cil shall have the power and authority to construct water mains and appliances therein for fire protection and assess the costs thereof against the abutting property in said districts, not exceeding, however, the special benefits accruing on account thereof. The assessment shall be made as provided for the assessments of special benefits on account of paving. The total amount thereof to be levied upon the completion of the work in the district, 1-10 to be delinquent in fifty days, 1-10 annually thereafter, each installment to draw six per cent interest from levy, payable annually, installments delinquent to draw one per cent interest per month. For the amount of the special assessment, bonds of the city known as fire district bonds, may be issued by the Mayor and Council, payable at not over ten years with annual coupons of not over six per cent, and such special tax or assessment shall constitute a sinking fund for the payment thereof; Provided, however, that no fireman, other than the Chief and assistant Chief of the Fire Department, shall be compelled or required to be on duty more than twelve (12) hours continuously in any one day, and each fireman shall be entitled to twelve (12) consecutive hours of each day, alternating from day to night and from night to day once each month, from seven (7) o'clock to seven (7) o'clock, without being subject to duty or called to do or perform any work or services as such fireman, and the proper officers having charge of the Fire Department of such city are required to make suitable rules and regulations to carry these provisions into effect; Provided, however, in the event of a great conflagration, or unusual fire or fires, the Chief of the Fire Department, at his discretion, may require such fireman, as may at that time be off duty, to assist in the protection of life and property. It shall be the duty of the Fire Chief to make necessary rules and regulations, touching this proviso, to bring members into service in any unusual cases. SEC. 2. [Repeal.] Said original Section 8057 of Cobbey's Annotated Statutes of Nebraska for the year 1911 [C. S., Ch. 13, Art. 1, § 129, Subd. 29], shall be and is hereby repealed. Approved March 11, 1913. AN ACT To amend Statutes of the CHAPTER 8. (Senate File No. 124.) [Introduced by Mr. Bushee.] Sections 11549 and 11551x1 of Cobbey's Annotated 14a, 14d], and to repeal said original Sections: Be it Enacted by the People of the State of Nebraska: SECTION. 1. [Amendment.] That section 11549 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 79, Subd. 2, § 14a], be amended to read as follows: Section 11549. [Schools, weak districts, state aid, seven months.] For the purpose of providing at least seven months school each year in the first eight grades for all the youth of this state whose parents or guardians live in public school districts whose funds are not sufficient to maintain school for at least seven months, there shall be paid to each district by the state treasurer such an amount as is necessary to enable such district to maintain seven months of school with a legally qualified teacher; Provided, that no state aid shall be given any public school district unless there has been levied the maximum tax levy allowed by law and until the accounts of such district are audited and approved by the county superintendent of the proper county. And provided further, that no district containing less than twelve sections of land shall receive any aid under the provisions of this act. And provided further, that where a district maintains more than one separate rural school there shall be paid to such district for each school maintained such amount as is necessary to enable the district to maintain seven months of school with a legally qualified teacher in each such school; Provided, that no district maintaining more than one rural school shall receive a share of apportionment for any school maintained in and for a division of territory less than twelve square miles. Provided further that no district formed after the passage of this act containing less than twenty square miles shall receive state aid under this act. Funds derived from this appropriation can be applied only in payment of teachers warrants for the current year. Provided further, that where a district contains less than 12 sections of land and has voted the maximum levy in accordance with the statute, the State Superintendent of Public Instruction, may, with the consent and advice of the county superintendent, arrange for the schooling of the children in said district for the period of seven months or pro rata in accordance with Section 11551. [C. S. Ch. 79, Subd. 2, § 14c] Provided, further, that where topographical conditions make consolidation impossible the state superintendent of public instruction may at his discretion award aid to districts containing less than twelve sections. SECTION 2. [Amendment.] That Section 11551x1 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 79, Subd. 2, § 14d.], be amended to read as follows: Section 11551x1. [Appointment, determination.] To determine the amount to be apportioned to each district, the county superintendent shall find the estimated expenditures of the district for the current year and subtract therefrom the estimated income of that district from all sources for the same year. The estimated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus the maximum amount that can be raised by taxation, plus the estimated apportionment of state school funds. If said district will not receive any apportionment of money from the state school fund, then said apportionment shall not be considered in estimating the income for the current year. The estimated expenditures for the current year shall be the amount necessary to maintain the school seven months, said estimate not to exceed Three Hundred and Eighty-five ($385) Dollars. SECTION 3. [Repeals.] That said original Sections 11549 and 11551x1 of Cobbey's Annotated Statutes of the State of Nebraska for 1911 [C. S., Ch. 79, Subd. 2, §§ 14a, 14d] be repealed. Approved, March 11, 1913. CHAPTER 9. (House Roll No. 197.) [Introduced by Mr. Bollen.] AN ACT To enable the State of Nebraska to condemn lands needed for state institutions or the state fair, or for any state use, and to provide the method of procedure of such condemnation, and declaring an emergency. Be it Enacted by the People of the State of Nebraska: SECTION 1. [Condemnation of land for state uses.] The State of Nebraska is hereby given power and authority to acquire, by condemnation, lands necessary for the state institutions or the state fair, or for any state use. SEC. 2. [Procedure; appraisers, duties.] Whenever the said state desires to purchase land in the name of and for the use of the State of Nebraska, and is unable to agree upon the price, value, or title of any land needed by any state institution or the state fair, or for any state use, the state may file in the office of the clerk of the district court of the county in which said land lies a plat of the land so required, together with an abstract of title to said land, as shown by the records of said county. Upon certificate of said clerk that such plat and abstract have been filed, as aforesaid, the governor shall appoint six (6) disinterested freeholders, residents of the state, not more than two of whom shall be residents of said county, who shall act as appraisers of said land. The governor shall notify the clerk of the District Court of the county in which land is situated of the appointment of said appraisers, and said clerk shall immediately, by registered letter, call the said appraisers to meet at the premises condemned not less than thirty days, nor more than forty days, after their appointment by the governor. Notice of such meeting of said appraisers shall be given by the said clerk by registered letter to all record-owners of title to said land not less than fifteen days prior to said meeting of appraisers, or by publication for four consecutive weeks in some newspaper of general circulation in said county, if any of such record-owners of title are non-residents of the state or their post office addresses are unknown to the clerk of said District Court; provided, that personal service of such notice at least ten days prior to said meeting of appraisers shall be sufficient in any event. The appraisers so appointed and notified shall inspect and view the premises condemned on the day appointed in such notice, or on any subsequent day to which they may adjourn said meeting, and, after hearing all interested parties, shall thereafter assess the value of such lands and the damages which the owners thereof shall sustain by the appropriation of such lands, and shall make report of such assessment in writing to the District Court of said county. SEC. 3. [Payment; record title, possession.] The State of Nebraska shall, within thirty (30) days after the filing of said report, deposit with the clerk of said court, warrants, duly executed, upon such funds as the state may have available for the purchase or acquisition of lands, drawn to the owner or owners of said lands as shown by the abstract filed as aforesaid, and for the purpose of issuing said warrants no other or further vouchers shall be required than a certified copy of said award, certified to by the clerk of said court, and thereupon said clerk shall certify said award under his seal and transmit the same to the register of deeds of said county for record, and said register of deeds shall file, record and index the same in the same manner as in case of condemnation for railroad right-of-way and thereupon the state shall be authorized to enter upon and take possession of such lands. SEC. 4. [Appeals.] Either party may, within thirty (30) days after the filing of said award, appeal therefrom to the district court of the county where said lands lie. Such appeal shall be taken by serving upon the adverse party a notice of such appeal and filing such notice and proof of service thereof with the clerk of said court within said thirty (30) days. Thereupon said appeal shall be set down for hearing at the next term of said court, and shall be heard and determined in like manner as appeals from awards in condemnations for railroad right-of-way. Such appeal shall not affect the right or authority of the State of Nebraska to enter upon and take possession of the lands so condemned. If on appeal the appellant shall not obtain a more favorable judgment and award than was given by said appraisers, then such appellant shall be adjudged to pay all the costs made on such appeal. Either |