party may appeal from the decision of the district court to the supreme court, and the warrants deposited as herein before provided shall remain in the district court until a final decision be had subject to the order of the supreme court.

SEC. 5. [Notice, appeal to non-residents.] If any owner or owners of lands so condemned shall be non-residents, the State of Nebraska may give notice of appeal by publication for four consecutive weeks in some newspaper published in the county where such lands lie.

SEC. 6. [Appraiser's compensation; costs.] Said appraisers provided by Section 2 shall severally receive, as compensation, the sum of five dollars ($5.00) per day for each day they are actually engaged in the appraisal of said lands, which shall be in full for their services and expenses. The number of days so served by each shall be returned in their said report and the amount due said appraisers, together with all costs, except such as may be taxed to the owner or owners of lands condemned, upon appeal, as hereinbefore provided, shall be paid by the state out of any appropriation or appropriations available for the purchase or acquisition of lands.

SEC. 7. [Emergency.] Whereas an emergency exists this act to be in force and effect from and after its passage and approval.

Approved, March 13, 1913.

CHAPTER 10.

(Senate File No. 28.)

[Introduced by Mr. Bartling.]

AN ACT To amend Section 2338 of Cobbey's Annotated Statutes of the State of Nebraska [Cr. Code. § 241] and making it unlawful to play base ball on Sunday in a competitive game, except upon certain conditions, and to provide a penalty for the violation of the act and repeal said original section so amended.

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

SECTION 1. [Amendment.] That Section 2338 of Cobbey's Annotated Statutes of the State of Nebraska for the year 1911 [Cr. Code § 241] be amended to read as follows:

Sec. 2338 [Sabbath-breaking; baseball.] If any person of the age of fourteen years or upward shall be found on the first day of the week, commonly called Sunday, rioting, quarreling, hunting, fishing or shooting he or she shall be fined in a sum not exceeding Twenty Dollars, or be confined in the County Jail for a term not exceeding twenty days, or both, at the discretion of the Court. And if any person of the age of fourteen years or upward shall be found on the first day of the week, commonly called Sunday, at common labor (work of necessity and charity only excepted) he or she shall be fined in a sum not exceeding Five Dollars nor less than One Dollar; Provided, nothing herein contained in relation to common labor on said day of the week, commonly called Sunday, shall be construed to extend to those who conscientiously do observe the seventh day of the week as the Sabbath, nor prevent families emigrating from traveling, watermen from landing their passengers, and superintendents and helpers of toll bridges or toll gates from attending and superintending the same, or ferrymen from conveying travelers over the water, or persons moving their families on such days, or to prevent railway companies from running necessary trains. Provided further that it shall be unlawful for any person over fourteen years of age to play base ball in a competitive game on Sunday in this state, except on the conditions following: In all cities and villages such games may be authorized by a vote of the majority of the electors of such city or village, voting at a general or special election for that purpose. In the several counties of the state, outside of the corporate limits of the cities and villages therein, such games may be authorized by the Board of County Commissioners or a Board of Supervisors, and the authority therefor shall be in the form of a resolution duly passed by the Board of County Commissioners or the Board of Supervisors. Any person over the age of fourteen years of age, who shall engage in playing base ball on Sunday in a competitive game, where authority therefor has not been granted as herein above provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not exceeding $25.00, for each and every offense; and shall stand committed until such fine and costs are paid.

SEC. 2. [Repeal.] And that said original Section 2338 of Cobbey's Statutes for 1911 [Cr. Code § 241] as now existing be and the same is hereby repealed.

SEC. 3. [Emergency.] Whereas an emergency exists, this Act shall take effect and be in force after its passage and approval according to law.

Approved, March 18, 1913.

CHAPTER 11.

(House Roll No. 68.)

[Introduced by Mr. Wood.]

AN ACT To amend section 11602, Chapter 51, Subdivision 6, Cobbey's Annotated Statutes for 1911, C. S., Ch. 79, Subd. 6, § 4] relating to sums voted for school purposes, to provide for a levy of thirty-five mills on the dollar of assessed value of such district, and to repeal said original section, and to declare an emergency.

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

SECTION 1. [Amendment.] That Section 11602, Subdivision 6, Chapter 51 Cobbey's Annotated Statutes for 1911 [C. S., Ch. 79, Subd. 6, § 4] is hereby amended to read as follows:

SEC. 11602. [High school trustees' annual statement.] The said trustees shall present at each annual meeting, a statement in writing of all receipts and expenditures on behalf of the district, for the preceding year, and of all funds then on hand, and an estimate of the amount necessary to be raised by the district, in addition to the money to be received from the primary school fund and other sources, for the support of the schools of said district for the ensuing year, and for incidental expenses thereof; and the said district may, at the annual meeting, vote such sums to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof, for the ensuing year. That the amount of money so voted as being necessary for the maintenance of the schools for the ensuing year, shall be certified by the district school board to the county clerk of the county in which such school district is located, and the

appropriated for the maintenance of the Nebraska Orthopedic Hospital and for making certain immediately necessary alterations and repairs in buildings until April 1, 1913.

SEC. 2. (Same, how expended.) That the sum herein appropriated or so much thereof as may be required shall be expended by and under the direction of the Board of Public Lands and Buildings.

SEC. 3. (Emergency.) Whereas an emergency exists, this act shall be in force on and after its passage and approval. Approved, March 27, 1913.

CHAPTER 14.

(House Roll No. 65.)

[Introduced by Messrs. McKissick and Schaupp.]

AN ACT To amend Section 11218, Cobbey's Annotated Statutes for 1911, [C. S. Ch. 77, Art. 8, § 19] relating to expenditure of inheritance tax on county roads, and to repeal said original section, and all acts and parts of acts in conflict herewith, and declare an emergency.

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

SECTION 1. [Amendment.] That section 11218, Cobbey's Annotated Statutes for 1911 [C. S., Ch. 77, Art. 8, § 19], be amended to read as follows:

SEC. 11218. [Inheritance tax; County road fund.] The County treasurer of each county shall keep all money collected under the provisions of this act in a separate and special fund to be expended under the direction of the county board of each county, for the sole purpose of the improvement of the county roads; such roads shall not be built within the corporate limits of any city or village, provided, that such improvements may be made from the limit of any city of the metropolitan or first class and through a city of the second class or village where the road so determined upon to be improved is a main road between the country and such city of the metropolitan or first class; all contracts for permanent improvements shall be let by the county board, by competitive bids after the plans and specifications therefor drawn by the

county surveyor or engineer have been filed with the county clerk of each respective county. All bids for the construction of such road shall be deposited with the county judge of the respective counties and opened by him in the presence of the County Board and county clerk, and then filed with the County Clerk; all such permanent road-beds shall not be less than 16 feet in width and shall be constructed of the most durable and approved material, and the remaining part of such road shall be constructed at one side of the permanent part and be used as dirt road; Provided, that it shall be lawful for the county board of any county having a population of not more than fifty thousand inhabitants to use such fund in the manner herein provided, for the improvement of any cut or fill and for the grading of any public highway. The county board in such counties in making such improvement shall have the option of letting the same by competitive bid as herein set forth or in any other manner as shall to them seem for the best interest of the County. Provided, that all money heretofore paid by the various county treasurers to the State Treasurer, under the provisions of this act shall be, upon proper vouchers signed by the County Judge and county treasurer, paid back to the county from which the tax was received, and such money when so refunded by the State Treasurer shall be placed in the special fund heretofore mentioned in each county and shall be expended in like manner and for like purposes as herein above specified.

SEC. 2. [Repeal.] That section 11218, Cobbey's Annotated Statutes for 1911 [C. S., Ch. 77, Art. 8, § 19], and all acts or parts of acts in conflict herewith, are hereby repealed.

SEC. 3. [Emergency.] Whereas an emergency exists this act shall take effect and be in force after its passage and approval according to law.

Approved, March 27, 1913.