thereto, to the state of Nebraska, in a sum equal at least to fifteen per centum of the value of the lands, the sale of which is sought to be prevented, conditioned, that the plaintiff or person instituting such proceedings, shall pay all costs and damages which may accrue, if it shall finally be determined that such proceedings ought not to have been instituted. [1875, § 1, 123.]

4947 SEC. 3. [Time of payment extended.] That upon the full payment of all the interest and taxes due thereon, the principal of all notes given in payment for school lands, be, and the same is hereby extended to the first day of January, 1890; Provided, That upon all lands heretofore sold, the purchaser or his assigns, shall make satisfactory proof to the county clerk of the county within which the land is situated, that permanent improvements have been made upon said lands before such extension shall be granted; Provided further, That nothing in this act shall be construed to prevent the purchaser or his assigns, from making full payment of such notes at any time by computing the interest to the first day of January following such payment. [1877, § 1, 210.]

4948 SEC. 4. [Power of county commissioners.] It shall be the duty of the county commissioners, upon application being made by the purchaser, or his assigns, showing that the provisions of section one of this act has been complied with, to extend the time of payment of the principal of such note to the time specified in section one of this act. [Id., § 2.]

4949 SEC. 5. The provisions of this act shall extend to and include all sales of school land hereafter made. [Id., § 3.]

4950 SEC. 6. [Parties living on land selected in lieu of sections 16 and 36.] Any person or persons who shall have resided continuously for a term of five years on lands selected in lieu of sections 16 and 36 for common school purposes shall when the state acquires title thereto, have the privilege of purchasing the same, on the same terms as other school lands are purchased from the state; Provided, That such lands shall be appraised under direction of the county commissioners, at not less than seven dollars per acre; Provided further, That such appraisal shall not include any improvements placed on said lands by the person so purchasing the same. [1875, § 1, 123.]

SECS. 3-5. "An act to extend the time of payment of notes given in payment for school lands. Laws, 1877, 210. Took effect June 1, 1877. Cited 25 Neb., 423. lands selected in lieu of sections 16 and 36 to purchase Took effect Feb. 25, 1875.

SEC. 6. "An act authorizing parties living on school the same when the state acquires title." Laws, 1875, 123.

CHAPTER 81.-SEALS.

4951 SECTION 1. [Use of private seals abolished.] The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made shall not affect its equity or legality in any respect. [R. S., 376. G. S., 1001.]

4952 SEC. 2. [Instruments heretofore made without seal valid.] All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have heretofore been made and executed, without the use of a private seal are, notwithstanding, hereby declared to be legal and valid in all courts of law and equity in this state and elsewhere.

CHAP. 81. Chap. XLIX., R. S., 376. Chapter 71, G. S., 1001. See 20 Neb., 137. Private seals being abolished, their incidents are also abolished. Bonds are simple contracts, not importing a consideration. 42 Neb., 818.

CHAPTER 82.-SEAT OF GOVERNMENT.

4953 SECTION 1. [Commissioners.] That the governor, the secretary of state, and the auditor be, and they are hereby appointed commissioners for the purpose of locating the seat of government and the public buildings of the state of Nebraska. SEC. 2. [Provided for bond of commissioners.]

4954 SEC. 3. [Selection-Name.] On or before the fifteenth day of July, A. D. 1867, the commissioners or a majority of them, shall upon actual view select from the lands belonging to the state, within the following limits, to-wit: The county of Seward, the south half of the counties of Saunders and Butler, and that portion of the county of Lancaster lying north of the south line of township nine, a suitable site of not less than six hundred and forty acres, lying in one body for a town, due regard being had to its accessibility from all portions of the state, and its general fitness for a capital. They shall then appoint a suitable person as surveyor, and such other assistants as may be necessary, who shall take and subscribe an oath similar to the one taken by the commissioners. They shall immediately survey, lay off, and stake out the said tract of land into lots, blocks, streets, and alleys, and public squares, or reservations for public buildings, which said town when so laid out, and surveyed shall be named and known as Lincoln, and the same is hereby declared to be the permanent seat of government of the state of Nebraska, at which all of the public offices of the state shall be kept, and at which all the sessions of the legislature shall hereafter be held.

SECS. 4-10. [Provided for sale of lots, expenses of commissioners, and erection of capitol.]

4955 SEC. 11. [University—Agricultural college-Location.] The state university and state agricultural college shall be united as one educational institution, and shall be located upon a reservation selected by said commissioners, in said "Lincoln," and the necessary buildings shall be erected thereon as soon as funds can be secured by the sale of lands donated to the state for that purpose, or from other sources.

4956 SEC. 12. [Penitentiary-Location.] The penitentiary of the state shall be located upon a reservation selected by the said commissioners, in the said "Lincoln," or upon lands belonging to the state, and adjacent to said town of “Lincoln," and the necessary buildings shall be erected so soon as funds can be secured.

4957 SEC. 13. [Officers to move to Lincoln.] As soon as the capitol building provided for in this act is erected and completed, it shall be the duty of the governor to issue his proclamation announcing said fact, and thereupon it shall be the duty of all the state officers whose offices are properly kept at the capitol, to remove, within three months, their several offices, together with the public property, archives, records, books and papers to said "Lincoln," and all sessions of the legislature shall thereafter be convened at the same place.

SEC. 14. [Provided for report to legislature.]

4958 SEC. 15. [Sale of lots in Lincoln.] It is hereby made the duty of the board of public lands and buildings to cause all unsold lots and lands belonging to the state of Nebraska and lying and being in the city of Lincoln, in the county of Lancaster and state of Nebraska, to be sold at public sale to the highest bidder as hereinafter provided. [1887, chap. 85.]

CHAP. 82. "An act to provide for the location of the seat of government of the state of Nebraska and for the erection of public buildings thereat." Laws, 1867, 52. G. S., 1002. Took effect June 24, 1877, NOTE, also, that special acts concerning the erection of public buildings, capitol, insane asylum, etc., are omitted from this volume. See Const., p. 38. SEC. 15. "An act to provide for the selling of all unsold lots and lands belonging to the state of Nebraska, lying and being in the city of Lincoln, and to provide for the appropriation of the funds arising from said sale.' Laws, 1887, chap. 85. Took effect March 31, 1887.

CHAPTER 82a.-SOLDIERS AND SAILORS.

HOME AT GRAND ISLAND.

4959 SECTION 1. Establishment. That there shall be established and maintained by the state of Nebraska an institution, to be known as the Nebraska Soldiers' and Sailors' Home, the object of which shall be to provide homes and subsistence to honorably discharged soldiers, sailors, and marines, and also hospital nurses who served in the United States army or navy, or hospitals during the war of the rebellion who shall at the time of application for admission to such home, have been an actual bona fide resident of this state for two years, next preceding such application, and who have become disabled by reason of such service, old age, or otherwise, from earning a livelihood, and would be dependent on public or private charities, and also the wives of such soldiers, sailors, or marines who have attained to the age of fifty years, and the widows of soldiers, sailors, or marines who died while in the service of the United States, and the widows of such soldiers, sailors, or marines who were honorably discharged from such service, and have since died, Provided, Such widow shall have been bona fide residents of this state for two years immediately preceding admission to such home, and have attained the age of fifty years, and is unable to earn a livelihood and is dependent upon public or private charities; Provided, further, that all applications for admission to said home shall be made to the county board of the county in which the applicant resides, and it shall be and is hereby made the duty of any county board in this state to whom such application shall be made to inquire into the condition of such applicant, and if upon inquiry it be found that the applicant is unable by reason of disability or old age to earn a livelihood for him or herself, and is dependent upon public or private charities for their maintenance, then the county board shall at once forward the application, together with their finding in regard to the condition of such applicant under their seal, to the legally authorized board of such home, whose duty it is now, or hereafter it may be to receive and act upon applications for admission thereto. [1887, chap. 82. Amended 1889, chap. 85. 1891, chap. 49, § 1.]

4960 SEC. 2. [Buildings.] The board of public lands and buildings shall, as soon as practicable, after this act shall take effect, take the necessary steps for the erection and furnishing of a suitable central building for such institution, capable of accommodating not less than 25 nor more than 50 persons, in addition to the necessary officers and employes. They shall advertise for plans and specifications for such building, and upon the adoption of the same, shall at once advertise for sealed proposals for the erection and completion of safd building in accordance with such plans and specifications; and shall let the contract to the lowest bidder therefor, who shall be required to enter into a written contract for the erection and completion of said building in accordance with the bid and the plans and specifications adopted by the board. He shall also give a bond for the faithful performance of his contract, in such sum as the board shall deem ample. [Id.]

4961 SEC. 3. [Location.] Such soldier's and sailor's home shall be located not less than three miles nor more than six miles from the corporate limits of the city of Grand Island; Provided, There shall be donated and conveyed to the state of Nebraska in fee simple, not less than 640 acres of land suitable as a site for said institution; to be approved and accepted by the board of public lands and buildings.

CHAP. 82α, SEC. 1. "An act to establish and maintain the Nebraska Soldier's and Sailor's Home." Laws, 1887, chap. 82. Took effect March 4, 1887, as amended by "an act to amend sections 1, 4, 5, 6, 7, and 8 of chapter eightytwo a (82a) of the compiled statutes of 1889, and to repeal the sections so amended." Laws, 1891, chap. 49. Took effect Aug. 1, 1891.

If such lands shall not be donated and conveyed within 30 days after this act shall take effect, then the board of public lands and buildings shall locate and establish the same at some other suitable point, where such donation shall be made, having regard to the welfare of the institution and the health of its inmates. [Id.]

4962 SEC. 4. [Visiting board.] The governor shall appoint five persons, three of whom shall be honorably discharged volunteer soldiers of the United States army, and two of whom shall be either wives, sisters, or daughters of honorably discharged soldiers, sailors or marines and members of the Women's Relief Corps of this state, as a visiting and examining board, who shall serve for three years from the date of their appointment, one of whom shall serve until April 1st; 1892, two until April 1st, 1893 and two until April 1st, 1894, as may be determined by lot, and their successors, respectively, shall serve three years each, and in every case a member shall hold his or her office until their successor shall be appointed and qualified. They shall each give bond in the sum of two thousand ($2,000) dollars for the faithful discharge of their duty, and shall take and subscribe an oath to support the constitution of the United States and of the State of Nebraska, to faithfully discharge the duties of his or her office without fear or favor. The members of such board shall receive as compensation for their services the sum of four (4) dollars per day for each and every day of actual service, and all necessary expenses incurred in the discharge of their duties. The Governor shall have power to remove any member of the board for inefficiency or other good and sufficient cause, and any vacancy occurring from death, removal or otherwise, shall be filled in the same manner as above. [Amended 1891, chap. 49, § 2.]

4963 SEC. 5. [Management-Board-Powers.] The management of the Home shall be vested in the visiting and examining board, who shall visit said home at least once every three months from April 1st, 1893, and enquire into the conduct and management of the affairs of the same, and the treatment of the members thereof, define the duties of the officers, fix their compensation and to make all necessary by-laws, rules, and regulations for the government of the institution and its inmates. They shall prescribe rules of admission to said home, in accordance with the provision and object of this act. They shall from time to time as they may deem necessary or advisable, cause such lands as may not be necessary in connection with the central building to be surveyed and platted into suitable tracts of two and one-half (2 and ) acres or more, with regularly laid out streets and alleys, and shall cause neat and comfortable cottages and outbuildings to be erected thereon as may be found necessary, and shall assign tracts of land and cottages to such of the inmates as may be able to partially support themselves by manual labor. Such land shall be cultivated under such rules as may be adopted for the government of such homes. They shall appoint one of their number to be president and one as secretary. They shall hold their stated meetings at the institution, at least as often as once each three months at such times as they may appoint, and called meetings at the call of the president or at request of three members of the board. A majority of the board shall constitute a quorum for the transaction of business. At each regular meeting they shall inspect the institution under their charge and they or any one of them may visit and inspect at any time. They shall from time to time recommend to the board of Public Lands and Buildings such expenditures either for permanent improvements or otherwise, as in their judgment they may deem necessary or beneficial. They shall audit all bills and vouchers for expenditures for the institution

SECS. 5, 6. "An act to amend sections 3432 and 3433," "[secs. 5 and 6, chap. 82a, C. S.,]" of the consolidated statutes of 1891 so as to provide for the appointment, duties, and compensation of a commandant of the Nebraska Soldier's and Sailor's Home; to provide for reports from and quarterly meetings of the visiting and examining board of said institution to dispense with the office of quartermaster and to repeal said original sections 3432 and 8433 of the consolidated statutes of Nebraska of 1891." Laws, 1893, chap. 33. Took effect March 21, 1893.