any, shall be paid into the county treasury for the benefit of public school fund of such county, unless the owner shall make proof of his right to the same within three months; Provided, If the name or initial of the owner of any log, toy, or other property, be plainly marked or branded thereon, then the salvor shall, in addition to the foregoing proceedings, also give notice to the owner, if known from such mark or brand.

4639 SEC. 9. [Penalty.] If any person shall retain, sell, or dispose of any such property wrecked, lost, or adrift, without complying with each and all of the requirements of this act, such person shall be deemed guilty of the larceny of such property, and on conviction thereof shall be punished as for the unlawful taking, stealing, and carrying away of such property.

CHAPTER 79.-SCHOOLS.

SUBDIVISION I.-SCHOOL DISTRICTS.

4640 SECTION 1. ["School" and "District" construed.] The term school district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall be construed to mean a school under the jurisdiction of a school board authorized by this chapter. [1881, § 1, chap. 78.]

4641 SEC. 2. [District a body corporate.] Every duly organized school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, by the name and style of "school district number ...........of county," and in that name may sue and be sued, purchase, hold, and sell

such personal and real estate as the law allows.

4642 SEC. 3. [Division of counties.] Each organized county not already divided into school districts or any part of such counties not so divided shall be divided by the county superintendent into as many school districts as may be neces

sary.

4643 SEC. 4. [New and altered districts.] New districts may be formed from other organized districts, and boundaries of existing districts may be changed under the following conditions only: First-The county superintendent shall have discretionary power to create a new district from other organized districts, upon a petition signed by one-third of the legal voters in each district affected. SecondThe county superintendent shall have discretionary power to change the boundaries of any district upon petitions signed by one-half of the legal voters in each district affected. He shall also have discretionary power to annex to any existing district any territory not organized into districts, upon petitions signed by one-half of the legal voters in the said district and in the said territory proposed to be annexed. Third-The county superintendent shall not refuse to change the boundary line of any district, or to organize a new district when he shall be asked to do so by a petition from each school district affected, signed by two-thirds of all the legal voters in such district, nor to annex to an existing district any territory not organized into districts when asked so to do by petitions signed by two-thirds of the legal voters of the said existing district and the said territory proposed to be attached. A notice of said petition, containing an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, shall be posted in three public places, one of which places shall be upon the outer door of the school house, if there be one, in each district affected, or territory not organized into districts, proposed to be attached to an existing district, at least ten days prior to the time of presenting the petition to the county superintendent; Provided, that changes affecting cities shall be made upon the petition of the board of education of the district or districts affected. Fourth-Two districts may be made from one by the

1881.

CHAP. 79. "An act to establish a system of public instruction." Laws, 1881, chap. 78. Took effect March 1, SEC. 2. No cause of action will accrue to school district as a corporation against county superintendent for the manner in which he may exercise his discretion in changing the boundaries of district. 23 Neb., 661. See 11 Id., 285. SEC. 3. Districts should be limited in extent by the distance that scholars are able to attend school. 9 Neb., SEC. 4. Discretion of county superintendent. 23 Neb., 659. Discretion of county superintendent will not be controlled by mandamus; appeal lies from his decision to district court. 25 Neb., 405. Cited 18 Neb., 648. Notices indispensable. Contents of affidavit; time and place should appear. 31 Neb., 424. When territory is to be attached written notice and petition should be given. 28 Neb., 485. Superintendent has exclusive original jurisdiction of division of county into districts. 35 Neb., 400. Proviso in paragraph 7 confined to what immediately precedes it. Notice in sec. 3 necessary. 39 Neb., 391.

336.

county superintendent upon a petition from each district proprosed, signed by a majority of the voters in each district proposed. One district may be discontinued and its territory attached to other adjoining districts, upon petition signed by onehalf of the legal voters in each district affected. Fifth-A list or lists of all the legal voters in each district (or territory) affected, made under the oath of a resident of each district (or territory) affected, together with an oath of a resident of each district (or territory), that the legal notice provided for in the third clause of this section has been properly posted, shall be given to the county superintendent when the petition is presented. Sixth-No new district shall be formed between the first Tuesday of April and the first day of October. Seventh-No district shall be formed extending more than six miles in any one direction upon section lines; and wherever any district now existing contains more than fifty sections of land.* The County Superintendent shall divide such district without petition: Division lines to be upon township lines when such division shall leave no district with less than six sections of land. No new district shall be formed containing less than four sections of land, nor shall any district be reduced by division or otherwise so as to contain less than that amount, unless the district so formed, or the part of a district remaining after division, shall have an assessed valuation of property of not less than twelve thousand dollars; Provided, That when streams or water courses make it impracticable to form districts containing four sections, then the county superintendent may form districts with less than four sections without regard to valuation. When streams of water make it impracticable for children to attend school in their own district, the county superintendent shall have authority, and it shall be his duty when requested by the parents or guardians of such children, to attach to adjoining districts such territory as he may deem necessary for the purpose of giving said children school privileges. When a district is reduced in size by the annexation of a part of its territory to a city district as provided by law, or when a portion of a district is cut off from school privileges by a river's changing its channel, so that such part remaining after such annexation or the said portion so cut off by change of a river channel shall contain less than two sections of land and fewer than twenty persons of school age, the county superintendent shall have authority and it shall be his duty to attach such remainder or portion to adjoining districts, provided this can be so done that no pupil in such remainder or portion shall be more than two and one-half miles from the nearest school house in the district in which such pupil is so placed. Eighth-The county superintendent shall file in his office all petitions that have been granted for change of boundaries or for the formation of new districts, and such petitions shall be prima facie evidence of the boundaries of districts; and all conflicting records of boundaries shall be made to correspond with the petitions so filed. [Amended 1883, chap. LXII. 1885, chap. 79. 1889, chap. 78. 1895, chap. 58.]

4644 SEC. 5. [Notice by superintendent.] Whenever the county superintendent of any county shall form a new district it shall be the duty of the said superintendent to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of holding the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the superintendent.

4645 SEC. 6. [Notice to voters.] The said notice shall also direct such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his or her place of residence, of the time and place of

*So in enrolled bill.

SEC. 5. The record should contain a minute detail of all proceedings in relation to the formation of the new district, and of the amount justly due the new from any old 'district out of which it may have been formed. 6 Neb., 545.

holding said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voter of said district accordingly.

4646 SEC. 7. [Return of notice.] The said inhabitant, when he shall have notified the qualified voters as required in said notice, shall endorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting.

4647 SEC. 8. [Same-Record-Evidence.] The said chairman shall deliver such notice and return to the director chosen at such meeting, as hereinafter provided, who shall record the same at length in a book, to be provided by him at the expense of the district, as a part of the records of such district, which record shall be prima facie evidence of the facts therein set forth, and of the legality of all proceedings, in the organization of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the county superintendent as evidence.

4648 SEC. 9. [District divided-Property-Indebtedness.] When a new district is formed in whole or in part from one or more districts possessed of a school house or other property, the county superintendent, at the time of forming such new district, or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new district from any district or districts out of which it may have been in whole or in part formed, which amount shall be ascertained and determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts at the time of such division, and the fact that such school house or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof; Provided, That such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be adjusted as hereinafter provided.

4649 SEC. 10. [Same-Bonded indebtedness.] If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new district shall be entitled as aforesaid shall be apportioned so as to come due in installments proportionately at such times as the original indebtedness shall become due to the creditors of the old district.

4650 SEC. 11. [Same-Collection.] The amount of such proportion, when so ascertained and determined, shall be certified by the county superintendent to the county clerk, who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the school house or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district.

4651 SEC. 12. [Same-Payment.] When collected, such amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been vated and raised by said district for building a school house or other district pur

poses.

SEC. 9. After the division, the old district has no authority to use property or funds to which the new one is entitled. 4 Neb., 267. Id., 338. Where there is no finding or determination whatever by the superintendent as to property of any kind retained by a district out of which a new district was formed, his certificate to the county clerk stating the amount of tax to be levied on the old district to be paid to the new, when collected is a nullity. 6 Neb., 544. Certificate of superintendent of amount found due, sufficient to authorize levy of tax. 12 Neb., 327. See also 13 Neb., 170.

4652 SEC. 13. [Sale of property.] Whenever, by the division of any district, the school house or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which such school house and site shall be located may, when ordered by the district, advertise and sell the same at public or private sale and apportion the proceeds; Provided, That when sold at private sale such sale shall not be binding until approved by the district interested.

4653 SEC. 14. [Proceeds-Division.] The money arising from the sale of school house and site, or otherwise, except teachers' fund, shall be divided among the several districts created in whole or part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division.

4654 SEC. 15. [Teachers' fund-Division.] Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the number of scholars in each district at the time of said division. The money designated in this and the preceding section shall be divided at once, and not in the manner provided in section eleven (11) of this subdivision.

4655 SEC. 16. [Unbonded indebtedness.] Whenever a new district shall be organized from the territory of a former district, and there shall be any indebtedness of such former district which shall not be bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of school house or other property, and such new district shall be entitled to only the value of its proportionate share of such property after deducting its like share of such indebtedness.

4656 SEC. 17. [District change-Report to clerk-Map.] Every change in district boundary lines must be reported as soon as made to the county clerk and the county treasurer, by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed. The county superintendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the county. Upon receiving said notification, it shall be the duty of the county treasurer to adjust the tax list of the county in accordance with the change of district boundaries, so that the uncollected taxes levied upon property that has been transferred to another school district shall, when collected, be placed to the credit of the district to which such property has been transferred. [Amended 1885, chap. 79.]

4657 SEC. 18. [Unsatisfactory division of property.] Whenever a district is dissatisfied with the division of school property made by the county superintendent, the points in dispute may be referred to three disinterested persons, no one of whom shall be a resident of either district interested in the matter at issue, one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final.

4658 SEC. 19. [Arbitration.] The manner of proceeding shall be substantially as follows: The district desiring an arbitration shall make a demand in writing of the county superintendent within ten days after said superintendent has made his award. The county superintendent shall notify the other district or districts and direct them to choose arb trators. The county superintendent shall appoint a time and place for the hearing, at which the arbitrators shall proceed immediately to hear and determine the matter at issue according to justice and right, taking all the circumstances into consideration.

SEC. 17. Act of 1885 has no repealing clause. It added all after first sentence ending with word "formed."