4913 SEC. 19. [Fees.] The appraisers of all lands under this act shall be allowed the sum of three dollars per day for their services and three dollars per day for one team for their use and, in all cases where it becomes necessary to have a survey made in order to find the corners and boundaries of the land to be ap praised, the said appraisers are hereby authorized, under the direction of the board of educational lands and funds, to employ a competent surveyor to accompany them, who shall receive for his services not to exceed five dollars per day. The publisher of any advertisement in connection with the forfeiture or leasing of any educational lands shall be allowed the fees fixed by law for publishing legal notices. The com missioner of public lands and buildings shall be reimbursed for the actual expense incurred in leasing and otherwise looking after the educational lands. All accounts for services or expenditures ordered by the board of educational lands and funds shall be examined and, if found to be correct, approved by said board and shall be paid by warrants drawn on the appropriation placed at their disposal. County treasurers shall be allowed as compensation for the collection of all educational land funds one per cent of all such funds collected by them, and the auditor of public accounts is hereby authorized and required to issue warrants in payment thereof at the time and in the same manner as provided by law for the payment of county treasurers fees for the collection of state taxes. [Id., § 19.]

4914 SEC. 20. [Subdivision into lots.] Any portion of the lands of this state governed by this act adjoining the site of any city or town may be subdivided into lots and leased as herein provided. The board being satisfied that by a division of any such tract into lots the lease of the same can be made for a greater amount than if leased in tracts of forty acres, as herein provided, shall have the authority to employ the necessary surveyors and cause such tracts to be subdivided into lots and tracts of such size as they may determine, and a plat of the same shall be made and filed for record in the office of the county clerk. Such lots shall be appraised by the appraisers to be appointed by the board, none of whom shall be occupants of the land to be leased. Tracts of land so subdivided and appraised shall be leased ac cording to the provisions of this act. The commissioner of public lands and buildings shall give thirty days notice of such letting and publish the same in a newspaper of general circulation published in the county in which said lots are situated. Each notice shall contain a list of the lots to be leased and the appraised value of each. The leasing of such lots shall take place on the day appointed, under the direction of the commissioner, and shall be leased to the highest bidder, but in no case for less than six per cent of the appraised value. Lots remaining unleased shall be again offered for lease at public auction at such time as the board shall direct and the said commissioner may adjourn the leasing from day to day until all the lots are offered. [Id. § 20.]

4915 SEC. 21. [Waste-Trespass.] If any person shall commit waste or trespass, or other injury, upon any of the lands herein referred to, the person so offending shall, on conviction thereof, be fined in a sum not less than twenty-five dollars nor exceeding one thousand dollars. [Id., § 21.]

4916 SEC. 22. [Destroying timber.] If any purchaser of timber land shall, before receiving his title in fee simple therefor, cut or destroy any timber on said land more than may be actually necessary for the building and repairing of fences and for the family of the occupant, he or she shall be liable, in a civil action, for the recovery of the amount of damages done to the land. [Id., § 22.]

4917 SEC. 23. [Complaint-Prosecution.] All civil officers, upon information on oath, or of their own knowledge, shall cause any person committing any of the offenses mentioned in section twenty-one of this act, to be brought before them by a like process as in criminal cases, and to enter into recognizance for his appearance at the district court of the state, to be held in the county where said

lands are located, on the first day of the next term thereof, and in default of such recognizance they shall commit such person to the jail of the county. [Id., § 23.]

4918 SEC. 24. [Charge to grand jury.] The judges of the district court shall give the twenty-first section of this act in special charge to the grand jury at each term, who are required to especially inquire into and make presentment of all offenses committed against the provisions of the same. [Id., § 24.]

4919 SEC. 25. [Fines-Penalties.] All fines and penalties accruing under the provisions of this act shall be paid into the county treasury by the officer collecting the same, who shall take duplicate receipts therefor, one of which he shall file in the office of the county clerk, and such funds shall be apportioned among the schools of the county where the same accrued, on the same basis as other money, applicable to the support of the schools, is required by law to be apportioned. [Id., § 25.]

4920 SEC. 26. [Unclaimed fees and costs.] All unclaimed fees and costs which have been paid and not demanded for two years shall be paid in by the justice or clerk of any court under whose control such unclaimed fees and costs may be, to the school fund of the respective counties where such moneys belong. [Id., § 26.]

4921 SEC. 27. [Fines-Penalties-Forfeitures.] All fines, penalties and forfeitures not otherwise specifically appropriated shall be paid in to augment the common school fund of the county where such fines, penalties and forfeitures properly belong. [Id., § 27.]

4922 SEC. 28. [Same-Apportionment.] In cities and villages whose corporate limits form, in whole or in part, more than one school district, all money derived from fines, penalties, and licenses, shall be apportioned to the several districts in proportion to the number of persons of school age residing in each district, included in whole, or in part in said corporate limits, according to the school census taken last before any such apportionment. [Id., § 28.]

4923 SEC. 29. [Escheats.] All property real or personal which may now belong to this state by escheat, or that may hereafter escheat to the state for want of owners shall be managed by the governor and superintendent of public instruction, and such property and the proceeds thereof shall be placed in the temporary school fund of the state. [Id., § 29.]

4924 SEC. 30. [Five per cent fund.] All moneys now in the state treasury or that may hereafter be received from the United States on account of the five per cent fund on cash sales shall be placed to the credit of the permanent school fund of the state. [Id., § 30.]

4925 SEC. 31. [Governor-Duty.] That the governor of the state be, and he is hereby empowered and directed to receive from the United States all moneys that may be due or hereafter become due to the state, and it shall be his duty to deposit the same without delay in the treasury of the state taking the treasurer's receipt therefor. [Id., § 31.]

4926 SEC. 32. [Funds-Collection.] That the state treasurer is hereby authorized and directed to institute suit on behalf of the State of Nebraska in the proper courts of the several counties for the foreclosure and collection of any and all securities held by the permanent school fund of this state, such suits to be prose

SECS. 26, 27, 29.

A re-enactment of "An act to increase the school fund in Nebraska by penalties, forfeitures, fines, uncl imed fees, and estates.' Laws, 1869, 158. G. S., 1000. Took effect February 15, 1869. See Const., sec. 8, art. VIII; 5 Neb., 205; art. IX, chapter 83, post; but see note to sec. 39, ch. 28, ante; also 52 Neb., 770, as to constitutionality.

SEC. 28. A re-enactment of "An act to provide for the apportionment of fines, penalties, and license moneys in cities and villages having a part or all of two or more school districts within their corporate limits." Took effect April 8, 1895. Laws, 1995, chap. 63.

SECS. 30, 31.

A re-enactment of "An act to place moneys received from the United States, known as five per cent funds, to the credit of the permanent school fund of the state." G. S., 999. Took effect February 18, 1873 SECS. 32-35. A re-enactment of "An act to provide for the foreclosure and collection of the securities held by the permanent school fund of Nebraska." Laws, 1877, 208. Took effect June 1, 1877.

cuted in the name of the state, against any and all persons indebted to said fund upon said securities and the judgments recovered and the moneys collected thereon shall belong to the said school fund. [Id., § 32.]

4927 SEC. 33. [Same-Prosecution of suits.] The attorney general is hereby required, upon request of the state treasurer to perform all necessary legal labor in the preparation and prosecution of any suit necessary to be brought an order to compel the payment of any such securities or the interest due, or to become due thereon. [Id., § 33.]

4928 SEC. 34. [Satisfaction of mortgage, etc.] Upon the payment of any mortgage or other security held by said school fund the state treasurer is hereby authorized and required to discharge and cancel the same of record in the manner required by law. [Id., § 34.]

4929 SEC. 35. [Settlement.] If the governor, treasurer, and auditor of public accounts shall deem it for the best interests of the state to take a conveyance of the land mortgaged, to secure any loan of the permanent school fund heretofore made or other land in lieu thereof then, and in that case, the treasurer is hereby authorized to cancel and discharge of record any mortgage heretofore given to the state for the benefit of the permanent school fund when such conveyance of such lands as the said governor, treasurer, and auditor of public accounts may require to be made, shall have been duly executed and delivered to the state for the benefit of the permanent school fund. [Id., § 35.]

4930 SEC. 36. [Avails of judgments.] That all moneys now in the treasury of the state arising from collections on judgments in favor of the state, as well as all moneys which shall hereafter be collected on such judgments, shall be transferred and paid into the permanent school fund and become a part thereof. [Id., § 36.]

4931 SEC. 37. [Bonds stamped.] That all bonds held by the State of Nebraska and belonging to the permanent school fund shall be stamped and signed by the state treasurer, with the following words: This bond belongs to the permanent school fund of the State of Nebraska, and is not negotiable. Signed by state treasurer. [Id., § 37.]

4932 SEC. 38. [Repealed chap. 80, Compiled Statutes, 1897, and all acts in conflict.]

4933 SEC. 39. [Contracts for purchase or lease of lands.] That in cases in which contracts for the sale or lease of lands owned by the state have been duly signed, executed and delivered to the purchaser or purchasers or lessees in said contract named, by the proper state officers, the omission on the part of the proper officers to have first offered such lands at public sale shall not invalidate the private sale or leasing of such lands; but the purchaser or purchasers or lessees in such contracts mentioned or their assignees, upon performance by them of the covenants and conditions on their part, by the terms of said contracts to be done, kept, and performed, shall be entitled to a deed or contract of sale from the state for such lands, and the proper officers of the state in such cases are hereby authorized and directed to make, execute, and deliver to such purchaser or purchasers or lessees or their assignees, deeds, or contracts of sale from the state therefor, which said deeds, when properly executed and delivered, shall convey all right, title, and interest of the state in and to the lands described therein. [1887, chap. 54.]

SEC. 86. A re-enactment of "An act to provide for the transfer of moneys received by the treasurer on judgments in favor of the state to the permanent school fund." Laws, 1879, 177. Took effect June 1, 1879. SEC. 37. A re-enactment of "An act to prevect the negotiation of bonds held by the state as a permanent school fund in case of loss by theft or otherwise." Laws, 1887, chap. 79. Took effect April 4, 1887. SEC. 39. "An act to relieve parties holding contracts for the purchase or lease of lands from the state without first having been offered for sale at public sale." Laws, 1887, chap. 54. Took effect March 31, 1887.

4934 SEC. 40. [Five per cent, Pawnee Indian Reservation-Duty of Governor.] By the Senate and House of Representatives of the Legislature of the State of Nebraska, that the governor be, and he is hereby directed to take such steps as he may deem proper to secure to the school children of this state the balance that may be due the state for the five per cent on the sale of said Pawnee Indian reservation and that he be and he is hereby directed to report the same to the next legislature of the state of Nebraska. [Laws, 1901, chap. 121.]

SEC. 40. "A resolution in relation to the funds due the State of Nebraska from the sale of lands of the Pawnee Indian Reservation." Laws, 1901, chap. 121.

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.