ance, ratification, and assent is hereby made and given by the state of Nebraska, to all of the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the said act of the congress of the United States, entitled, "an act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto." [1887, chap. 88.]

5240 SEC. 33. [Preamble.] WHEREAS, by an act of the Congress of the United States, approved August 30th, 1890, there is appropriated to this state, for the use and benefit and the more complete endowment and support of the educational institution therein described, the sum of fifteen thousand dollars ($15,000) for the. year ending June 30th, 1890, sixteen thousand dollars ($16,000) for the year ending June 30th, 1891, and so on until the sum of twenty-five thousand ($25,000) dollars is reached, at which last named amount said Congressional appropriation is thereafter to remain fixed annually, AND WHEREAS, it is provided by said act of Congress that the money thereby appropriated shall be applied to the more complete endowment and maintenance, in the several states and territories, of colleges for the benefit of agricultural and the mechanic arts, which now are or may be hereafter established in accordance with an act of congress approved July 2nd, 1862, (wherein no distinction on account of race or color is made in the admission of students) and that said money shall "be applied only to instruction in agriculture, the mechanic arts, the English language and the various branches of mathematical, physical, natural and economic science, with special reference to their applications in the industries of life and to the facilities for such instruction," AND WHEREAS, it is provided by said act of congress that "no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings," and that if said moneys be diminished or lost they shall be replaced by the state or territory to which they belong; and that the grants of money authorized by said act of Congress are made subject to the legislative assent of the several states and territories to the purpose of said grants (or upon the assent of the governor thereof during the recess of the legislature). AND WHEREAS, it is provided by said act of Congress that the moneys thereby appropriated shall be paid from time to time to the state or territorial treasurer, or other officer who may be designated by law to receive the same, who shall, upon the order of the trustees of the college described in said act, immediately pay the same over to the treasurer of the educational institution entitled to receive the same; AND WHEREAS, the college of agriculture and the mechanic arts (now designated by law as the Industrial College) of the University of Nebraska, is the college now existing in this state, organized under the provisions of the act of Congress of 1862, and thereby entitled to receive the moneys appropriated by the said act of Congress of August 30th, 1890; AND WHEREAS, the treasurer of the state of Nebraska has received the sum of fifteen thousand dollars ($15,000), the first installment of money appropriated under the said act of Congress last named, in pursuance of the assent of the governor, therefore;

Be it enacted by the Legislature of the State of Nebraska:

5241 [Assent given.] That full and complete acceptance, ratification and assent is hereby made and given by the state of Nebraska, to all and every one of the grants, purposes, terms and conditions set forth in an act of the Congress of the United States, approved August 30th, 1890, entitled, "An act to apply a portion of

SECS. 33-35. "An act assenting on behalf of the state of Nebraska, to the grants, purposes, terms and conditions of an act of the Congress of the United States, approved August 30, 1890, entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agricultural and the mechanic arts established under the provisions of an act of Congress, approved July 2nd, 1862, and to carry into effect the said act of Congress in the State of Nebraska." Laws, 1891, chap. 52. Took effect March 19, 1891.

the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress approved July 2nd, 1862." [1891, chap. 52.]

5242 SEC. 34. [Appropriation.] That all moneys that now are or may hereafter be received by the state treasurer or other state officer, in pursuance and by virtue of the said act of Congress, are hereby specifically appropriated and set apart solely for the more complete endowment, support and maintenance of the college for the benefit of agriculture and the mechanic arts now existing in this state under the provisions of an act of Congress approved July 2nd, 1862, and desig nated by law as the Industrial College of the University of Nebraska; and all of said moneys shall be immediately paid over by said treasurer to the authorities of said college, hereinafter designated, without further warrant or authority than is contained herein. [Id., § 2.]

5243 SEC. 35. [Trustees-Treasurer-Powers.] That for all intents and purposes of this act and of the said act of Congress, and to carry the latter into full effect in this state, the Board of Regents of the University of Nebraska shall be "the trustees of the college" described in the said act of Congress approved August 30th, 1890, and referred to in the title of this act, and such fiscal officer as the said Board of Regents may name and designate and appoint to receive and disburse said moneys under their orders, shall, for all intents and purposes of this act and of the said act of Congress last mentioned, be the "treasurer" of the said college, and to this officer the state treasurer shall immediately pay over, upon the order of the said board of regents, all moneys which are now in his hands, or which may be hereafter received by virtue of the said act of Congress for the use and benefit of said college. The said Board of Regents are hereby authorized and empowered to make such orders and regulations for the security, control, management and disbursement of the said moneys as to them shall seem wise and proper and for the best interests of the college. [Id., § 3.]

5244 SEC. 36. [Morrill fund-Application.] That all moneys that may be received by the state treasurer, or other state officer, in pursuance and by virtue of an act of the congress of the United States, approved August 30, 1890, entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of Agriculture and the Mechanic arts, established under the provisions of an Act of Congress approved July 2, 1862" shall be immediately, upon the receipt thereof, paid over by said treasurer, or other officer, to the officer authorized to receive the same, by the board of regents of the University of Nebraska, without further warrant or authority than is herein contained: in accordance with an act of the legislature of the state of Nebraska approved March 19, 1891. [Laws, 1897, chap. 77.]

SEC. 36. "An Act to direct the application and payment of certain moneys received by the state treasurer an nually, under an Act of Congress approved August 30, 1890, commonly known as the Morrill Fund,' in aid of the Industrial College of the University of Nebraska." Took effect April 2, 1897. Laws, 1897, chap. 77.

CHAPTER 88.-STATUTES.

5245 SECTION 1. [Take effect, when.] That every act passed by the legislature which contains no provisions as to the time when it shall take effect, shall take effect and become a law from and after the first of next June. [G. S., 1056.]

5246 SEC. 2. [Repeal-Effect on actions.] Whenever a statute shall be repealed, such repeal shall in no manner affect pending actions founded thereon, nor causes of actions not in suit that accrued prior to any such repeal, except as may be provided in such repealing statute.

5247 SEC. 3. [Repeal - Revivor of former laws.] Whenever a law shall be repealed, which repealed a former law, the former law shall not thereby be revived unless specially provided for.

CHAP. 88. "An act concerning the enacting and repealing of statutes." Chap. 79, G. S., 1056. Took effect Feb. 21, 1873. See chap. 95, post, for REVISED and COMPILED Statutes. See sec. 24, art. III, Constitution. See 7 Neb., 125. 8 Id., 148. 45 Id., 176. Deficiency judgment law. 59 Id., 677.

CHAPTER 89.-SWAMP LANDS.

ARTICLE I.-DRAINAGE BY COUNTY AUTHORITIES.

5248 SECTION 1. [Power of county board over ditches.] The board of commissioners of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered, or deepened any ditch, drain, or water course, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corporate road or railroad, and will be conducive to the public health, convenience, or welfare. [1881, § 1, chap. 51.]

5249 SEC. 2. ["Ditch" defined - Outlet.] The word "ditch" as used in the act, shall be held to include a drain or water course. The petition for any such improvement shall be held to include any side lateral spur or branch ditch, drain, or water course necessary to secure the object of the improvement, whether the same is mentioned therein or not; but no improvement shall be located unless a sufficient outlet is provided.

5250 SEC. 3. [Public road or railroad improved.] When the proposed improvement will drain the whole, or any part of any public or corporate road or railroad, or will so benefit any such road that the traveled track or road bed thereof will be improved by its construction, there shall be apportioned to the county, if the road is a state or county road, or to the corporation, if a corporate road or railroad, a proper share of the costs and expenses thereof, as hereinafter provided.

5251 SEC. 4. [Petition-Bond.] A petition for any such improvement shall be made to the board of commissioners of the county, signed by one or more owners of lots or lands which will be benefited thereby, which said petition shall be filed with the county clerk, and shall set forth the necessity of the proposed improvement, and describe the route and termini thereof with reasonable certainty, and shall be accompanied by a good and sufficient bond signed by two or more sureties, to be approved by the county clerk conditioned for the payment of all costs that may occur in case said board of county commissioners find against such improvement.

5252 SEC. 5. [Survey-Determination.] The county clerk shall deliver a copy of said petition to the board of county commissioners, at their next meeting, who shall thereupon take to their assistance a competent surveyor or engineer, if in their opinion his services are necessary, and at once proceed to view the line of the proposed improvement, and determine by actual view of the premises along and in the vicinity thereof, whether the improvement is necessary, or will be conducive to the public health, convenience, or welfare, and whether the line described is the best route, and they shall report their finding in writing, and order the clerk to enter the same on their journal.

5253 SEC. 6. [Route changed.] If the commissioners, upon actual view, find that the route proposed is not such as to best effect the object sought, they shall change the same and establish the route and determine the dimensions of the proposed improvements; Provided, Any change so made shall not in any case exceed one hundred and sixty rods from the route described in the petition.

5254 SEC. 7. [Surveyor - Plat-Estimate-Report.] If the board of commissioners find for the improvement they shall cause to be entered on their jour

CHAP. 89, ART. 1. "An act to provide for draining marsh or swamp lands in the state of Nebraska." Ap proved Feb. 18. Took effect June 1, 1851. Mandamus to compe, board to act must be on relation of person specially interested. 51 Neb., 232. Constitutional. Dodge Co. v. Acom. Feb. 20. 1901.

SECS. 4, 7. 8.

Jurisdictional facts stated. 22 Neb., 487. 31 Id., 668. 51 id.. 28. See also 16 Id., 269. Bond failing to comply with provisions of sec. 4 void, and confers no jurisdiction. 59 Id., 624.

nal an order directing the county surveyor, or an engineer, to go upon the line described in said petition or as changed by them in accordance with section six, and survey and level the same and set a stake at every hundred feet, numbering down stream; note the intersection of section lines, road crossings, boundary lines, precinct, and county lines and make a report, profile, and plat of the same, and estimate the number of cubic yards for each working section as hereinafter provided.

5255 SEC. 8. [Schedule of lands benefited-Estimate of construction.] The commissioners shall also by their order direct the surveyor or engineer to make and return a schedule of all lots, lands, public or corporate roads or railroads that will be benefited by the proposed improvement, whether the same are abutting upon the line of the proposed improvement or not, and an apportionment of a number of lineal feet and cubic yards to each lot, tract of land, road, or railroad, according to the benefits which will result to each from the improvement, and an estimate of the cost of location and construction to each, and a specification of the manner in which the improvement shall be made and completed.

5256 SEC. 9. [Plat and report-Contents.] The plat provided for in section seven shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvement, and shall show the boundary lines of each lot, or tract of land, and of each road or railroad to be benefited thereby, the name of the owner of each lot or tract of land as it then appears on the tax duplicate, the authority or company having in charge or controlling each public or corporate road or railroad, the distance in feet through each tract or parcel of land and such other matters as the surveyor or engineer deems material. The profile shall show the surface, the grade line, and the gradient fixed, and the surveyor or engineer shall file his report with the county clerk within thirty days after making the survey and level.

5257 SEC. 10. [Notice of hearing.] Upon the filing of the report of a surveyor or engineer, the county clerk shall, without delay, fix a day for the hearing of the same, which shall not be more than forty days from the time of the filing of said report, and shall prepare a notice in writing, directed to the resident lot or land owners, and to the authorities or municipal or private corporations affected by the improvement, setting forth the pendency, substance, and prayer of said petition, together with a tabular statement of the apportionment as made by the surveyor or engineer in his report, and shall deliver the same to the sheriff, who shall serve a copy of the same upon each resident lot or land owner, and each member of such public board or authority, and upon an officer or agent of such private corporation, at least ten days before the time fixed for said hearing; Provided, Said copies need contain only so much of the original notice as affects the interests of the person so served; and the county clerk shall in like manner notify each non-resident lot or land owner, or by publication in a newspaper printed and of general circulation in the county, for at least three consecutive weeks before the day set for the hearing, which said notice shall be verified in the manner now provided by law for the verification of notices by publication.

5258 SEC. 11. [Hearing.] The county commissioners shall meet at the office of the county clerk on the day fixed for the hearing, and shall first determine whether the requisite notice has been given. If they find that due notice has not been given, they shall continue the hearing to a day to be fixed by them, and order the notices to be served as herein before provided, and when they find that due notice has been given, they shall examine the report of the surveyor or engineer, and the apportionment made by him, and if it is in all respects fair and just, according to benefits, they shall approve and confirm the same; but if they find said apportion