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CHAPTER 93.-WARRANTS.

5422 SECTION 1. [Warrants paid in order.] Warrants when Payable. All warrants upon the state treasurer, the treasurer of any county, city, school district, or other municpal corporation shall be paid in the order of their presentation therefor. [1871, § 1, 113. G. S., § 1, 891. Amended 1895, chap. 67, § 1.]

5423 SEC. 2. [Warrant register.] Warrant Register-The treasurer of this state, and the treasurer of every county, city, school district, or other municipal corporation, shall keep a warrant register, which register shall show in columns arranged for that purpose, the number, date, and amount of each warrant presented and registered as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed as hereinafter provided. [Amended 1891, chap. 56. 1895, chap. 67, § 2.]

5424 SEC. 3. [Warrant-Registration-Endorsement.] It shall be the duty of every such Treasurer upon the presentation of any warrant for payment, in the presence of such person, to enter such warrant in his warrant register for payment in the order of its presentation, and upon every warrant so presented and registered he shall endorse "registered for payment" with the date of such registration, and shall sign such endorsement; Provided, That all warrants outstanding at the time this act takes effect shall be presented for payment or registration by August first (1st), 1891, and shall not draw interest after such date unless so presented. [1871, § 3, 113. G. S., 891. Amended 1891, chap. 56.]

5425 SEC. 4. [Separate package for each warrant-Notice.] It shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for the payment of such warrant is received to the credit of the particular fund upon which the same is drawn, such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is registered, and interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of the mailing of such notice upon such sealed package.

5426 SEC. 5. [Treasurer's receipts for money paid.] The state treasurer shall make triplicate receipts, under the seal of his office, for all sums which shall be paid into the treasury, showing the amount paid in to the credit of each separate fund, in cash and in warrants separately, two of which receipts he shall deliver to the person making such payment, and the person making such payment shall deliver one of such receipts to the auditor who shall credit such person accordingly, and the treasurer shall retain one of said triplicates in his office.

5427 SEC. 6. [Receipts by county treasurer.] Every county treasurer shall make out triplicate receipts, for all sums which shall be paid into his office, which receipt shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate CHAP. 93. "An act to prescribe the duties of the state treasurers, of the treasurer of counties and of other municipal corporations in certain cases, and to enforce their performance. Laws, 1871, 115, Took effect May 1, Chap. 65. G. S., 891. Sec. 1. cited 10 Neb, 31. For interest on warrants see s c. 10, chap. 44. Treasurer cannot invest state funds in warrants. 41 Neb., 277. Municipal warrants are not negotiable instruments. 43 Id., 318. Recitals in warrants as notice. 59 Id., 483.

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fund, and whether the same was paid in cash or in warrants, county or road orders, or supervisors receipts; one of which triplicates the treasurer shall deliver to the peason making such payment, and he shall within six days file with the county clerk, the third he shall retain in his office.

5428 SEC. 7. [Receipts by city treasurer.] The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid, in cash, in warrants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office.

5429 SEC. 8. [Treasurer's duties-Cash book-Register.] Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of each year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered he shall close the account for that year in such register, and shall carry forward the excess.

5430 SEC. 9. [Failure to keep books - Penalty.] Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or who shall fail to keep his cash book footed from day to day, as re quired by this act, for the space of three days, shall forfeit for each offense the sum of one hundred dollars, to be recovered in a civil action on his official bond, by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

5431 SEC. 10. [Inspection of books.] The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid.

5432 SEC. 11. [Failure to notify-Penalty.] Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent, on the amount of such warrant, and ten per cent. additional for every thirty days thereafter, during which such failure shall continue.

54 33 SEC. 12. [Failure to register or pay-Penalty.] Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

5434 SEC. 13. [Duplicate for lost warrant.] Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue war rants, that any warrant issued be him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original by the treasurer upon whom

SEC. 12. Treasurer not liable for penalty for failure to register prior to the expiration of ten days after war rant is issued. 28 Neb., 434. See sec. 33, art. 1, chap. 18.

the same is drawn, whether upon a genuine endorsement thereon or otherwise. [1875, § 1, 176.]

5435 SEC. 14. [Investment of sinking fund-Counties.] When any warrant issued by the proper authorities of any county, township, city, town, or school district shall have been presented for payment and the same is not paid for want of funds, it shall be lawful for, and is hereby made the duty of such treasurer upon and under the direction of the Board of County Commissioners, or Supervisors of such county to purchase and take up such registered warrants with sinking funds in his hands and to hold such warrant for the benefit of the fund so invested, till the same is paid in its order as provided by law. [1895, chap. 68, § 1.] 5436 SEC. 15. [Same.] The Board of County Commissioners, or Supervisors of any county in this state, is hereby authorized to provide for the purchase and taking up of registered warrants, as provided for in Section 1 of this act, out of the sinking funds in the hands of the county treasurer, whenever in the judgment of such County Board, the same shall be safe and expedient. Before so investing any sinking funds the County Board shall fix and prescribe, and enter of record general directions and authority to such county treasurer as to the funds to be so invested, specifying the funds to be so invested, the kind and amount of warrants to be so invested in, and in so doing shall, as far as the same may be practicable, continue to invest the sinking fund which shall last become due and payable, provided that not more than fifty per cent. of the money so collected on any given sinking fund shall be so invested in warrants at any given time, and provided further, that when practicable the warrants drawn by any given authority shall be provided for as above from the sinking funds belonging to the organization issuing such warrant, and of such provisions such County Board shall give the treasurer notice. [Id., § 2.]

5437 SEC. 16. [Same-Cities of.] The City Council of any incorporated city of this state may make similar provision for the taking up of warrants out of the sinking funds in the hands of the city treasurer of such city, provided, that the warrants to be so purchased shall be limited to those of its own issue, or to those of any School District situated mainly or wholly within the boundaries of such city, and upon notice given of such direction, it shall be the duty of such treasurer to so take up such warrants. [Id., § 3.]

5438 SEC. 17. [Same-School districts.] The School Board of any school district in this state is hereby authorized to direct the legal custodian of any of its sinking funds, to invest such sinking funds in the warrants of such school district, in like manner as herein before provided for, provided, that the investment of such school district sinking fund under this section, shall be limited to the warrants of its own issue, and upon such direction of the School Board, the custodian of such sinking funds shall proceed to take up the warrants of such school district as herein provided for. [Id., § 4.]

5439 SEC. 18. [Same-Townships.] "The township board in counties under township organization is hereby authorized and instructed to direct the county treasurer to invest the sinking fund of such township in the custody of the county treasurer in the warrants of such township, the investment of such sinking fund being likewise limited to warrants of its own issue as in the preceding sections, and upon an order of the township board properly signed by the supervisor and countersigned by the township clerk, the county treasurer shall invest such sinking fund for the benefit of such township as hereinbefore provided. [Id., § 5.]

SECS. 14-18. "An act to authorize the investment of sinking funds in the hands of the treasurer of any county in registered warrants issued by county, city, town, township, or school authorities of such county under direc tion of the County Board of Supervisors or County Commissioners, and to confer like authority on city and school district authorities." Took effect July 6, 1895. Laws, 1895, chap. 68.

5439a SEC. 19. [Investment sinking fund, county.] That the County Treasurer of any county, in which there is a Sinking Fund on hand in the treasury for the redemption of outstanding county, township, or school district bonds, when such Sinking Fund is not otherwise invested, shall have power, and is hereby authorized and directed to invest such fund in legally issued and duly registered warrants and in legally issued and duly registered county bonds of the county at face value of such warrants or county bonds in any amount he may deem advisable, not to exceed seventy-five per cent of such fund not herwise invested, and lying idle in the treasury. Provided that the time for payment of all such warrants or bonds so purchased shall be prior to the time when the sinking fund so invested should be in the hands of the treasurer for the purpose for which it was levied. All warrants or bonds so purchased shall be kept in the treasurer's office until paid by the respective funds on which they were drawn or issued, in their regular order of regis tration. [1897, chap. 83. Amended 1901, chap. 75. In effect April 1, 1901.]

SEC. 19. "An act anthorizing County treasurers to invest an amount not to exceed seventy-five per cent. of the Sinking Fund in their respective counties, in registered warrants of the county at their face value." Laws 1897, chap. 83. Took effect July 9, 1897. This act repealed all acts in conflict. Quære, did it affect secs. 14 and 15, supra

CHAPTER 93a.-WATER RIGHTS AND IRRIGATION.

ARTICLE I.-WATER RIGHTS.

5439b SECS. 1, 2. [Repealed. See sec. 68, art. II.]

5439c SEC. 2a. [Canals.] Any canal constructed for the purpose of developing water power or any other useful purpose, and for which water can be taken for irrigation, is hereby declared to be an irrigation canal, and all laws relating to irrigation canals shall be deemed applicable thereto. [Laws, 1893, chap. 40, § 2.]

5440 SEC. 3. [Crossing land-Consent of owner.] No tract of land shall be crossed by more than one ditch, canal, or lateral, without the written consent and agreement of the owner thereof, if the first ditch, canal, or lateral can be made to answer the purpose for which the second is desired or intended. [1889, chap. 68, § 3.]

SEC. 4. [Repealed. See sec. 68, art. II.]

5441 SEC. 5. [Extensions.] The person, company, or corporation entitled to the use may change the place of diversion if others are not injured by such change, and may extend the ditch, flume, or aqueduct by which the diversion is made to places beyond that where the first use was made. [Id., § 5.]

5442 SEC. 6. [Diversion.] The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream than that from which it is taken or appropriated, unless such stream exreeds in width one hundred (100) feet, in which event not more than seventy-five (75) per cent, of the regular flow shall be taken. [Id., § 6. Amended 1893, chap. 40, § 3.]

5443 SEC. 7. [Priority of rights.] As between appropriators the one first in time is first in right. [Id., § 7.]

SECS. 8-15. [Repealed. See sec. 68, art. II.]

5443a SEC. 16. [Wasting mutual artesian water.] That it shall be unlawful for any owner or owners, lessee or lessees, occupier or occupiers, foreman or superintendent of any farm, town lot or other real estate in the state of Nebraska where artesian water has been found or may be found hereafter, to allow the water from wells or other borrings or drillings on any farm, town lot, or other real estate in Nebraska to flow out and run to waste in any manner to exceed what will flow

CHAP. 93C, ART. I, SECS. 1-15. "An act to provide for water rights and irrigation, and to regulate the right to the use of water for agricultural and manufacturing purposes and to repeal sections 158 and 159 of chapter 16 of the Compiled Statutes of 1887, entitled 'Corporations.' Passed and took effect March 27, 1889. Laws, 1889, chap. 68. Act constitutional. Section 3 construed. Includes lands owned by corporations. 45 Neb., 884.

SEC. 2a. Sec. 2 of "An act to promote the development of water power for manufacturing and other indus trial purposes and to amend sections 2032, 2037 and 2059 of chapter 24 consolidated statutes of Nebraska 1891." Took effect March 31, 1893.

SECS. 16-18. "An act to prohibit the useless waste of mutual artesian water in the state of Nebraska." Laws, 1897, chap. 84. Took effect July 10, 1897.

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