CHAPTER 22.-DEAF AND DUMB, AND BLIND INSTITUTES.

2505 SECTION 1. [Purposes of institutes.] That the purpose of the Intitute for the Deaf and Dumb, now established and located at Omaha, in Douglas County, and of the Institute for the Bliud, now established and located at Nebraska City, in Otoe County, shall be the physical, moral and intellectual culture and training of the respective classes for whose benefit each institution was created, to the end that the pupils in each institution may be returned to society capable of becoming self-sustaining and useful citizens. [Laws, 1897. chap. 26, § 1.]

2506 SEC. 2. [Trustees-Appointment.] That as soon as practicable after the passage of this act the Governor shall appoint three persons who shall constitute and be a Board of Trustees for the government and management of the Institute for the Deaf and Dumb at Omaha, and the Institute for the Blind at Nebraska City. The said trustees shall be appointed to serve as follows, one for three years, one for two years, and one for one year, and yearly thereafter the Governor shall appoint a person to serve as Trustee for three years. Vacancies occurring in the Board by resignation, death, removal from the state or otherwise, shall be filled by the Governor for the unexpired term. Two of said Trustees shall constitute a quorum for the transaction of business. [Id., § 2.]

2507 SEC. 3. [Trustees-Officers.] The said Board of Tru-tees shall meet as soon as practicable after their appointment and organize by electing one of their number as President and another as Secretary. They shall have and exercise general supervision over each of the institutions named in Section 1 of this act, and shall adopt rules for the government thereof. On the nomination of the Superintendent of each of the Institutions named in this act the Board of Trustees shall appoint as officers a steward and bookkeeper, who shall be the same person, and a matron. The board shall fix the salaries of the said officers at a just and equitable amount for the services rendered. On the nomination of the Superintendent of each of the said institutions the Board of Trustees shall appoint teachers and employes and fix the salaries or wages of the same. On the nomination of the Superintendent of each of said Institutions the said Board shall appoint a physician to each of the said Institutions and shall fix his compensation at a fair and equitable amount; Provided, That in no event shall the total amount of expenses of each of the Institutions exceed the total amount of the appropriations therefor. [Id., § 3.]

2508 SEC. 4. [Same-Interest in contracts.] No trustee, officer or agent of either institution shall be interested in any contract relating directly or indirectly to the business of either institution, nor in the changing or exchanging of commodities of any kind whatever, nor shall any trustee be employed in or appointed to any office or place of emolument in said Institutions. [Id., § 4.]

2519 SEC. 5. [Indebtedness-Limitation.] The Board of Trustees shall not create any indebtedness against either institution named in this act exceeding the amount appropriated by the legislature for the support thereof.

2510 SEC. 6. [Trustees-Meetings.] The said Board of Trustees shall hold quarterly meetings at each of the said Institutions, when they shall examine the accounts and expenditures for the quarter last past, and inspect the work being done in the different departments that they may judge of the efficiency of the service being rendered by the officers, teachers and employes. [Id., § 6.]

2511 SEC. 7. [Current expenses-Claims.] All current expenses incurred for the maintenance of the respective Institutions, except salaries of officers, teachers and employes, shall be contracted for by the steward and bookkeeper, sub

CHAP. 22. "An Act defining the purpose, and prov ding for the government and maintenance of the Institute for the Deaf and Dumb, and for the Institute for the Blind, and to repeal an act entitled 'An Act to provide for the government of the Institute for the Deaf and Dumb and other purposes,' approved February 23rd, 1875; and also to repeal an act entitled 'An Act to erect and maintain an Institution for the Blind,' approved February 19, 1875." Passed and took effect April 12, 1897. For history of the struggles for control of these institutions, see 49 Neb., 184, 6 Id., 286, 18 Id., 340.

ject to the approval of the superintendent. All claims against either of said Institutions shall be itemized on vouchers prepared therefor and duly sworn to, and the same when approved by the respective Superintendents, and the President of the Board of Trustees shall authorize the state auditor to draw his warrant upon the proper fund in the state treasury for the amount of such claim. [Id., § 7.]‍

2512 SEC. 8. [Graduate students-Certificates.] The said Board of Trustees may grant certificates of character and proficiency to those students who shall complete satisfactorily to the Superintendent and teachers of the respective Institutions the courses of instruction and training that may be established therein. [Id., § 8]

2513 SEC. 9. [Trustees-Compensation.] The said Trustees shall each be paid his traveling and personal expenses, going to and returning from meetings of said board; payment to be made out of the funds that shall be appropriated by the legislature for the maintenance of the respective Institutions, and in the manner prescribed in section 7 of this act. Such trustees shall receive no other compensation than herein provided for. [Id., § 9.]

2513a SEC. 10. [Superintendent.] The chief executive officer of each of the institutions named in this act shall be a Superintendent, who shall be appointed by the Governor. His salary shall be fixed by the legislature. He shall be an experienced educator. He shall give bonds in the sum of Ten Thousand ($10,000.00) Dollars as the custodian of the state's property under his care and for the faithful and efficient discharge of his duty. He shall prescribe the courses of study and training for each of the departments, the rules and regulations relating to officers, teachers, pupils, and employes, all subject to the approval of the Board of Trustees. [Id., § 10.]

2513b SEC. 11. [Steward and book-keeper's bond.] The steward and bookkeeper shall give bonds in the sum of Five Thousand ($5,000.00) dollars for the faithful and efficient discharge of his duties. [Id., § 11.]

2513c SEC. 12. [Reports by superintendent and board.] The Superintendent shall make a biennial report to the Board of Trustees of the educational work and condition of their respective institutions, with such recommendations as shall seem to them necessary to secure the greatest efficiency of the service in each. Ten days before the meeting of each regular session of the legislature the said Board of Trustees shall furnish the Governor a report of the action of the Board, and an estimate of the expenses of each Institution under their care in all their departments for the next biennium, together with a statement of the receipts and disbursements of funds. The said reports shall show: First, The names of the Board of Trustees, the president, and secretary of the said Board; the names of the Superintendent, officers, teachers, and employes, with the compensation allowed each. Second, The names, age, residence and nativity of the pupils, and the date of their admission into the Institution. Third, The names, residence and occupation of those who have graduated from the respective Institutions, and whether they are wholly, or only in part, self-sustaining. Fourth, The report of the Institute for the Deaf and Dumb shall contain the name, age, residence, and post-office address of all deaf mutes ascertained to be in the State and who are of suitable age and capacity to enter the said institution; and the report of the Institution for the Blind shall contain the names, age, residence and post-office address of all blind persons of suitable age and capacity to enter the said institution, ascertained to be in the state. [Id., § 12.]

2513d SEC. 13. [Report by county superintendent.] Each County Superintendent of common schools shall report to the Superintendent of the Institute for the Deaf and Dumb, on the first day of April of each year the name, age, residence and post-office address of every person between the ages of six and twentyone years, who is deaf and dumb and who resides in the county of which he is Superintendent. He shall also report on the same date to the Superintendent of the In

stitution for the Blind the name, age, residence and post-office address of every blind person and of every person blind to such an extent as to be unable to acquire an education in the common schools and who resides in the county in which he is Superintendent. [Id., § 13]

2513d SEC. 14. [Blind inmates-Qualifications.] All blind persons and those blind to such an extent that they cannot acquire an education in the common schools of the state, and who are of suitable age and capacity and of good moral character shall be entitled to an education in the Institution for the Blind without charge. [Id., § 14.]

2513e SEC. 15. [Deaf inmates-Qualifications.]

All the deaf, and dumb residents of this state, and those deaf to such an extent that they cannot acquire an education in the common schools of the state, of suitable age and capacity and of good moral character shall be entitled to an education in the Institute for the Deaf and Dumb without charge. [Id., § 15.]

2513f SEC. 16. [Clothing, transportation, vacation, subsistence of pupils. On admission of a pupil to either of the Institutions named in this act, the parents or guardians shall furnish suitable clothing for said pupil, shall pay his transportation to and from the institution entered, and shall support said pupil durthe summer vacation.

2513g SEC. 17. [Same-Indigent pupils.] Whenever any pupil in either of the said institutions named in this act, is not otherwise supplied with necessary clothing or with the means to pay his transportation home at the close of the school term he shall be supplied by the Superintendent of such Institution with the necessary clothing and means of transportation, and the Superintendent shall make out an account of the cost thereof against the parent or guardian, if the pupil be a minor, and against the pupil if he or she have no parent or guardian, or have at tained the age of majority, which account shall be certified to be correct by the said Superintendent, and when so certified such account shall be presumed correct in all courts. The Superintendent shall thereupon remit said account to the treasurer of the county from which the pupil so supplied shall have come to the said institution. Such treasurer shall proceed at once to collect the same by suit in the name of his County, if necessary, and pay the same to the said Superintendent of the Institution who furnished the said supplies; Provided, If it shall appear that the parent or guardian is unable to pay said account, and that such pupil is a pauper, as contemplated in Section 24, Chapter 67, of the Compiled Statutes of Nebraska of 1895, then such account shall be paid from the county general fund as therein provided. [Id., § 17.]

2513h SEC. 18. [Non-resident inmates.] Persons not residents of the State may avail themselves of the benefits of the Institution named in this act, by complying with the conditions of admission for citizens of this state and paying to the Superintendent thereof a sum fixed by the Board of Trustees, in advance. [Id., § 18.]

25131 SEC. 19. [Physician-Duties.] The physician to each of the Institutions named in this act shall act as a physician and surgeon in all cases in which his services are needed. He shall visit the Institution daily during the sessions of the school and at other times as he may be needed. He shall watch the sanitary condition of the buildings and premises and notify the Superintendent of defects. He shall keep an account of all cases treated in the institution and the date thereof. He shall make a report to the Board of Trustees which shall set forth the sanitary conditions of the institution during his term of service. This report shall be included as a part of the report of the Trustees to the Governor. [Id., § 19.]

any

2513j SEC. 20. [Acts repealed.] An Act entitled "An Act to provide for the government for the Institute for the Deaf and Dumb and for other purposes," approved February 23, 1875, and an Act entitled "An Act to erect and maintain an Institution for the Blind," approved February 19th, 1875, are hereby repealed. [Id., § 20.]

CHAPTER 23.-DECEDENTS.

2514 SECTION 1. [Dower.] The widow of every deceased person shall be entitled to dower or the use, during her natural life, of one-third part of all the lands whereof her husband was seized, of all estate of inheritance at any time during the marriage, unless she is lawfully barred thereof.

2515 SEC. 2. [Same.] If a husband seized of an estate of inheritance in lands exchange them for other lands, his widow shall not have a dower of both, but shall have her election to be endowed of the lands given, or of those taken in exchange; and if such election be not evinced by commencement of proceedings to recover her dower of the lands given in exchange, within one year of the death of her husband, she shall be deemed to have elected to have taken her dower of the lands received in exchange.

2516 SEC. 3. [Mortgaged lands.] When a person seized of any estate of inheritance shall have executed a mortgage of such estate before marriage, his widow shall be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.

2517 SEC. 4. [Same.] Where a husband shall purchase lands during coveture and shall at the same time mortgage his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or those claiming under him, although she shall not have united in such mortgage, but she shall be entitled to dower as against all

other persons.

2518 SEC. 5. [Same.] When, in either of the cases mentioned in the two preceding sections, the mortgagee, or those claiming under him, shall, after the death of the husband, cause the mortgaged premises to be sold by virtue of such mortgage, and any surplus shall remain after payment of the moneys due thereon, and the costs and charges of the sale, such widow shall be entitled to the interest or income of one-third part of such surplus, for her life, as dower.

2519 SEC. 6. [Same.] If in either of the cases above specified the heir or other person claiming under the husband shall pay and satisfy the mortgage, the amount so paid shall be deducted from the value of the land, and the widow shall have set out to her, for her dower in the mortgaged lands, the value of one-third of the residue after such deduction.

2520 SEC. 7. [Lands aliened by husband.] When a widow shall be entitled to dower out of any lands which shall have been aliened by the husband in his lifetime, and such lands shall have been enhanced in value after the alienation, such lands shall be estimated in setting out the widow's dower, according to their value at the time when they were so aliened.

2521 SEC. 8. [Land in several counties.] When a widow is entitled to dower in the lands of which her husband died siezed, and her right to dower is not disputed by the heirs or devisees, or any person claiming under them or either of them, it may be assigned to her in whatever counties the lands may lie, by the judge of probate for the county in which the estate of the husband is settled, upon the application of the widow, or any other person interested in the lands; notice of CHAP. 23. Chapter XIV, R. S., 56. Chap. 17, G. S., 276. Amendment made by Laws, 1889, chap. 57, unconstitutional. 37 Neb., 240. 58 Id., 57. See secs. 29a. 296. SEC. 1. Dower interest insufficient to authorize partition. 20 Neb., 181. No dower in school land contract. 38 Id., 107. Wife has dower in land of husband sold on execution. 48 Id., 192. Dower not incumbered with unsecured debts of intestate. 53 Id., 375. Instrument testamentary in character before marriage does not bar dower. 55 Id., 729.

SEC. 7. Lands of husband sold on execution is "land aliened by husband" "Enhanced in value" means appreciation by reason of improvements put thereon by alienee. Estimation of value. 43 Id., 192.

SEC. 8. County court may assign dower. 18 Neb., 103. Disputed right established by district court. 52 Id., 287.

which application shall be given to such heirs, devisees, or other persons, in such manner as the judge of probate shall direct. For the purpose of assigning such dow er, the judge of probate shall issue his warrant to three discreet and disinterested persons, authorizing and requiring them to set off the dower by meets and bounds, when it can be done without injury to the whole estate.

2522 SEC. 9. [Setting off dower.] The commissioners shall be sworn before a judge or justice of the peace, to the faithful discharge of their duties, and shall, as soon as may be, set off the dower according to the command of such warrant, and make return of their doings with an account of their charges and expeuses, in writing, to the probate court; and the same being accepted and recorded, and an attested copy thereof filed in the office of the register of deeds of the county where the lands are situated, the dower shall remain fixed and certain, unless such confirmation be set aside or reversed on appeal; and one-half the costs of such proceedings shall be paid by the widow, and one-half by the adverse party.

2523 SEC. 10. [Where estate cannot be divided.] When the estate out of which dower is to be assigned consists of a mill or other tenements, which cannot be divided without damage to the whole, and in all cases where the estate cannot be divided by metes and bounds, the dower may be assigned of the rents, issues, and profits to be had and received by the widow as a tenant in common with the owners of the estate.

2524 SEC. 11. [Widow may occupy.] When a widow is entitled to dower in the lands of which her husband died seized, she may continue to occupy the same with the children or other heirs of the deceased, or may receive one-third part of the rents, issues, and profits thereof, so long as the heirs or others interested do not object, without having the dower assigned.

2525 SEC. 12. [How right of dower may be barred.] A married woman residing within this state may bar her right of dower in any estate conveyed by her husband, or by his guardian if he be a minor, by joining in a deed of conveyance, and acknowledging the same as pre-cribed by law, or by joining with her husband in a subsequent deed acknowledged in like manner.

2526 SEC. 13. [Dower may be barred by jointure.] A woman may also be barred of her dower in all the lands of her husband by a jointure settled on her, with her assent, before the marriage, provided such jointure consists of a freehold estate in lands for the life of the wife at least, to take effect, in possession or profit, immediately on the death of the husband.

2527 SEC. 14. [How assent to be expressed.] Such assent shall be expressed, if the woman be of full age, by her becoming a party to the conveyance by which it is settled, and if she be under age, by her joining with her father or guardian in such conveyance.

2528 SEC. 15. [Provision in lieu of dower.] Any pecuniary provision that shall be made for the benefit of an intended wife, and in lieu of dower, shall, if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband.

2529 SEC. 16. [Wife to elect whether to take dower or jointure.] If any such jointure or pecuniary provision be made before marriage, and without the assent of the intended wife, or if it be made after marriage, she shall make her election before the death of her husband, whether she will take such jointure or pe cuniary provision, or be endowed of the lands of her husband; but she shall not be entitled to both.

2530 SEC. 17. [Wife to elect between dower and husband's will.] If any lands be devised to a woman, or other provisions be made for her in the will SECS. 12-18. Provisions barring dower exclusive. 54 Neb., 694.

SEC. 3. Cited 17 Neb., 379.