estate shall revert and escheat to the state of Nebraska, as provided in this act; Provided, further, That the provisions of this act shall not apply to the real estate necessary for the construction and operation of railroads; And provided, further, That nothing in this act shall be construed to prohibit any non-resident alien or foreign corporation from purchasing and acquiring title to so much real estate as shall be necessary for the purpose of erecting and maintaining manufacturing establishments; And provided further, That the provisions of this act shall not apply to any real estate lying within the corporate limits of cities and towns. [Id., § 4.]

4164a SEC. 74. [Contracts with brokers and agents.] Every contract for the sale of lands, between the owner thereof, and any Broker or Agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the Broker or Agent, and such contract shall describe the land to be sold, and set forth the compensation to be allowed by the owner in case of sale by the Broker or Agent. [Laws, 1897, chap. 57.]

SEC. 74. "An act to provide for the making of contracts in writing between owners of land and brokers of agents employed to sell fands." Passed and took effect April 12, 1897. Laws, 1897, chap. 57.

CHAPTER 73a.-REBATE VOUCHERS.

4165 SECTION 1. [Rebates-Deposits-Contracts void.] That all incorporated companies, trusts, and associations, firms, or individuals doing business within this state which issue rebate vouchers or certificates or make any promises, verbal or in writing, to allow within a specified time a reduction in the price charged upon the condition of the sale, shall deposit in such trust company or companies, or such bank or banks in the state of Nebraska, as shall from time to time be appointed and designated by the state auditor under his hand and seal, such sum or sums of money as shall be equal in amount to such rebate vouchers or certificates issued, or promises made as aforesaid upon or derived from the business done in this state by such incorporated companies, trust and associations, firms, or individuals as security for the payment of all such rebate vouchers, certificates, or promises, and all sales made or contracts formed by or with any such companies, trusts and associations, firms, or individuals, shall not be lawful and binding upon the citizens of this state, unless such companies, trusts and associations, firms, or individuals, shall have complied with the provisions of this act. [Laws, 1893, chap. 25, § 1.]

4166 SEC. 2. [Rebate vouchers-Certification-Lien-Transfer.] It shall be the duty of the proper officers of the company or companies, bank or banks holding such deposited sum or sums for the security and payment of such rebate vouchers, certificates, or promises, to properly and officially certify all such rebate vouchers, certificates, or promises, if made in writing, on presentation, and the same shall thereupon become a legal lien upon all such sum or sums so deposited and held by such trust company or companies, bank or banks as herein provided. And all such rebate vouchers, certificates, or promises, if made in writing, shall also be transferable at the option of the payee by endorsement thereon by the payee and subsequent endorsees, and when due shall be payable by such depository upon presentment by the person legally entitled thereto. [Id., § 2.]

4167 SEC. 3. [Notices.] It shall be the duty of all incorporated companies, trusts and associations, firms, or individuals doing business in this state as provided in section one (1) of this act, to notify the state auditor on the fifth day of each month, or if that day be a Sunday or a legal holiday, on the day following, of the number and amount of all rebate vouchers or certificates issued by them or promises made by them as herein before described upon their business done in this state within the preceding month, and the said auditor within ten days thereafter, shall notify and direct such incorporated companies, trusts and associations, firms, or indi viduals, to deposit within ten days after the date of such notice or direction in such trust company or companies, bank or banks as shall be appointed and designated by said auditor, such sum or sums as shall be equal in amount to all such rebate Vouchers or certificates so issued, or promises made by them as herein provided to secure the payment of the same. [Id., § 3.]

4168 SEC. 4. [Depositories.] Within twenty days after this act shall take effect the auditor of the state shall designate and appoint such good and reliable trust company or companies or such good and reliable bank or banks in the state of Nebraska, as depositories of such sum or sums as are herein provided, as shall agree to pay the largest amount of interest upon such sum or sums as they may receive on deposit to secure the payment of the rebate vouchers or certificates issued or promises

CHAP. 73a. "An act to provide for the security and payment of rebate vouchers, or certificates issued by in corporated companies, trusts, associations. firms and individuals, and to provide a penalty for the violation of this act." Laws, 1893, chap. 25. Took effect April 6, 1893.

made by such incorporated company or companies, trusts or associations, firms or individuals, such interest to be paid to the incorporated company or companies, trusts or associations, firms or individuals, depositing such sum or sums as provided for in this act. [Id., § 4.]

4169 SEC. 5. [Violation of act-Penalty.] Any incorporate company, trust, association, firm, or individual, who shall violate any provision of this act, shall forfeit all right to transact or do business in this state, and any officer, or agent, servant, or other employe of any such incorporated company, trust or association, firm, or individual, who shall represent or attempt to transact or to do business in this state after such incorporated company, trust, or association, firm, or individual, has violated any provision of this act, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand ($1,000) dollars, nor more than five thousand ($5,000) dollars, and by imprisonment in the penitentiary for not less than one year nor more than two years, or by both such fine and imprisonment. And any citizen or inhabitant of this state, who shall knowingly make a sale or enter into a contract with any such company, trust or association, firm or individual who have failed to comply with the provisions of this act, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars, and by imprisonment in the penitentiary for not less than one year, nor more than two years, or by both such fine and imprisonment. [Id., § 5.]

CHAPTER 74.-RECORDS.

4170 SECTION 1. [Public records-Examination.] All citizens of this state, and all other persons interested in the examination of the public records, are hereby fully empowered and authorized to examine the same, free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business. [R. S., 297. G. S., 883.]

CHAP. 74. Being chap. XLIV, R. S., 297. Chap. 62, G. S. Fee book is a public record. 19 Neb., 107. Stenog rapher's report of trial is a public record. 19 Neb., 347. Numerical index is a public record. 17 Neb., 176. Justice's dockets are public records. State v. Ellsworth, Mch. 6, 1901.

CHAPTER 75.-REFORM SCHOOL.

ARTICLE I.-BOYS' INDUSTRIAL SCHOOL.

4171 SECTION 1. [Title-Location.] That the "state industrial school" for juvenile offenders, now located near Kearney, in the county of Buffalo, is hereby recognized and continued as a school for the retention, education, discipline, industrial training, and reformation of male juvenile offenders. [1887, chap. 74. Amended 1901, chap. 51.]

4172 SEC. 2. (Officers.) The governor shall appoint a superintendent, who shall before entering upon the discharge of his office, give a bond to the state of Nebraska in the sum of two thousand dollars with sureties, satisfactory to the governor, conditioned for the faithful discharge of his duties. The superintendent may be removed by the governor for neglect of duty, improper conduct, malfeasance in office, incompetency, or whenever the best interests of the institution will be subserved thereby. The governor shall, on the recommendation of the superintendent, appoint an assistant superintendent who may be removed by the superintendent. All other officers and teachers shall be appointed by the superintendent with the advice and consent of the governor, and such officers and teachers may be removed by the superintendent whenever the best interest of the institution is subserved thereby. The superintendent shall conduct such institution under rules and regulations prescribed by the board of public lands and buildings, and said board shall have power to fix the salaries of officers and teachers and the wages of employes when not prescribed by statute. [Amended 1897, chap. 57; 1899, chap. 55. İd., § 2.]

4173 SEC. 3. (Instruction.) The boys committed to the school shall be instructed in the principles of morality and in such useful branches of knowledge as are taught in the public schools of the state. They shall also be instructed in the principles of the mechanical arts and such practical trades as are best suited to their age, strength, and capacity, and best adapted to secure them a livelihood after leaving the school. [Id., § 3.]

4174 SEC. 4. (Superintendent-Duties.) The superintendent shall have the control and the management of the school, subject, however, to the rules and regulations established by the board. At the close of each month he shall present to said board a written report showing the general condition of the school, the number of inmates in attendance, the number of commitments and tickets of leave granted, and such other information, together with such suggestions and recommendations as may subserve the best interests of the school. He shall have charge of all the property belonging to the institution, and shall keep an account of all monthly

CHAP. 75. As amended, Laws, 1887, chap. 74. Took effect March 31, 1887. The title of this chapter of the laws of 1887 reads as follows: "An act to amend section one (1) of an act approved February 27, 1879, entitled 'An act to locate the Nebraska State Reform School for juvenile offenders' and to amend chapter seventy-five (75) of the Compiled Statutes of Nebraska, entitled 'Reform Schools' and to repeal said original section." There are two sections numbered 1, of this chapter. The first reads as follows:

SECTION 1. That section one of an act approved February 27, 1879, entitled "An act to locate the Nebraska State Reform School for juvenile offenders, and to create a Reform School fund for the purpose of defraying the expenses of said institution," be and the same is hereby amended to read as follows:

SEC. I. There shall be established in the state an institution under the name and style of the "Nebraska State Industrial School for juvenile offenders," also that chapter seventy-five of the Compiled Statutes of Ne braska, entitled "Reform Schools," be and the same is hereby amended to read as follows: (Then follow the amendments to chapter seventy-five as herein printed.)

It was, evidently, the intention of the legislature to change the title of this school, so that it might be called "An Industrial School "instead of "Reform School," but inasmuch as the first section of the act seeks to amend the first section of a prior act passed in 1879, which was repealed by an act passed in 1881 (Laws, 1881. chap. 69), it would seem that the attempted legislation relative to the title of said school had not been perfected by the act of 1887. Persons over 18 years sentenced to school releasable on habeas corpus, Quære. 35 Neb., 500.

Chapter further amended, Laws, 1901, chap. 51, to cure provisions of act declared unconstitutional by Scott

v. Flowers, April 10, 1901, and other supposed defects. Took effect June 28, 1901.