ber of copies of the same above specified, on the issuance of said publications to the state librarian and the secretary of the Nebraska State Historical society respectively.

Approved April 7, 1893.

[House Roll No. 452.]

CHAPTER 36.

AN ACT To provide for the parole of prisoners, to place the power therefor in the Governor of the State, and defining the duties of the Governor and of officers in connection therewith.

Parole of

penitentiary.

Be it Enacted by the Legislature of the State of Nebraska: SECTION 1. That the governor shall have power prisoners from in the case of any prisoner, who is now, or hereafter may be, imprisoned in the state penitentiary under a sentence other than murder in the first or second degree, who may have served the minimum term provided by law for the crime for which he was convicted, (and who has not previously been convicted of felony and served a term in any penal institution within the United States of America), and in the case of any prisoner who is now or hereafter may be imprisoned under a sentence for murder in the first or second degree, and who has now, or hereafter shall have served twenty-five full years, to allow any such prisoner to go upon parole, outside of the enclosure of said penitentiary, to remain while on parole, within the state under the control and in the legal custody of the governor, and subject at any time to be taken back within Return of the enclosure of said institution; and full power to prisoners,

paroled

retake and re-imprison any convict so upon parole is hereby conferred upon the governor, whose writ-` ten order shall be a sufficient warrant, for all officers named therein, to authorize such officers to return to actual custody any conditionally released or paroled prisoner; and it is hereby made the duty of all officers to execute said order the same as any ordinary criminal process.

Approved April 10, A. D. 1893.

[House Roll No. 80.]

CHAPTER 37.

Professors in state univer

sity.

Duties.

AN ACT to enlarge and define the duties of cor'ain members of the
Faculty of the State University.

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

SECTION 1. That on and after the publication of this act the Professor of Botany at the State University shall be ex-officio the Acting State Botanist; the Professor of Geology shall be ex-officio the acting State Geologist; the Professor of Chemistry shall be ex-officio the acting State Chemist; and the Professor of Entomology shall be ex-officio the Acting State Entomologist.

SEC. 2. It shall be the duty of these members of the Faculty to give special attention to the interests of this state in their respective departments; to furnish all information requested by any official of this state; and to properly arrange and exhibit the collections in their departments, or some portions of these collections, with special reference to

showing the varied resources of this state; Provided, That this work shall be so conducted as not to interfere with their original duties as instructors at the University.

SEC. 3. No compensation shall be claimed or Compensation. allowed on account of services rendered under the

AN ACT entitled an act to appropriate certain moneys known as the "Morrill Fund" received by the State Treasurer under an act of Congress of the United States, approved August 30, 1890.

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

Appropriation

fund.

SECTION 1. That all moneys that now are or of Morrill may hereafter be received by the State Treasurer, or other State officer in pursuance and by virtue of an act of 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 equipment 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 paid over by said Treasurer to the authorities of the Industrial College of the University of Nebraska without further warrant or authority than is contained herein; in accordance with an act of the Legislature of Nebraska approved, March 19, 1891.

Emergency.

SEC. 2.

Whereas, an emergency now exists, this

bill shall take effect and be in force from and after

Ditches for agricultural and sanitary purposes.

Petition.

AN ACT to provide for ditching and draining wet or swamp land and to protect the same by levees and to repeal all acts in conflict with the same.

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

SECTION 1. When any one or more owner or owners or occupants of any lands, in this state shall desire to construct a ditch or drain or ditches across the lands of another or others for agriculture or sanitary purposes, or for either of said purposes, and which tends to the benefit or advantage of the public, and no agreement or arrangement can be made between them and the owners or occupants of said land to make or establish the ditch or drain, the person or persons may then file a petition in the county court of the county in which said ditch or ditches, drain or drains, shall be proposed to be constructed, setting forth the necessity for the same, with the description of its or their proposed starting point, route and terminus, and if it shall be necessary for the drainage of the land or for sanitary purposes or either that a drain, ditch or levee, or other similar work, be constructed and to the

public interest that the work shall be so constructed, the petition or petitioners shall state in the petition and shall set forth, the general description of the same as proposed, and shall ask for the condemnation of so much of the lands as may be sufficient to construct and build said ditch or ditches, drain or drains, levee or levees. SEC. 2. If the petition is for the draining wet Underground land, and it is practicable for the ditch or drain to be made under the surface of the ground, and to the advantage of the owner, and it shall be so required in writing by the owner or occupant of the land over which the same shall be constructed, then the person or persons so constructing such drain or ditch shall so construct and build the same by laying tiling, in a good and substantial manner, a sufficient distance under the surface of the ground to avoid obstruction or inconvenience to the owner or occupant of the lands; but if it cannot be so done, or is unnecessary, then said drain or ditch may be erected upon the surface of the ground, doing as little injury to the owner or occupant as possible.

for land taken

SEC. 3. Private property shall not be taken or Compensation damaged for the purpose of erecting such ditch, or damaged. drain, or levee, without just compensation, if claimed by the owner or occupants, and said compensation shall be ascertained by a jury as hereinafter provided; But if such ditch, drain or levee shall be of benefit to the lands over which it shall be constructed, then the benefits and advantages shall be set off against compensation that may be claimed. by the owner or occupants of such land; but no benefits or advantages shall be set off against the value of the land actually taken.