much thereof as is necessary, is hereby appropriated out of the saline fund of the state for the purpose of carrying into effect the provisions of this act, and the auditor is hereby authorized and directed to draw his warrant on said fund for that purpose.

LEASING SALINE LANDS.

SEC. 12. [Leasing.]-That the board of public lands and buildings shall cause all the saline lands of which the title is now vested in the state "except that leased to the Nebraska Stock Yards Association," be offered for lease; Provided, That the lands now leased to the Nebraska Stock Yards Association shall, upon the termination of said lease or leases, be subject to all the conditions of this act. [1889, § 1, chap 94.]

SEC. 13. [Abstracts.]-The commissioner of public lands and buildings shall cause suitable abstracts to be made showing the section, town, and range, and appraised value. [Id. § 2.]

SEC. 14. [Same-Appraisement.]-When the abstracts are made as shown in section 2, the commissioner of public lands and buildings shall cause a copy of said abstracts to be sent to the county commissioners of the county in which the land is situated, and shall instruct them to appraise the said lands at their true value for leasing, and separately appraise any and all improvements thereon, and make returns of the same to him, under oath; Provided, That the lands shall be appraised in forty-acre tracts or government subdivisions. [Id. § 3.]

SEC. 15. [Notice.]—After the said appraisement shall have been made and returned as provided in section three, the commissioner of public lands and buildings shall cause notice to be given for 30 days in two newspapers of general circulation in the county, that the lands will be offered for lease at public bidding, stating the day and hour of the commencement of such public offering, and he shall continue from day to day until all of the said lands have been offered; Provided, That persons bidding off lands do not enter into lease for the same immediately, they will be again offered for lease before the public offering is closed. [Id. § 4.]

SEC. 16. [Terms of lease.]-All leases shall be made at a rental of six per cent. on the appraised value, payable annually in advance, and in addition thereto the lessee shall pay the appraised value of the improvements on said land, which amount shall be immediately paid to the owner or owners of said improvements. Applications for the lease of any such lands not leased at public offering may be made at any time to the commissioner of public lands and buildings; Provided, That if there be two or more persons wishing to lease the same land, the said commissioner shall auction off and lease the land to the person who, in, addition to the 6 per cent. rental, will pay the highest cash bonus for the lease. Each lease shall contain a covenant or contract that the land contained in such lease may be appraised every five years, also that at the expiration of twenty years the lessee shall deliver up to the state the said land. [Id. § 5.]

SEC. 17. [Investment of fund.]-The board of public lands and buildings shall, as soon as sufficient amount of interest or rental accumulates in the treasurer's hands, invest the same in registered school district or registered municipal bonds, and the treasurer shall hold the same as a permanent saline fund. [Id. § 6.]

SEC. 18. [Forfeiture.]—If the lessee defaults in the payment of his interest or rental for more than one year, the commissioner of public lands and buildings may cause notice to be given and forfeiture ensue as provided in section 16, chapter 80, compiled statutes of 1887, and when so forfeited it shall again be offered for lease, after having again been advertised as provided in section four of this act. [Id. § 7.]

ARTICLE III.-MISCELLANEOUS.

SECTION 1. [Purchase by school districts.]-The school district in which

STCB. 12-18. "An act to provide for the sale and leasing of the saline lands belonging to the state of Ne braska." Took effect July 1, 1889. Laws 1889, Chap 94. ART. III. "An act to enable school districts, churches, and cemeteries to purchase land from the state." Took effect June 5, 1885, See also last section of Art. I. Chap. 80, post.

there be state land, school land, land of the school fund or otherwise, is empowered to purchase from the state any portion of such land, not exceeding forty acres, for school purposes, at not less than seven dollars per acre, and at the appraised value, which appraisement shall be made by the county treasurer and as many as two of the school officers of such school district, without compensation. [1885, chap. 84.]

SEC. 2. [Purchase by churches and cemetery associations.]— That any church or cemetery association or corporation having control of a cemetery in a school district where there be such land referred to in the first section of this act, such church association or corporation may purchase from the state any portion of said lands, not exceeding ten acres, for church or cemetery purposes, at the appraised value. Such appraisement may be as provided for in sales of school lands to individuals; Provided, That when such land hath been previously the land required may be purchased at the former appraisement, but not lower than seven dollars per acre.

SEC. 3. [Same.]-That in the event of there being a school house, cemetery, or church building being located upon school land or any land of the state which has been or may hereafter be sold to any individual, corporation, or parties, such school district, church, or association, with the written consent of the purchaser or occupant, may purchase land for the purposes specified and obtain a deed from the state at the price of the purchaser, assignee, or occupant is to pay. The sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay.

SEC. 4. [Sales for cash.]-Sales of land made for the special purpose herein contemplated shall be for cash, and if there be buildings on such land belonging to the state, such buildings are to be appraised and sold separate.

CHAPTER 70.-PUBLIC BUILDINGS.

SECTION 1. [Doors to open outward.]-That all public buildings now in process of construction, or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement, instruction, or other purpose, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that they shall open outward, and that all means of egress for the public from the main hall or principal room and from the building, shall be by means of doors which shall open outward from the main hall or building. [1877, 1, 117.]

SEC. 2. [Doors opening outward, changed.]-That all public buildings now built and used for any of the purposes mentioned in section one of this act, shall within one year from the first day of July, A.D. 1877, be so changed that their doors and means of egress shall be in conformity with the provisions of this act; Provided, That the provisions of this section shall not apply to churches and school houses already erected in rural districts.

SEC. 3. [Violation of act-Penalty.]-That any person or persons who shall fail or refuse to comply with the provisions of this act, shall be fined in any sum not less than one hundred dollars, nor more than one thousand dollars.

SEC. 4. [Same-Buildings closed.]-That in all cities and towns having a population of one thousand inhabitants and upwards, the mayor of said town or city shall be, and he is hereby authorized, to close and prohibit all public buildings from being used for any of the purposes mentioned in section one of this act, until the provisions of this act shall be complied with.

CHAP. 70. "An act to regulate the means of egress from public buildings," Passed and took effect June 1, 1877.

1

CHAPTER 71.-QUO WARRANTO AND MANDAMUS.

SECTION 1. [Quo warranto by private person.]-When any citizen of this state shall claim any office which is usurped, invaded, or unlawfully held and exercised by another, the person so claiming such office shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation, and with or without the consent of the prosecuting attorney, and such person shall have the right to prosecnte said information to final judgment; Provided, He shall have first applied to the prosecuting attorney to file the information, and the prosecuting attorney shall have refused or neglected to file the same. [R. S. 279. G. S. 871.]

SEC. 2. [Mandamus by private person.]-Any private person may, on his own relation, sue out writs of mandamus without application to the prosecuting attorney.

SEC. 3. [Costs.]-Persons suing out either of the writs under the provisions of this chapter shall be liable to costs as in civil cases.

SEC. 4. [Supreme court.]-Proceedings in the supreme court in applications for mandamus shall be regulated by chapter 3 of title 18 of the code of civil procedure, in applications by quo warranto by title 23 of said code, and in application for habeas corpus by chapter 25 of the criminal code; and all other provisions of law relating to those remedies shall be applicable to said proceedings when had in said court exercising its original jurisdiction. [1867, § 1, 47.]

SEC. 5. [District court.]-The several district courts shall have and exercise concurrent jurisdiction with the supreme court in the several kinds of action enumerated in the foregoing section, and the mode of proceeding and the practice relating thereto shall be the same as that obtaining in the supreme court as herein provided and as now provided by law. [Id. § 2.]

CHAP. 71. Chap. XLII, R. S. 279. Chap. 60, G. S. 871.

SEC. 1. The courts are not deprived of jurisdiction in cases of quo warranto or mandamus by the provisions of the election law on contested elections. 4 Neb. 514. 11 Id. 106. An information filed by consent of the district attorney, but not officially signed by him, Held, No error. 4 Neb. 512. An officer required to give an additional bond would not be excluded from performance of his duties, because he had neglected to do so, until a dem and first made in that behalf. 1 Neb. 202. See note to Sec. 645 civil code. Jurisdiction in quo warranto. 13 Neb. 529. Attorney general proper officer to commence proceedings in supreme court. 15 Neb. 444. In a proceeding against a corporation to forfeit its franchise and oust it from the same for misuser and non-user thereof, the corporation is the only necessary party defendant. 24 Neb. 156. Relator must show right to office. 29 Neb.. 45 N. W. R. 279. Provisions of election law cumulative. 28 Neb 438.

SEC. 2. Mandamus v. Governor, 47 N. W. R. 704; v. Speaker, Id. 710.

SEC. 4. Proceedings in supreme court are regulated by rules, which see. Writ may be served in any county. Laws

28 Neb. 438.

SECS. 4-5. "An act to regulate the prosecution of cases of original jurisdiction in the supreme court." 1867, 47. G. S. 254. Took effect June 10, 1867. The reference to Chap. 25 criminal code, refers to criminal code of 1866, since repealed. But see Seca. 353-376 of criminal code now in force, post.

SEC. 5. See note to sec. 57, chap. 19. Issues should be tried as in civil action.

CHAPTER 72.-RAILROADS.

ARTICLE I.-DUTIES AND LIABILITIES.

SECTION 1. [Fencing.]-That every railroad corporation whose lines of road or any part thereof is open for use shall, within six months after the passage of this act, and every railroad company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such railroad or any part thereof are open, erect and thereafter maintain fences on the sides of their said railroad, or the part thereof so open for use, suitably and amply sufficient to prevent cattle, horses, sheep, and hogs from getting on the said railroad, except at the crossings of public roads and highways, and within the limits of towns, cities, and villages, with opens, or gates, or bars at all the farm crossings of such railroads, for the use of the proprietors of the lands adjoining such railroad, and shall also construct, where the same has not already been done, and hereafter maintain at all road-crossings, now existing or hereafter established, cattle guards suitable and sufficient to prevent cattle, horses, sheep, and hogs from getting on to such railroad, and so long as such fences and cattle guards shall be made after the time hereinbefore prescribed for making the same shall have elapsed, and when such fences and guards, or any part thereof, is not in sufficiently good repair to accomplish the objects for which the same is herein prescribed, is intended, such railroad corporation and its agents shall be liable for any and all damages which shall be done by the agents, engines, or trains of any such corporation, or by the locomotives, engines, or trains of any other corporations permitted and running over or upon their said railroad, to any cattle, horses, sheep, or hogs thereon; and when such fences and guards have been fully and duly made, and shall be kept in good and sufficient repair, such railroad corporation shall not be liable for any such damages, unless negligently or wilfully done; Provided, however, That any person, company, or corporation owning land adjoining the right of way of any railroad company in this state, and not within the limits of any town, village, or city, and intending to enclose his or their land, or any part thereof, that adjoins such right of way or railroad, with a fence, such person or the secretary of such company or corporation, by direction thereof, may notify in writing such railroad company of such intention, and request such railroad company to build a lawful fence as described in this section on the line between their railroad and the land intended to be enclosed. Such notice shall definitely specify two points on such line between which points such fence is requested to be erected, and describe the field intended to be enclosed. The railroad company shall, within six months after receiving such notice, cause to be erected the fence required by such notice, and in case of a failure so to do, the party so giving notice as aforesaid may cause such fence to be erected at a reasonable cost, and collect the amount thereof from the railroad company so neglecting to erect the fence. [Amended 1883, chap. LXII.]

SEC. 2. [Liable for stock killed and injured.]-Any railroad company hereafter running or operating its road in this state, and failing to fence on both sides thereof, against all live stock running at large at all points, shall be absolutely liable to the owner of any live stock injured, killed, or destroyed by their agents, employes, or engineers, or by the agents, employes, or engines belonging to any other railroad

201

CHAP. 72, ART. I. "An act to define the duties and liabilities of railroad companies." Laws 1867, 88. G. S. Took effect June 22, 1867. SEC. 1. Sufficiency of fence. 26 Neb. 159. Cattle guards not required at private crossings. 46 N. W. R. 842. Depot grounds outside of city limits. Id. 1015. One side of track in city. 27 Neb. 801.

14 Neb. 17.

SEC. 2. So much of this section as gives "double" damages for property destroyed, Held, Unconstitutional. 6 Neb. 37. Damages to animals on account of failure to fence along line of road. 11 Neb. 596. Fence broke down; owner of stock not guilty of contributory negligence. 13 Neb. 484. If there be no fence up, plaintiff only required to prove fact of killing, ownership. etc., and that road was not fenced. Same liability exists where stock is running at large in night time. Id. 24. Company liable when animals are killed through negligence of 15 Neb. 366. Railroad not required to place employes running train. Id. Negligence of owner no defense. guards or fence around cut within limits of city, away from public thoroughfare. 14 Neb. 234. See also 17 Neb. 18 Id. 219, 369. 28 Id. 112.

693.