SEC. 11. [State bonds.]-That the governor and secretary of state, be, and they are hereby authorized and required to issue the bonds of the state to the amount of one hundred thousand dollars ($100,000) payable five years, with interest at four (4) per cent per annum, payable annually on the first day of January of each year; principal and interest payable at the office of the state treasurer of the state of Nebraska, at Lincoln, Nebraska; said bond shall be of the denomination of one thousand dollars each. [1891, chap. 39, § 1.]

SEC. 12. [Board of relief.]-The governor shall nominate, and by and with the advice and consent of the senate shall appoint nine persons who shall be citizens of this state and who are hereby constituted a board of relief to whom the secretary of state shall deliver said bonds as soon as the same are issued; said board of relief shall dispose of said bonds and place the proceeds thereof in the state treasury to be drawn out upon proper vouchers, as fast as expended only, and be used in the purchasing of supplies and seed grain for distribution among the citizens of this state made destitute by the loss of their crops during the year 1890. [Id. § 2.]

SEC. 13. [Warrant on state treasury.]-The auditor of public accounts is hereby authorized and required, upon the presentation of proper vouchers, approved by the president and secretary of the state relief committee to draw his warrant against the fund created by the sale of said bonds. [Id. § 3.]

SEC. 14. [Requisition for supplies-Articles purchased.]—It is hereby made the duty of said commission in the requisition for the funds set forth therein, to state the purpose for which said money, to be paid by the treasurer, is to be used, with an itemized statement of the several articles and kind of supplies to be purchased, and on the purchase of the same to file with the secretary of state an itemized list of all articles by them purchased for the relief of the western sufferers. [Id. § 4.]

SEC. 15. [Distribution by commission-Vouchers-Applicant's statement.]-It shall be, and is hereby made the duty of said relief commission through the agency of the county commissioners, or board of supervisors, together with the county clerk and sheriff of the respective counties whose inhabitants require aid, to distribute the supplies by them purchased as hereinbefore contemplated, to the county commissioners, clerk, and sheriff of the several counties requiring aid, and take the receipt of the commissioners and county clerk for said supplies thus farnished to the several counties through the commissioners, clerk, and sheriff of said counties, and from time to time file said receipts, together with all vouchers for supplies furnished with the secretary of state. Provided, further, That no person shall be given relief unless such person shall show by the affidavit of himself or the affidavit of two freeholders, residents of the county, who have personally known the applicant for relief for nine (9) months immediately preceding the passage of this act; First, That the applicant is and has been a bona fide resident of the county wherein the application is made for relief for more than nine months prior to the passage of this act. Second, That the applicant is without money or other means wherewith to provide such applicant the articles applied for. Third, That if seed is furnished applicant, he will stay in the county, sow the same, and use every endeavor to raise a crop. Provided further, That said applicant shall comply with such additional rules and regulations as said board of relief may prescribe. [Id. § 5.]

SEC. 16. [Distribution by county officers-Vouchers-Reports.]Be it further enacted that it shall be the duty of the several commissioners of the respective counties in the drouth stricken districts, or the board of supervisors of the counties, in case any of said counties are under township organization, to receive said supplies and distribute the same to the needy or suffering of their respective counties. That said county commissioners, or the several boards of supervisors, shall be and are hereby made responsible on their official bonds, for the faithful and proper distribution of all funds and sup

SECS. 11-23.

"An act for the issuing of state bonds for the purpose of providing supplies and seed grain for the citizens of counties suffering from the loss of their crops during the year 1890." Laws 1891, chap. 39. Took effect March 5, 1891

plies coming into their hands through the agency of the state relief commission herein created, or by donation through private sources. And it is further made the the duty of said several boards of county commissioners, and clerk of the respective counties, or of the township organizations in counties under township organization, to keep a full, complete, and itemized record of all supplies, funds and merchandise and articles of every kind, name or nature distributed by them to the suffering poor, and to whom distributed, and in what quantity, and the date of such distribution. And be it further enacted, That it is hereby made the duty of said county commissioners and boards of supervisors herein referred to, to report at least once a week by an itemized and detailed statement of all the funds by them received, and of the merchandise and articles of every kind for the relief of the suffering, to the state relief commission hereby created. Said report shall set forth in detail an itemized statement of all supplies distributed, to whom distributed, and date when delivered; and where they are distributed to families, to give the number in the family receiving relief, which statement shall be filed with the secretary of state by the state relief commission hereby created, and by said relief commission reported in their monthly reports, which they are hereafter required to make to the secretary of state. [Id. § 6.]

SEC. 17. [Expenses of commission.]-Said state relief commission hereby created is authorized to use in paying the actual expenses for the carrying into effect the provisions of this act not to exceed two and one-half per cent. (21%) of the amount of money drawn by them from the treasury and hereby appropriated for the relief of the sufferers hereinbefore referred to. [Id. § 7.]

SEC. 18. [Commission-Report-Accounts.]-It is hereby made the duty of said relief commission thus created, to keep an accurate and itemized account of all funds and moneys by them received from the state, or from any other source, or by private donation for the relief of the sufferers herein before mentioned, which record shall at all reasonable hours be open for the inspection of the public. And be it further enacted, That the said state relief commission hereby created, shall keep an itemized account, and a full, correct and accurate record of all supplies by them disbursed, to whom disbursed, and file the proper vouchers therefor in their report hereafter required to be made. They shall also report the disposition made of all moneys by them received, whether from the state or from private individuals. They shall also keep and report all supplies, provisions, food, clothing of every kind, name and nature by them received from private sources, and also what distribution was made of the same. they shall from month to month, or as near as may be practicable, file a full itemized report of their actings and doings under the provisions of this bill, with the secretary of state. [Id. § 8.]

And

SEC. 19. [Responsibility of officers.]-All officers mentioned in this bill, shall be, and are hereby held responsible upon their official bonds for all items of property money or anything of value coming to their hands for the relief of the sufferers provided for in this bill. [Id. § 9.]

SEC. 20. [Treasurer's bond.]-Be it further enacted, That the treasurer of the state relief commission hereby created shall give bond in the sum of forty thousand ($40,000) dollars to the state of Nebraska for the faithful performance of his duty under the provisions of this act, and for the distribution of all funds, property and moneys coming into his hands for the sufferers in accordance with the provisions of this act. Said bond to be approved by the secretary and president of the commission. [Id. § 10.]

SEC. 21. [Taxes-Sinking fund.]-For the purpose of paying the annual interest and principal of the bonds when the same become due, there shall be levied and collected a tax of one-eighth () of one mill on the dollar valuation of the grand assessment roll of the state, for the purpose of creating a fund known as the state relief fund, which shall be levied annually by the state board of equalization in addition to all other taxes levied for state general purposes. [Id. § 11.]

SEC. 22. [Limitation on appropriation.]—That only so much of the

money above provided for shall be expended as may be found actually necessary to accomplish the purposes of this act. [Id. § 12.]

SEC. 23. [Improper distribution.]--When a sworn complaint shall be made to the state relief board, that the supplies are improperly distributed, it shall be the duty of the said board to investigate the complaint and if sustained, they are hereby empowered to place the distribution of relief in the hands of such county officers or other persons as they may deem best. [Id. § 13.]

ARTICLE II.-COUNTY AID.

SECTION 1. [County aid.]--That the county board of any county of this state shall have power and are hereby authorized to draw their warrants on the surplus general fund of the county that may be on hand and not otherwise disposed of, and use the money in the purchase of food fuel, seed grain and feed for teams for the benefit of the destitute farmers of such county caused by crop failure in 1890. [1891, chap. 40, § 1.] SEC. 2. [Sales-Notes.]-That the county board shall sell the food, fuel, seed grain and feed for teams or any of the same, to such persons only as are engaged in agriculture, at a price not exceeding the actual cost, thereof and shall take the promissory note of the purchaser payable to the county and due in three years from date with interest at the rate of seven per cent. per annum, payable annually, and which notes shall be held and collected by the county when due, and when collected the money shall be paid into the county treasury. [Id. § 2.]

SEC. 3. [Purchaser-Affidavits.]-No farmer shall be permitted to purchase any of said food, fuel, seed grain, feed for teams until he shall first make an affidavit that he is actually engaged in farming; that he is in destitute circumstances; that he has no food, fuel or seed grain as the case may be, and that he is in need of the same, or if he have any or a part of the above substance to state the kind and quantity thereof. And shall also furnish the affidavit of two creditable witnesses of the township wherein such purchaser may reside, stating that he is a reputable citizen of said county and that verily they believe the statements contained in his affidavit are true. [Id. § 3.]

SEC. 4. [Amount of sale.]-That no farmer under the provisions of this act shall be allowed to purchase more food, provision or fuel than in the judgment of the county board is needful and proper. And no farmer shall be allowed more than the value of twenty-five dollars in seed grain to be selected by the purchaser, and no farmer shall be allowed more than fifty bushels of grain for feed for teams. [Id. § 4.]

SEC. 5. [County bonds--Amount-Election.]-That the board of any county of this state shall have the authority to issue the bonds of their respective counties to an amount not to exceed three (3) per cent of the assessed valuation of the county for the year 1890, and not exceeding the sum of twenty-thousand dollars ($20,000), for the purpose of raising money to purchase grain to be planted and sown, for the purpose of raising crops for the year 1891, and for feeding teams used in raising said crops; Provided, A special election shall be called at which the question of bonding the county shall be submitted to the people as provided for in section twenty-seven (27), chapter eighteen (18) Compiled Statutes of Nebraska, revision of 1889. [1891, chap. 41, § 1.]

SEC. 6. [Same-Issuance-Description.]-Upon a vote of a majority of the legal voters voting at said election, as provided for in section one of this act, the county board shall issue the bonds of the county payable in ten years, with the option of the county to pay the whole or any part thereof after the expiration of five (5) years from

SECS. 1-4. "An act to authorize the County Board of the several counties of this state to use the surplus general funds of the respective counties in purchasing food, fuel and seed grain and feed for teams and to distribute the same among the destitufe and needy farmers of said counties and providing the manner in which the same shall be distributed." [Laws 1891, chap. 40. Took effect Mar. 24, 1891]

SECS. 5-12. "An act to authorize county boards to issue the bonds of their respective counties for the purpose of purchasing grain for seed, and feed for teams used in cultivating the land upon which the seed is planted, and to provide for the sale of the same; and to punish the violation of the provisions of this act." Laws, 1891, chap. 41. Took effect Mar. 24, 1891. Act constitutional. 48 N. W. R. 275. See also sec. 34, chap. 18, ante.

the date thereof, with interest at a rate not to exceed seven (7) per cent per annum. [Id. § 2.]

SEC. 7. [Proceeds-Purchase of grain and feed-Notes.]-The county board shall sell said bonds for the highest obtainable price, not less than their face value, and shall invest the proceeds thereof, or so much as may be necessary, in the purchase of grain suitable for seed for planting and sowing, and for the necessary feed for teams used in raising said crops, and shall sell the same to such persons only as are engaged in agriculture, at a price not exceeding the actual cost thereof to the county, with ten per cent. added to defray the expenses of sale, and shall take the promissory notes of the purchaser, payable to the county, and due in five (5) years thereafter with interest from date at the rate of seven (7) per cent per annum, payable annually, and which notes shall be held and collected by the county when due, and when collected the money shall be paid into the county treasury. [Id. § 3.]

SEC. 8. [Purchaser's affidavit-Sale.]-No farmer shall be permitted to purchase any of said grain until he shall first have made an affidavit that he is actually engaged in farming, that he has no grain for seed or feed for his team, or if he have any, stating the quantity thereof, and that he desires to use said grain for no other purpose than is provided by this act, and shall also furnish the affidavits of two creditable residents of said county and of his neighborhood to the effect that he is a reputable citizen of said county, and that they verily believe the statements contained in his affidavit are true. And upon such affidavits being made and filed to be preserved in the office of the county clerk, and the execution of the note to the county as herein provided for, the said county board may deliver to him grain for seeding purposes not to exceed fifty bushels, and grain for feeding purposes not to exceed fifty bushels, to any one person. [Id. § 4.]

SEC. 9. [Sale of grain by purchaser, penalty.]-That any person, who, after having obtained grain for feed and seed as herein provided shall sell, transfer, or in any other manner dispose of the said seed or grain, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding one hundred (100) dollars, or be imprisoned in the county jail not exceeding three months, and, moreover, shall be liable to the county from which the same was obtained for the value of the seed or feed so obtained. [Id. § 5.1

SEC. 10. [County agent.]-It shall be lawful for the county board to designate any one of their number to sell the said bonds, purchase the grain, and sell the same as herein provided, and the person or persons who may sell said bonds and purchase and sell said grain shall make a full exhibit and settlement with the county board on or before t1 day of July, 1891, or if said board shall not be in session on said date, said settlement shall be made at the first meeting of the board after said date. [Id. § 6.]

SEC. 11. [Same-Embezzlement.]-If any person entrusted with the sale of said bonds and the purchase and sale of said grain shall fail to account for and settle in full for the money and grain placed or coming into his hands, or shall convert any part thereof to his own use, he shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished accordingly. [Id. § 7.]

SEC. 12. [Taxes-Sinking fund.]-The county board of any county issuing bonds under the provisions of this act shall levy a tax for the payment of the interest on said bonds as it becomes due; Provided, That an additional amount shall be levied and collected, sufficient to pay the principal of such bonds at maturity; Provided, further, That not more than twenty (20) per cent of the principal of said bonds shall be levied and collected in any one year. [Id. § 8.]

CHAPTER 77.-REVENUE.

ARTICLE I.-GENERAL PROVISIONS.

SECTION 1. [Property taxable.]-The property named in this section shall be assessed and taxed except so much thereof as may be in this chapter exempted: First-All real and personal property in this state. Second-All moneys, credits, bonds, or stocks, and other investments, the shares of stock of incorporated companies and associations, and all other personal property, including property in transitu to or from this state, used, held, owned, or controlled by persons residing in this state. Third-The shares of capital stock of banks and banking companies doing business in this state. Fourth-The capital stock of companies and associations incorporated under the laws of this state. [1879, § 1, 276.]

SEC. 2. [Property exempt.]-The following property shall be exempt from taxation in this state: First-The property of the state, counties, and municipal corporations, both real and personal. Second-Such other property as may be used exclusively for agricultural and horicultural societies, for school, religious, cemetery, and charitable purposes; Provided, That in the assessment of real estate, encumbered by public easement, any depreciation occasioned by such easement shall be deducted in the valuation of such property; Provided further, That the increased value of lands by reason of live fences, fruit and forest trees, grown and cultivated thereon, shall not be taken into account in the assessment thereof.

SEC. 3. [School lands.]-School lands sold under any provisions of any law of this state, or such as have been heretofore sold, shall not be taxable until the right to a deed shall have become absolute, except the value of the interest of such purchasers shall be taxable, which interest shall be determined by the amount paid and invested in improvements on such lands; Provided, That the increased value of such improvements by reason of live fences, fruit and forest trees grown and cultivated on such lands shall not be taken into account in assessing the value of such improvements.

SEC. 4. [Personalty, how valued.]-Personal property shall be valued as follows: First-All personal property, except as herein otherwise directed, shall be valued at its fair cash value. Second-Every credit for a certain sum, payable either in money or labor, shall be valued at a fair cash value for the sum so payable; if for any article of property, or for labor, or service of any kind, it shall be valued at the current price of such property, labor, or service. Third-Annuities and royalties shall be valued at their then present total value.

SEC. 5. [Realty, how valued.]—Real property shall be valued as follows: First-Each tract or lot of real property shall be valued at its fair value, estimated at the price it would bring at a voluntary sale thereof, where public notice had been given, and a payment of one-third cash and the balance secured by a mortgage upon the property. [Second]-Leasehold estates, including leases of school and other lands of the state, shall be valued at such a price as they would bring at a fair voluntary sale for cash. Third-Where a building or structure owned by a lessee is located on land

ART. 1. "An act to provide a system of revenue." Laws 1879, 276. Taking effect Sept. 1, 1879. "An act to provide for the assignment of tax certificate." Laws 1875, 109, being superceded by sec. 117, this article is omitted.

SEC. 1. Money of non-resident in hands of agent in this state, Held, Properly taxed. 19 Neb. 50. Gross premiums received by insurance companies other than mutual companies without capital stock, Held, To be taxable as personal property in hands of agent. 23 Id. 319. Resources of national banks not taxable. 11 Id. 77. United States bonds not taxable. 10 Id. 157. Purchase of U. S. bonds for purpose of evading taxation: bona fides of purchase pending assessment is question for jury. 23 Id. 701. Deposits in bank taxable to bank. 14 Id. 149.

SEC. 2. Property used exclusively as an institution of learning exempt. 22 Neb. 453.

SEC. 4. Debts due are credits and are to be assessed as property. 10 Neb. 161. Owners of shares in national banks having no other credits or other monied capital, are entitled to deduct their bona fide debts from the value of such shares. 25 Neb. 472.