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the president and secretary of the board of education, shall specify the rate of interest, the time when the principal and interest shall be paid, the place of such payment, and each bond when so issued shall not be for a less sum than fifty ($50) dollars.

SEC. 26. [Sinking fund-Investment.]-That the board of education is hereby authorized and required to provide, before the same shall become due, for the interest on all bonds issued by the district; they shall also, immediately after the expiration of one-half of the time for which said bonds are issued, proceed to set apart each year, for a sinking fund, a requisite amount or proportion sufficient to pay the principal of said bonds when they shall become due. All moneys set apart for said sinking fund shall be invested, 1. In the purchase of and redemption of bonds of the school districts, which bonds shall be purchased in open market in such manner as the board of education shall prescribe. 2. In bonds of the city constituting the school district. 3. In bonds of the county wherein such district is situated. 4. In bonds of the state of Nebraska. 5. In United States bonds.

SEC. 27. [Purchase of immature bonds.]-That if it shall be deemed advisable by the board of education to purchase bonds issued under the provisions of this act, before maturity, the treasurer shall sell to the highest bidder in open market, and in a manner prescribed by the board, such bonds and securities as shall belong to the school funds, and the proceeds thereof shall apply to purchase of bonds herein provided for.

SEC. 28. [Control of funds.]--That all moneys arising from any source whatever, which under any prior act or acts of the legislature of this state are payable to the school fund of any city of the first class, which may become a metropolitan city, or any moneys which are required to be set apart by the treasurer of any such city for the support and maintenance of any school heretofore organized herein under any general law, shall on and after the passage of this act be payable to the treasurer of the board of education, and shall be used only for the purposes specified in this act.

SEC. 29. [Elections.]-All elections provided for in this act shall be held in the manner following: 1. The president of the board shall issue his proclamation to the qualified voters of the school district; said proclamation to be published for at least ten (10) days prior to the election in at least one (1) daily paper of general circulation in said school district, setting forth the time when, and place or places where such election will be held, and a full and complete statement of the officers, bond proposition, or question of expenditure to be voted on at said election. 2. At the last regular meeting of the board of education, prior to the election, the president of the board, with the consent of the board, shall appoint three (3) judges and two (2) clerks of election for each election district in said metropolitan city, who, before entering upon their duties as such officers, shall take the usual oath or affirmation of office before some person authorized by law to administer oaths, and such oath or affirmation shall be filed with the secretary of the board. (3) If any person so appointed shall not attend at the time and place of holding such election, or shall fail or refuse to qualify as above provided, the electors present at the polls at the hour of eight (8) o'clock A. M. on the day of the election, shall choose some one to fill the vacancy and the person thus chosen shall qualify as before provided. (4) The secretary of the board shall prepare duplicate poll books for each election district in the metropolitan city comprised within the school district, and on the morning of the election shall deliver such poll books, together with a ballot box, into the hands of some one of the judges or clerks of election in the several election districts. The poll books shall be in manner and form as follows: Poll books of a school election held in the...... election district of the......ward in the city of................................... ..county, Nebraska, on the..... day of........., 189..., at which time......and......and... were judges, and......and.... were clerks of said election. The following named persons voting thereat: Each clerk shall take one of the poll books and enter therein the names of the persons voting and the order in which they voted. At the close of the election the judges shall compare the lists, and if found correct they shall certify the same to be a true list of the persons voting

at said election. At all elections held under the provisions of this act the registration. lists of the last city election shall be used without revision, unless said elections provided for in this act shall be held at the same time and place as a city, county, or state election, in which case the registration lists of the city, as revised for said city, county, or state election, shall be used. And it shall be and is hereby made the duty of the city clerk of the metropolitan city comprised within the school district to deliver the registration lists of the city for each election district, respectively, into the hands of some one of the judgesor clerks of election in said election district before eight (8) A. M. on the day of said election, for use at said election, said delivery to be made at the expense of the school district. (5) Immediately before the opening of the polls the judges shall open the ballot box at the place of holding the election, and in the presence of the electors, and shall see that no ballots are contained therein, after which the box shall be closed. The judges shall then declare the polls open, and shall proceed to take the ballot of any person offering to vote, and if such person's name is, by at least two (2) of said judges, found upon at least two (2) of said registers as a qualified voter, the ballot shall be put into the ballot box, without the name or the names thereon being inspected. The ballot box shall be kept locked and in the presence of the electors until the close of the polls. No more than one (1) of the judges shall be absent at the same time from the room where the election is being held, from the time of opening the polls until the votes shall have been counted and canvassed. (6) The judges and clerks shall commence to canvass by counting the votes polled, and if the number cast exceed the number of persons voting, the ballots shall be replaced in the box, and after being mixed, as many ballots shall be drawn out and rejected as there shall have been cast exceeding the number of names on the poll books. If the judges find two or more ballots rolled or folded together, they shall reject all of such votes as fraudulent, and if a ballot contains more than one (1) name for any one office, it shall be deemed fraudulent as to all the names for that office, but no further. (7) The clerks shall set down in their poll books the name of every person voted for, and the office for which such person received votes, every bond proposition and every question of expenditure written in full, with the number of votes received for such persons and the number of votes cast for and against said bond proposition or question of expenditure, such number to be expressed in words at full length, and the judges and clerks shall certify to the correctness of the same. (8) The judges of election shall then select some one of the judges or clerks as messenger, and such messenger shall convey the registry list, poll-books and ballot-box, with the ballots all replaced therein to the office of the board of education, within twenty-four (24) hours after the closing of the polls, and said ballots shall be kept in said office and subject to the inspection of any elector for the space of six (6) months. (9) The judges of election shall possess full power and authority to maintain order during any election, and during the canvass of the votes, and may call on any person present to assist in maintaining order; and if any person shall refuse to obey the reasonable order of the judges, or shall in any manner interfere with the judges or clerks of election, or any of them in the discharge of their duties, such person shall be arrested, and on conviction thereof, shall be fined not less than one ($1.00) dollar, nor more than fifty ($50.00) dollars, and in addition thereto, may, in the discretion of the court, be imprisoned not to exceed thirty (30) days for every such offense. (10.) That board of education shall hold a meeting at the hour of 8 p. m. of the Monday succeeding any election provided for in this act, at which time the secretary of the board in the presence of the board and two disinterested electors shall open the election returns and the board shall thereupon canvass the same and declare the result of the election as shown thereby, and the secretary of the board shall issue certificates of election to such persons as may be declared elected members of the board of education. (11.) Elections provided for by this act other than elections for members of the board of education, may be held at any time or place in such metropolitan city decided on by a vote of all the members of the board, Provided, That at all elections held under this act there shall be one polling place in each election district of the city com

prised within the school district. (12.) At elections for members of the board of educa tion women may vote after taking the following oath, to be administered by one of the judges of election: "You do solemnly swear (or affirm) that you are twenty one (21) years of age, that you have resided in this school district for forty (40) days last past; that you own real property in the district or personal property that was assessed in your name at the last assessment, or have children of school age residing in the district, so help you God." (13.) Any person offering to vote whose name is not found on two of said registers shall furnish to the said judges of election his affidavit subscribed and sworn to before the secretary of the board of education or before the city clerk or some person designated therefor by the mayor of any city comprised within the school district, giving his reason for not appearing before the supervisors of registration on any day of registration or revision of registration and shall also set forth in said affidavit his place of residence, and the facts necessary to show that he is a qualified voter in said election district, and shall prove before said judges, by the affidavit on oath of at least two freeholders, resident of said election district in which he offers his vote for at least one year immediately preceding said election, that they know such person to be an inhabitant and qualified voter of said precinct, and upon filing said affidavit with said judges, and making the proof herein required, such person shall be entitled to vote. Any person offering to vote at any election herein provided for may be challenged and the same oaths shall be put as are provided in the general election law.

SEC. 30. [Acts repealed.]—That all acts and parts of acts inconsistent with this act (including an act of the legislature of the state of Nebraska entitled, “An act relative to public schools in metropolitan cities," approved March 31, 1887, and all acts amendatory thereof) be, and the same are hereby repealed. [Id. § 30.]

SUBDIVISION XVIII-SCHOOL BOOKS.

SEC. 1. [Books-Purchase--Contract.]-District school boards and boards of trustees of high school districts, and boards of education in cities of the first and second class, are hereby empowered and it is made their duty to purchase all text books necessary for the schools of such district, and they are further authorized to enter into contract as hereinafter provided with the publishers of such books for a term of years, not to exceed five (5); Provided, That the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, township, school district, or other individual or corporation in the United States to be determined as hereinafter provided; And Provided further, That such contract shall guarantee to such districts any further reduction that may be granted elsewhere during the life of such contract. [Laws 1891, chap. 46, § 1.]

SEC. 2. [Publisher Bond-Statement.]-Before any publisher of school books shall be permitted to enter into contract with any school district under the provisions of this act, he shall file with the state superintendent of public instruction, to be approved by him, a good and sufficient bond in the sum of two thousand (2,000) to twenty thousand (20,000) dollars for the faithful performance of the conditions of such contracts, and the observance of the requirements of this act; and such publisher shall also file with the state superintendent of public instruction a sworn statement of the lowest prices for which his series of text books are sold anywhere in the United States; and a failure to file such bond and sworn statement of prices shall be a good and valid defense on the part of the district against payment for any books that may be sold by such publisher prior to the date of filing such bond and sworn statement of prices; and all such contracts to which such publisher is a party made subsequent to the passage of this act and prior to filing such bond and sworn statement of prices shall be null and void. [Id. § 2.]

SUBD. XVIII. "An act to provide cheaper text books, and for district ownership of the same." Laws 1891, chap. 46. Took effect Aug. 1, 1891.

SEC. 3. [Payment for books.]-For the purpose of paying for school books, the school district officers may draw an order on the county or township treasurer for the amount of school books ordered. [Id. § 3.]

SEC. 4. [Same.]-The county or township treasurer shall pay orders drawn by school district officers, for the purchase of school books out of any funds in his hands belonging to the district, except the money received from that derived from the teachers' fund. [Id. §4.]

SEC. 5. [School book trusts.]-Any contract entered into under the provisions of this act with any publisher who shall hereafter become a party to any combination or trust for the purpose of raising the price of school text books, shall at the wish of the school board of the district using such books become null and void.

SEC. 6. [Price lists.]-The state superintendent of public instruction shall within thirty (30) days after the filing of the herein before mentioned sworn statement of prices of text books have the same printed and forward a sufficient number of certified copies of the same to each of the county superintendents of the state to furnish all the school districts of such county, with one copy each; and the county superintendent shall immediately after receiving said certified copies of prices of books, send or deliver one of such certified copies to the director or secretary of each school district or board of education in such county, to be filed as a part of the records of such district; and he shall also file one of said certified copies of prices in his office as a part of the records of said office.

SEC. 7. [Contracts.]-It shall be the duty of the state superintendent of publicinstruction to prepare and have printed a form of contract between district boards and publishers of school books, and to furnish the same through the county superintendent, to the several district boards of the state; and no other form of contract shall be used by such district boards and publishers in carrying out the provisions of this act.

SEC. 8. [Violation of contract.]-Upon the filing of a written complaint with the state superintendent of public instruction by the officers of any district board, charging any publisher with violating the conditions of such contract as herein before mentioned, the attorney general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action he shall immediately begin proceedings in the name of the state to enforce the liability on the bond herein before mentioned.

SEC. 9. [Property in books-Damaged.]-All books purchased by district boards, as herein before mentioned, shall be held as the property of the district, and loaned to pupils of the school while pursuing a course of study therein free of charge; but the district boards shall hold such pupils responsible for any damage to, loss of, or failure to return such books at the time and to the person that may be designated by the board of such district.

SEC. 10. [School supplies-Exception-Local dealer.]-The provisions of this act shall include all school supplies; Provided, That nothing in this act shall be construed to prohibit any pupil or parent from purchasing from the board such books as may be necessary at cost to the district; Provided further, That the board may designate some local dealer to handle books for the district with such an increase above contract price, to pay cost of transportation and handling, as may be agreed upon between said board and said dealer.

CHAPTER 80.-SCHOOL LANDS AND FUNDS.

ARTICLE I.-GENERAL PROVISIONS.

SECTION 1. [Board of educational lands and funds.]—That the board of commissioners provided for in section one of article VIII of the constitution, consisting of the governor, secretary of state, treasurer, attorney general, and the commissioner of public lands and buildings, shall cause all school, university, normal school, and agricultural college lands now owned by, or the title to which may hereafter vest in the state, to be registered, sold, and leased, and the funds arising from the sale thereof to be invested in the manner provided by this act. [1885, chap. 85.]

SEC. 2. [Abstracts of educational lands.]-The commissioner of public lands and buildings shall, under the direction of the board, cause suitable abstracts to be made of all the lands owned by the state for educational purposes, and entered in suitable and well bound books. Such abstracts shall show in proper columns and pages the county in which each tract is situated; the section, part of section, township, and range; whether timber or prairie; whether improved or unimproved; the value per acre; the value of improvements, and total value. In another book or books shall be shown the date of sale, name of purchaser, price per acre, amount paid in cash, amount unpaid, amount of annual interest, names of sureties on notes, date of lease, name of lessee, amount of annual rental, date of patent and when recorded, and such other columns as may be necessary to show full and complete abstract of the condition of each tract of land, from the time title was acquired by the state until final payment by the purchaser, and the issue of a deed for the land.

SEC. 3. [Same-Appraisement.]—When the abstracts provided for in section two are made by the commissioner of public lands and buildings. the board of educational lands and funds shall cause a list of the lands described in such abstracts to be forwarded to the chairman of the board of county commissioners or supervisors as the case may be, and the lands embraced in said list shall be appraised in the same manner as provided in section fifteen of this act in the case of private sale, and the said appraiser shall subscribe to an oath before some proper officer to properly appraise the prairie lands in tracts not to exceed forty acres each, the timber lands in tracts not to exceed ten acres each, and to appraise any improvements thereon, and to make due and prompt return to the commissioner of public lands and buildings, who shall enter the appraisement upon said abstracts; Provided, That the lands in any of the organized counties of this state not now appraised shall be ordered appraised upon a petition signed by not less than one hundred of the taxpayers residents of said county, approved and certified by the board of commissioners in such county to the board of public lands and buildings asking that the lands in such county shall be appraised for the purpose of lease and sale as provided by this act.

SEC. 4. [Reappraisemeet.]-The said board may, when they deem it to the best interest of the state, cause any unsold lands, the sale and leasing of which is regulated by this act, to be reappraised, and the reappraised value thereof entered upon the abstract, hereinbefore provided for.

SEC. 5. [Sale.]-In all counties where the educational lands or portion thereof have been appraised, the commissioner of public lands and buildings shall, person or by agent, attend at such times as the board may direct, but not more than once in one year, and offer at public auction all the unsold lands, except such as have been leased

ART. I. "An act to provide for the registry, sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of funds arising from the sale of such lands." This act also repeals the act of 1883, chap. LXXIV. Chap. LXXV, laws of 1883, which transfers land to school fund, and chap. LXXVI, being local and temporary in its nature, are omitted.

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