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be determined by the amount paid and the amount invested in improvements on such lands; Provided, That when such land shall be situated within the limits of any city or village, and shall have been subdivided into lots, then, and in such case the same shall be subject to all special assessments for sidewalk, grading, paving, guttering, curbing. sewerage, and all other municipal improvements, in the same manner as other lots and lands in such city or village, except that a sale of such school lots to collect such assessment or assessments shall only pass the interest or title of the purchaser from the state his heirs or assigns, and his or their right to a conveyance of the same, upon the payment of any balance of the purchase price and interest. [Amended 1889, chap. 80.]

SEC. 31. [Purchase by school districts.]-Any school district in which there may be any school or other land belonging to the state subject to disposition under this act, is hereby 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, nor less than the appraised value, such appraisement to be made in the same manner as provided for in section three of this act.

SEC. 32. [Purchase by church or cemetery association.]— Any church or cemetery association or corporation having control of a cemetery in a school district where there is any such land may purchase from the state any portion of said lands not exceeding ten acres for church or cemetery purposes, at not less than the price at which said lands may be purchased by individuals under the provisions of this act.

SEC. 33. [Same.]-In the event of there being a school house, cemetery, or church located upon any such land which has been or may hereafter be sold to any individual, corporation, or parties, such school district or school officers thereof, church or association, with the consent of the purchaser or occupant in writing, may purchase land for the purposes specified in section thirty-one, and obtain a deed from the state at the price the purchaser or occupant is to pay, and 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. 34. [Same.]-Sales of land made for the special purposes contemplated in section thirty-one shall be the same as provided for in section six of this act, on the terms provided, and if there be buildings on such lands belonging to the state, such buildings shall be appraised separately.

SEC. 35. [Repealed chapter LXXIV, Laws 1883.]

ARTICLE II.-SCHOOL FUNDS.

SECTION 1. [Unclaimed fees and costs.]-That all unclaimed fees and costs which have been paid and not demanded for two years shall be paid in by the justice or clerk of any court under whose control such unclaimed fees and costs may be to the school fund of the respective county where such moneys belong. [1869, § 1, 158.]

SEC. 2. [Fines and penalties.]-That all fines, penalties, and forfeitures not otherwise specifically appropriated shall be paid in to augment the common school fund of the county where such fines, penalties, and forfeitures properly belong. [Id. § 2.]

SEC. 3. [Escheats.]-That all property, real or personal, which may now belong to this state by escheat, or that may hereafter escheat to this state for want of owners, shall be managed by the governor and the superintendent of public instruction, and such property and the proceeds thereof shall be placed in the school fund of the state. [Id. § 3.]

SEC. 4. [Five per cent. fund.]—That all moneys now in the state treasury or that may hereafter be received from the United States, on account of the five per

SEC. 35. See sec. 3, chap. 77, and art. III, this chapter.

SECS. 1-3. "An act to increase the school fund in Nebraska by penalties, forfeitures, fines, unclaimed fees, and estates." Laws 1869, 158. G. S. 1,000. Took effect February 15, 1869. See Const., sec. 3, art. VIII, 5Neb. 206, art. IX, chapter 83, post.

SEC. 4. "An act to place moneys received from the United States, known as five per cent. funds, to the credit of the permanent school fund of the state." G. S. 999. Took effect Feb. 18, 1873.

cent. fund on cash sales, shall be placed to the credit of the permanent school fund of the state. [G. S. § 1, 999.]

SEC. 5. [Duty of governor.]-That the governor of the state be, and he is hereby empowered and directed to receive from the United States, all moneys that may be due or hereafter become due to the state, and it shall be his duty to deposit the same without delay in the treasury of the state, taking the treasurer's receipt thereof. [Id. $ 2.]

SEC. 6. [Permanent school fund securities-Collection.]-That the state treasurer is hereby authorized and directed to institute suit on behalf of the state of Nebraska in the proper courts of the several counties for the foreclosure and collection of any and all securities held by the permanent school fund of this state, such suits to be prosecuted in the name of the state, against any and all persons indebted to said fund upon such securities, and the judgments recovered and the moneys collected thereon shall belong to said school fund. [1877, § 1, 208.]

SEC. 7. [Duties of attorney general.]-That the attorney general is. hereby required, upon request of said state treasurer to perform all necessary legal labor in the preparation and prosecution of any suit necessary to be brought in order to compel the payment of any of such securities or the interest due or to become due thereon. [Id. § 2.]

SEC. 8. [Cancellation.]-That upon the payment if [of] any mortgage or other security held by said school fund, the state treasurer is hereby authorized and required to discharge and cancel the same of record in the manner required by law. [Id. § 3.]

SEC. 9. [Settlement.]—If the governor, treasurer, and auditor of public accounts shall deem it for the best interests of the state to take a conveyance of the land mortgaged, to secure any loan of the permanent school fund heretofore made, or other land in lieu thereof, then and in that case the treasurer is hereby authorized to cancel and discharge of record any mortgage heretofore given to the state for the benefit of the permanent school fund when such conveyance of such lands as the said governor, treasurer, and auditor of public accounts may require to be made, shall have been duly executed and delivered to the state for the benefit of the permanent school fund. [Id. § 4.]

SEC. 10. [Avails of judgments transferred to school fund.]-That all moneys now in the treasury of the state arising from collections on judgments in favor of the state, as well as all moneys which shall hereafter be collected on such judgments, shall be transferred and paid into the permanent school fund and become a part thereof. [1879, § 1, 177.]

SEC. 11. [Permanent school funds-Bonds stamped.]—That all bonds held by the state of Nebraska and belonging to the permanent school fund shall be stamped and signed by the state treasurer, with the following words: This bond belongs to the permanent school fund of the state of Nebraska, and is not negotiable. Signed by state treasurer. [1887, chap, 79.]

ARTICLE III.-REFUNDING TAXES.

SECTION 1. [To whom paid.]-That moneys heretofore received by the county treasurer of the several counties within the state of Nebraska, on account of taxes levied on lands, the title to which vests in the state of Nebraska, from persons holding said lands under contract of sale or lease, shall be repaid without interest to persons who have paid the same, their heirs, executors, or assigns. [1879, § 1, 149.]

SECS. 6-9. An act to provide for the foreclosure and collection of the securities held by the permanent school fund of Nebraska." Laws 1877, 208. Took effect June 1, 1877.

SEC. 10. "An act to provide for the transfer of moneys received by the treasurer on judgments in favor of the state to the permanent school fund," Laws 1879, 177. Took effect June 1, 1879.

SEC. 11. "An act to prevent the negotiation of bonds held by the state as a permanent school fund in case of loss by theft or otherwise." Laws 1887, chap. 79. Took effect April 4, 1887.

ART. III. "An act to provide for the repayment of moneys paid as taxes on lands, the title to which vests in the state, by persons holding such lands under contract of sale, or by lease." This act held constitutional. 12 Neb. 356. 13 Id. 524. That part of section of 'aw of 1883, chap. LXXIV, sec. 35, which repealed this article held uncon stitutional. 17 Neb. 85. 27

SEC. 2. [Payment.]-That said moneys shall be repaid by the respective county treasurers, on orders in that behalf, made by the county commissioners of the respective counties.

SEC. 3. [Receipt.]-That no orders shall be made by the county commissioner: of any county, for the repayment of money paid as aforesaid into the treasury, except upon the production of a receipt from the treasurer of the [county] acknowledging the payment of money as taxes as aforesaid, on lands owned by the state of Nebraska.

SEC. 4. [Cancelling of taxes.]-The county commissioner[s] of any county where school lands have been wrongfully taxed and the taxes have not yet been paid, shall order the county treasurer to cancel the same.

ARTICLE IV.-MISCELLANEOUS PROVISIONS.

SECTION 1. [Purchaser may surrender portion of lands.]—That any person who has purchased any of the school lands of this state, who may desire to surrender portions, and retain other portions, not less than forty acres of the same, shall, upon executing a release in writing to the state of Nebraska for such lands surrendered, be credited by the county treasurer of the county upon the portion of land retained by such person, the amount of money paid upon such lands so surrendered which shall exceed six per cent. per annum of the unpaid portion of the purchase price of said lands. [1879, § 2, 81.]

SEC. 2. [Bond when sale of school land is enjoined.]—That hereafter, when any person, or persons, shall institute proceeding to prevent the sale of any of the school lands of this state, the judge, or other person, before whom the proceedings shall be commenced, shall require the person instituting such proceeding to enter into a written undertaking with one or more good and sufficient sureties thereto, to the state of Nebraska, in a sum equal at least to fifteen per centum of the value of the lands, the sale of which is sought to be prevented, conditioned, that the plaintiff or person instituting such proceedings, shall pay all costs and damages which may accrue, if it shall finally be determined that such proceedings ought not to have been instituted. [1875, § 1, 123.]

SEC. 3. [Time of payment extended.]-That upon the full payment of all the interest and taxes due thereon, the principal of all notes given in payment for school lands, be, and the same is hereby extended to the first day of January, 1890; Provided, That upon all lands heretofore sold, the purchaser or his assigns, shall make satisfactory proof to the county clerk of the county within which the land is situated, that permanent improvements have been made upon said lands before such extension shall be granted; Provided further, That nothing in this act shall be construed to prevent the purchaser or his assigns, from making full payment of such notes at any time by computing the interest to the first day of January following such payment. [1877, § 1, 210.]

SEC. 4. [Power of county commissioners.]-It shall be the duty of the county commissioners, upon application being made by the purchaser, or his assigns, showing that the provisions of section one of this act has been complied with, to extend the time of payment of the principal of such notes to the time specified in section one of this act. [Id. § 2.]

SEC. 5. The provisions of this act shall extend to and include all sales of school land hereafter made. [Id. § 3.]

SEC. 6. [Parties living on land selected in lieu of sections 16 and 36,]—Any person or persons who shall have resided continuously for a term of ART. IV. SEC. 1. "An act to amend an act entitled An act for the relief of purchasers of school lands,* approved February 19, 1877." Laws 1879, 80. Took effect June 1, 1879.

SEC. 2. "An act to provide the measure of damages in cases where proceedings are instituted to prevent the sale of school lands." Laws 1875, 123. Took effect Feb. 25, 1875. SECS. 3-5. "An act to extend the time of payment of notes given in payment for school lands." Laws 1877, 210. Took effect June 1, 1877. Cited 25 Neb. 423.

SEC. 6.

"An act authorizing parties living on school lands selected in lieu of sections 16 and 36 to purchase the same when the state acquires title." Laws 1875, 123. Took effect Feb. 25, 1875.

five years on lands selected in lieu of sections 16 and 36 for common school purposesshall when the state acquires title thereto, have the privilege of purchasing the same, on the same terms as other school lands are purchased from the state; Provided, That such lands shall be appraised under direction of the county commissioners, at not less than seven dollars per acre; Provided further, That such appraisal shall not include any improvements placed on said lands by the person so purchasing the same. [1875, § 1, 123.]

CHAPTER 81.-SEALS.

SECTION 1. [Use of private seals abolished.]—The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made shall not affect its equity or legality in any respect. [R. S. 376. G. S. 1001.]

SEC. 2. [Instruments heretofore made without seal valid.]—All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have heretofore been executed, without the use of a private seal are, notwithstanding, hereby declared to be legal and valid in all courts of law and equity in this state and elsewhere.

CHAP. 81. Chap. XLIX, R. S. 376. Chapter 71, G. S. 1001. See 20 Neb. 137.

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