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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 (20) years the lessee shall deliver to the state the said lands. Provided, That Appraisement any and sale of lessee of said Saline lands may apply in writing to leased lands. the Chairman of the board of County Commissioners or supervisors, as the case may be, to have the lands embraced in said lease, or any part thereof, appraised for the purpose of sale, and when so appraised, said Saline lands embraced in such application shall become subject to all the provisions governing the sale of educational lands belonging to the State as provided in section 1 of an act entitled An act to Amend section fifteen (15) of Article (1) of Chapter eighty (80) of the Consolidated Statutes of 1887 entitled School Lands and Funds," approved March 28, 1891, being section 3,830 of the Consolidated Statutes of Nebraska of 1891.
SECTION 2. That section six (6) of said act approved April 5, 1889, being section 3,810 of the Consolidated Statutes of Nebraska of 1891, be amended so as to read as follows:
Amending sec. 17, art. 2, chap. 69, Comp.Stats.,
181; sec. 3610,
Disposition of moneys accru
Sec. 6. "The Board of Public Lands and Build-note ings shall place all moneys accruing from the operation of this act in the permanent school fund of this state, subject to the same acts governing the said permanent school fund."
SEC. 3. Said section five (5) and six (6) as heretofore existing are hereby repealed. Approved April 10, A. D. 1893,
3, art. 7, chap.
[Senate File No. 210.]
AN ACT to amend Sections three (3), four (4), and five, (5) of an act, entitled: "An act to provide for the incorporation of street railroad companies within the cities of this state," approved February 15th, 1877, and to repeal said sections.
Be it Enacted by the Legislature of the State of
SECTION 1. That section three (3) of an act, 72, Comp.Stats, entitled "An act to provide for the incorporation of street street railroad companies within the cities of this state," approved February 15th, 1877, be amended so as to read as follows:
Articles of incorporation of street railroads;
Section 3. The articles of incorporation must route; termini; fix the termini of the street railroad which the company proposes to construct (and describe the precise route between such termini, which shall be one continuous line from the terminus to the other,) and also name the streets through which said railway is to be constructed; (said articles shall also state the length of the railway so proposed to be constructed, which shall not be authorized or consented to by the electors of any such city, at any one election, to exceed the length of five miles.)
4, art. 7, chap. 72, Comp.Stats.,
SECTION 2. That section four (4) of said act be 1891; sec. 625," and the same is hereby amended so as to read as follows:
Vote on franchise; notice.
Section 4. The question of the consent of a majority of the electors of any such city to the constructing and operating of any such street railroad, shall be determined by submitting the question to the electors of such city at an election to be held for
that purpose, and of which election it shall be the
duty of the mayor of any such city upon the request
of the common council of said city to give at least ten days' notice by publishing a notice in some newspaper published in such city, which notice shall state the termini of said proposed street railway as well as describe the precise route between such termini which shall be one continuous line from one terminus to the other, and also name the streets through which said railway is to be constructed, which proposed railway shall not exceed five miles in length; the form in which such notice shall be taken and the time when such election shall be held, and no election shall hereafter be held except under this provision; And provided further, That no fran- Plat of prochise to construct street railways shall be hereafter granted, nor shall any election be hereafter held to vote upon any proposition to give the consent of the electors of any such city to the construction of any street railway, unless there shall have been filed at least ten days before such election, a map or plat showing the route and location of the proposed street railway in the county office wherein are kept the record of of deeds of real estate and also whether the proposed railway along such route is to be a single or double track.
SECTION 3. That section five (5) of said act shall Amending sec. be amended to read as follows:
5, art. 7, chap. 72, Comp. Stats., 1891; sec. 626, Consol. Stats.,
Section 5. Every such election shall be held at 1891. the time designated in the notice and shall be held held, etc. in the same manner and at the same places as the general city elections, and the returns shall be canvassed by the council of such city at its next meeting after any such election and the result declared
and if a majority of the votes cast at such election shall be in favor of the constructing and operating Certificate of of such proposed street railroad, the council shall cause the city clerk to make out a certificate of the result stating that the consent of a majority of the electors of such city has been given to the constructing and operating of such railroad, and deliver the same to the chief officer of such street railroad company, who shall cause the same to be recorded in the office of the county clerk where the articles of association of such street railroad company are recorded, and in the same record, and such certificate shall be prima facie evidence of the facts stated therein; and thereupon, such street railroad company shall be authorized to proceed and construct and operate such street railroad, as described in its articles of association, or any portion thereof, subject to such rules and regulations as may be established by ordinances of such city.
Street railroads; how constructed, etc.
Provided, That any street railroad hereafter authorized to be constructed shall be built upon the line or route so described in said notice and plat, and not otherwise, and shall be constructed from one of the termini so fixed continuously to the other, and shall be a single or double track as shown on such plat; but no street railway shall hereafter be constructed or consent or authority therefor be given by any city or its electors, upon or along any part of any street in any city, upon or along which any street railway has been already constructed, and where any other company or party owns any street railway upon any part of such street it is hereby authorized and empowered to consent to the use of any part of its railway by any
other company upon such terms as may be agreed upon by them; provided that no such use shall be allowed or enjoyed without its consent.
Provided, further, that no authority to construct consent of street railway on any street of any city in this state under any franchise hereafter granted, or consent of the electors of any, such city thereto, hereafter given shall be operative or effective unless the owners of a majority of the feet front of the real property abutting upon the street or streets upon which it shall be proposed to construct any such street railway, shall in writing consent thereto, which written consent shall be filed in the office of the city clerk of the city wherein such street is situated before any election to give the consent of the electors of such city shall be called.
SECTION 4. That said sections three (3), four Emergency. (4), and five (5), of said act, entitled "An act to provide for the incorporation of street railroad companies within the cities of this state" approved February 15th, 1877, be and the same are hereby repealed.
This bill having remained with the governor five (5) days, Sundays excepted, (the legislature having adjourned sine die on the date of the presentation of this bill to the Governor) and having failed to file it in my office with his objections within five (5) days after adjournment of the legislature, it has thereby become a law.
Witness my hand this 14th day of April, A. D. 1893.
C. C. CALDWELL,
Deputy and Acting Secretary of State.