river, in Nebraska, at or near Section number fourteeen of Township number ten, north of Range eleven, west of the sixth principal meridian, for the purpose of irrigating lands; Provided, that all actual damage or loss to individuals caused by such dam or the back water thereby, shall be paid by such company, and, Provided, further, that such company shall not divert all the water of such stream from its natural conrse. SEC. 2. This act shall take effect and be in force from and after To Provide for the Sale of the Unsold Lots and Blocks on the town site of Lincoln, and for the Location and Erection of a State University and Agricultural College and State Lunatic Asylum. sioners site for asylum. SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That the Governor, Secretary of State, and Auditor of CommisState, be, and they are hereby appointed Commissioners for the purpose of selling the unsold lots and blocks on the town site of Lincoln, and that said Commissioners are hereby further authorized and directed to locate, on or near the town site aforesaid, a site for To locate a State Lunatic Asylum. That before the sale of lots contemplated lunatic in this section, the said Commissioners shall cause to be surveyed, staked off and platted in accordance with the original plat of Lincoln, the southwest quarter of Section 23, Township 10, north of Range 6 east, said land being owned by the State as "saline lands;" and said Commissioners shall further cause to be established a suit- Shall cause grade to able grade line for all the streets and alleys in Lincoln, which said be estabwork shall be done before any work in grading upon the public reservations shall be commenced, and the expenses for such survey- How exing not exceeding the per diem allowed in the act creating the town shall be of Lincoln, approved June 14th, 1867, shall be paid from the proceeds of the sales of lots. lished. penses paid. the ceeds appropriated. structing SEC. 2. That from the moneys arising from the sale of said $16000 from lots, the sum of sixteen thousand dollars is hereby appropriated for prothe purpose of constructing the dome of the Capitol building, For conenclosing, grading and ornamenting the Capitol grounds, and com- dome of pleting the painting in and about the said building, and the further capitol. sum, from the proceeds of the sale of said lots of fifty thousand dollars, to be expended, under the direction of said Commissioners, asylum. $50.000 for lunatic State Uni in the building, upon such plan as they may adopt, of a State Lunatic Asylum, on the site by them selected as aforesaid, and that the residue of the moneys arising from said sale of lots as aforesaid, $100.000 for not exceeding the sum of one hundred thousand dollars, be and the versity. same is hereby appropriated, to be expended under the direction of said Commissioners in the construction and erection of a suitable building for a State University and Agricultural College, upon the grounds on or near the town site of Lincoln, heretofore selected, or to be selected by said Commissioners and laid off for that purpose, Provided, That if a sufficient amount is not realized from the sale of the lots aforesaid, from which to appropriate as aforesaid $100,000 to build the State University and Agricultural College. The said Commissioners may sell in the same manner, to the highest and best bidder, a sufficient amount of saline lands, not exceeding Forty sec 40 sections, at a price not less than five dollars per acre, to make up the deficiency, Provided further, That said lands shall not be selected for such purposes from any section or part of section on which any salt spring may be located, or a section adjoining the section on which said salt spring may be located. tions of Saline lands may be sold. Bonds of commissiones. SEC. 3. That said Commissioners shall, before entering upon the discharge of their duties under this act, execute bonds to the State in the manner prescribed, and in like amount as required by the provisions of An Act entitled "An Act to provide for the location of the Seat of Government of the State of Nebraska, and for the erection of public buildings thereat," approved June 17, 1867, and that in all their proceedings, in the sale of said lots or blocks, the receipt and disbursement of moneys in the advertisements, and letting of the work herein provided for, and in all things pertaining to their duties as such Commissioners, they shall be governed by the requirements and be subject, as near as may be, to all the regu lations and restrictions imposed upon them by the provisions of said act, Provided, That all such lots and lands shall be sold at Lincoln. SEC. 4. That said Commissioners may determine, in their discretion, the time of the sale of said lots and blocks on the town site of Lincoln, or lands as aforesaid, as well as the time and manner of letting the work on the Lunatic Asylum and State University and Agricultural College, whenever the same is not defined and regulated by the provisions of the act above recited. SEC. 5. This act shall take effect and be in force from atfer and To Amend An Act entitled An Act Supplementary to An Act to Incorporate the SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That section thirty-four of the above entitled act be and Sec. 34 the same is hereby amended so as to read as follows: amended. Mayor and contract for Sec. 34. When the residents of two-thirds of the whole line of the lots bordering on any street or alley in the city, or a part of any street or alley, not less than two and one half squares between any two streets crossing the same, and measuring only the front line of such lots, shall petition the Mayor and Council to have the side walks graded and paved, or the whole width of the street graded Council to or graded or paved, or for either kind of improvement, or all, grading or grading as hereinafter specified, the Mayor and Council shall cause the same and paving to be done, by contract given to the best bidder, after advertising to receive proposals therefor. The Council shall have power to Council levy and collect an annual school tax on all taxable property, not school tax. to exceed five mills on the dollar, and the same amount for special school purposes; Provided however, That none of this fund shall be appropriated to other than school purposes. streets. may levy Sec. 37, amended. Council the tax. SEC. 2. Section thirty-seven of said act is amended so as to read as follows: Sec. 37. In case any of the owners of lots shall fail or refuse to pay the amount due by them to such contractor, upon any such estimate as provided for in the next preceding section, said Mayor and Council shall, at the request of such contractor, Mayor and proceed to collect the amount so assessed, by an action in the name may collect of said city, against the owners, and pay the same over to the contractor, and such estimate shall be a lien upon the property assessed, until the same is paid; or the Treasurer may, at any time after said Treasurer debts have been due for six months or more, proceed to sell the said property. property, from which sale there shall be no redemption, first giving three weeks notice of time and place of sale, in a newspaper, published in said city, and pay out of the proceeds arising from such sale, first, the costs and expenses of said sale, then the respective amount due the contractor, and the balance, if any, to the owner or may sell Sec. 25 amended. Council may make by-laws his or her legal representatives; Provided, That if no owner be found, and the money remains unclaimed two years, the same shall be paid into the school fund of the district and become a part of said fund. It is hereby provided that all blocks from number one to number forty-one in regular order as also the east half of block forty-two be and the same is hereby vacated, and the title thereto shall revert and be vested in the city of Arago, the same as streets or other public grounds, without effecting the boundaries of the incorporation of said city. SEC. 3. Section twenty-five of said act is amended so as to read as follows: Sec. 25. The City Council shall have power to make other by-laws, not inconsistent with the laws of this State, and and enforce necessary to carry out the objects of the corporation, and enforce the game. the observance of all by-laws and ordinances, by enacting such penalties for their violation, not exceeding one hundred dollars for any one offence, which may be recovered in action at law, with costs as they shall deem right and proper. Sec. 28, SEC. 4. Section twenty-eight of said act shall be and the same amended. is hereby amended so as to read as follows: Sec. 28. If the pen Defendant may be committed to jail. alty or forfeiture upon which judgment is obtained is not paid, or SEC. 5. All acts and parts of acts inconsistent with this act are hereby repealed; Provided however, That all the rights, immunities and privileges granted to said city under existing acts, are hereby continued and confirmed, and this act is hereby declared a public act and may be read in evidence in all the courts of law and equity without proof. SEC. 4. This act to be in force and effect from and after its passage. Approved February 15, 1869. AN ACT Supplemental to an act entitled an act, to establish and define the boundaries of the County of Colfax, approved the 15th day of February, 1869. SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That the county of Colfax shall be and is hereby attached to the Eleventh Senatorial District to the Fourteenth Rep 257 resentative District, and shall be and constitute a part of the same. Platte shall be and filed in SEC. 2. That the records of deeds, mortgages, school lands, as- Records of sessment rolls, tax lists, District and Probate Court records of the county county of Platte, so far as the same relate to or affect any part of transcribed the Territory now included within the boundaries of Colfax county, clerk's folshall be transcribed from the records of said county of Platte, and fax county. filed in the office of the County Clerk of the said county of Colfax, by the County Clerk of Platte county; and the County Clerk of the said county of Platte shall be entitled to receive the same fees for such services, as he is now entitled to receive by law for other similar services, which fees shall be paid by the said county of Colfax, and it shall be the duty of the County Commissioners of said Colfax county, to furnish suitable books into which such records shall be transcribed. the treas Platte SEC. 3. All moneys in the hands of the Treasurer of said Moneys in Platte county, at the date of the passage of this act shall be di- ury of vided pro rata between the counties of Platte and Colfax, accord-County ing to the amount of taxes levied upon the persons and property vided. residing and being in each of the said counties respectively. SEC. 4. It shall be the duty of the Judge of the Third Judicial District of this State, to hold a term of the District Court within and for said county, at Schuyler, on the 4th Monday of October, in each year, and the said county of Colfax is hereby attached to and made a part of the Third Judicial District aforesaid. shall be di District court. ness of SEC. 5. The county of Colfax is hereby required to assume and pay Indebtedits just proportion of the indebtedness of Platte county, which pro- platte portion shall be ascertained by the County Commissioners of Platte county. county as soon as practicable, and it shall be their duty to ascertain the pro rata share of such indebtedness, and certify the same to the County Commissioners of Colfax county for payment. The said pro rata share shall bear the same relation to the whole amount of such indebtedness as the amount of tax levied in Colfax county bears to the amount of tax levied in the two counties for this present year, and the said County Commissioners of Colfax county shall then at once provide for the payment of such share of such indebtedness. Gov ernor appoint three suitable persons, residents of said county of Colfax, SEC. 6. It shall be the duty of the Governor of this State to shall ap to act as County Commissioners of said county until the next gen F6 ар Co oint nty nmishers. |