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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.

3760. For the purpose of paying for school books, the school district officers may draw an order on the county or township treasurer to the amount of school books ordered.

3751. 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.

3762. 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.

3763. The state superintendent of public instruction shall, within thirty 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.

3764. It shall be the duty of the state superintendent of public instruction to prepare and have printed a form of contract between the 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.

3765. 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 hereinbefore 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.

3766. 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.

3767. 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 45.-PUBLIC LANDS AND BUILDINGS.

Secs. 3768 to 3784. "An act establishing a board of public lands and buildings of the state of Nebraska, and defining their duties.' 1877, p. 188. In force February 13.

3768. That the board created by section 19 of article 5 of the constitution o the state of Nebraska, consisting of the commissioner of public lands and buildings, the secretary of state, treasurer, and attorney general of the state, shall hereafter be known in law as the "Board of Public Lands and Buildings of the State of Nebraska," and shall have general supervision and control of all the public lands, iots, and grounds, and all institutions, buildings, and the grounds thereto, now owned or that may hereafter be acquired by the state, including the saline lands, together with all salt springs, the penitentiary lands, internal improvement lands and lots, as well as the state capital building and grounds, the state penitentiary and grounds, the state hospital for the insane and grounds, the asylum for the deaf and dumb and grounds, the asylum for the blind and grounds, and all other lands, lots, grounds, and buildings now belonging or hereafter acquired by the state; Provided, however, That all lands, lots, grounds, and buildings, or institutions set aside for and devoted to educational purposes, be and hereby are excepted from the provisions of this act.

This does not empower the board to appoint officers of state institutions. This power is in the governor. 18, 340 (25 N. W., 312). Board has not power to appoint and remove officers of state institutions. 6, 291. See 7, 44.

3769. The board of public lands and buildings shall have the power to make general direction, according to law, for the sale, leasing, or other disposition of the lands, lots, and grounds belonging to the state as aforesaid, and shall give warrant by their proceedings as such board to the commissioner of public lands and buildings for his action in the sale or leasing of such lands, lots, and grounds, and shall require of the said commissioner a full and detailed report of all such sales, leases, and the funds thereby acquired as hereinafter directed.

3770. The board shall have general custody and charge of all buildings and institutions and the grounds thereto coming under the provisions of this act, and shall be responsible for the proper keeping and repair of the same, and shall require from the commissioner of public lands and buildings, who shall be direct custodian of such institutions, buildings, and grounds, a report, at least once in every three months, as to the coudition of the same; Provided, That no additions shall be made to any public buildings without special appropriation of the legislature.

3771. The said board shall have power, under the restrictions of this act, to direct the general management of all the said institutions, and be responsible for the proper disbursement of the funds appropriated for their maintenance, and shall have reviewing power over the acts of the officers of such institutions, and shall, on the part of the state, at regular meetings as hereinafter directed, audit all accounts of such officers, including the accounts of the commissioner of public lands and buildings, except his salary.

3772. At the regular meeting of the board it shall be their duty to examine the accounts of the public officers contemplated in this act and to determine whether the same are entitled to be paid out of the moneys appropriated for the purpose of maintaining the institutions for which they are charged, and if correct, shall approve the same, which approval shall be signed by the president and countersigned

by the secretary under date of such action; and if the accounts be incorrect or exorbitant, or not entitled to payment from such appropriations, the same shall be disapproved and returned to the claimant, such board keeping a record of the

same.

3773. When the accounts above mentioned have been filed with the board, and shall have been audited and approved by them, the auditor of public accounts is hereby authorized and directed, upon the presentation to him of such accounts so authenticated, to issue his warrant on the treasurer against the proper fund or appropriation, for the amount therein stated, to the claimant or his assignee. And no accounts coming under the provisions of this act shall be entitled to payment until they have been so approved by the said board.

3774. It shall be the duty of the board to take cognizance of all charges or complaints made against the said public officers, and at a regular meeting, to give an impartial hearing to such charges, and the defense against them, if any, and report the charges, evidence, and their conclusions in the matter, to the governor, within six days after the determination of such investigation.

3775. The said board shall meet at least once in each month, on the first Monday thereof, for the transaction of business; the commisioner of public lands and buildings shall be ex-officio president of the board, and shall preside at all meetings and execute all other duties prescribed for him in this act, and shall sign all papers and instruments or documents that shall be approved, made, or directed by the board.

3776. The secretary of state shall be ex-officio secretary of the board, and shall keep a careful record of all the proceedings of the board in a substantial and well bound book, to be kept for that purpose, and which shall be known as the "Record of the proceedings of the board of public lands and buildings of the state of Nebraska," and the said secretary shall countersign all papers, instruments, or documents approved, made, or directed by the board.

3777. It shall necessary for at least three members of said board to be present at any meeting for the transaction of business, and in absence of the president or secretary, the place shall be filled by election pro tempore; Provided, That no meeting for business shall be held without the presence of one or the other of them.

3778. The president shall have the power to call the board together in special meeting, if in his judgment the public good requires the same to be done for any purpose contemplated in this act; and such call shall be by written notice, stating the purpose of meeting, which notice shall be delivered to each member of the board.

3779. It shall be the duty of the board at their first meeting after the passage of this act to direct the commissioner of public lands and buildings to procure an authentic list of all the lands that have come into possession of the state by donation or purchase, or otherwise, that come under the provisions of this act, and enter the same in numerical order, each under the class of lands to which it belongs, in a tract book to be procured and kept for that purpose; and they shall see that all deeds of conveyance, confirmation of selection, certificate, or other direct evidence through which the state derives title to the said lands, are recorded in the counties in which the lands are situated; and that all original documents conveying or confirming titles of land to the state shall be collected and placed in the office of the commissioner of public lands and buildings, and by him recorded in a book to be kept for that purpose; and the said commissioner shall thereafter be the proper custodian of all such records and papers relating to the lands mentioned in this act.

3780. When such lists shall have been obtained, the board shall proceed with the said commissioner to check from land records now in possession of the state, all the lands and lots that have been alienated by sale, donation, or otherwise, and by what other means necessary ascertain and enter under a corrected list, a true list of all the lands, lots, and grounds, now the property of the state as aforesaid, specifying for what purpose such lands, lots, or grounds are dedicated and set aside, and entering in a column opposite the tract in each case the appraised value of the same; which books and lists, when completed, shall be kept in the office of the commissioner of public lands and buildings.

3781. The board shall, as soon as practicable, provide for an appraisement of all such lands and lots, and enter the same of record as aforesaid; and shall, when the public good requires the same, as directed by the legislature, authorize the commissioner of public lands and buildings to advertise and sell, according to law, such portion of said lands and lots as is necessary to meet the requirements of the state as directed by law.

3782. The board shall require the several officers in charge of the institutions and buildings of the state, coming under the provisions hereof, to make out a correct schedule of all property in their charge belonging to the state, to be certified under oath, which shall be filed with the secretary of the board, and a copy thereof furnished to the commissioner of public lands and buildings, together with a list of buildings and grounds.

3783. All laws now in force relating to the public lands and buildings not in conflict with the provisions of this act shall apply to this board, and all laws conflicting therewith are hereby repealed.

3784. It shall be the duty of said board, at their first meeting, to cause to be published in at least three papers of general circulation, one of which shall be published in Lincoln, one in Omaha, and one in Chicago, advertisements for sealed proposals for the leasing of penitentiary and penitentiary grounds and convict labor. Said proposals shall provide further for payment of all penitentiary expenses, including salaries of officers, and other help, the heating of the buildings, boarding and clothing convicts. The cost at all times shall be estimated per capita. Said board shall have power to make contracts with lowest bidder, for a term of not more than ten years; Provided, No bid shall be received where the net cost per capita shall exceed sixty cents per day, and the estimate shall be on convicts only. Any contract entered into shall provide that the general management and discipline of the convicts shall be under the control of said board and the warden, and no contract shall be made which shall deprive the convicts of any privileges granted by law. Secs. 3785 and 3786 formed ch. 24, R. S. 1866, p. 186, entitled "Improvements on Public Lands."

3785. All contracts, promises, assumpsits, or undertakings, either written or verbal, which shall be made hereafter in good faith, and without fraud, collusion, or circumvention, for sale, purchase, or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts.

3786. All deeds of quit-claim, or other conveyance, of all improvements upon public lands, shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple in the premises.

Sale of interest in homestead claim on public lands together with the improvements, good consideration for promissory note. 7, 422. Note given for purchase price of improvements is valid. 13, 505 (14 N. W., 480). Sale and surrender of a homestead claim on public lands, together with improvements thereon, good consideration for a promissory note. 21, 646 (33 N. W., 271). Surrender of homestead right and improvements good consideration formoney. 21, 368, (32 N. W., 155).

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