SEC. 141 h. [Refunding.]-That counties are hereby authorized to refund their bonded indebtedness as provided for in this act, at dollar for dollar of said indebtedness, irrespective of the fact that said indebtedness exceeds ten per cent of the present valuation of the property of said county and the same shall be registered as provided for in this act; and the refunding bonds, hereby authorized, may be issued by the commissioners of the county without submitting the proposition therefor to a vote of the electors.

PLATS.

SEC. 142. [Irregular tracts of land.]—It shall be the duty of the county board of each organized county in the state of Nebraska, to cause to be surveyed by a competent surveyor, all irregular subdivided tracts or lots of land, other than regular government subdivisions, and cause the same to be platted on a scale of not less than ten (10) inches to the mile; Provided, however, That where any county has in its possession the correct field notes of any such tract or lot of land, a new survey shall not be necessary, but such tracts may be mapped from such field notes.

SEC. 143. [Maps.]-The said board shall cause duplicate maps to be made, on which said tracts or lots of land shall be accurately described by lines, and numbered from one (1) up to the highest number of such tracts in each section, which numbers, together with the number of the section, town, and range, shall be distinctly marked on such maps. One of said maps shall be conspicuously hung in the office of the county clerk, and the other in the office of the county treasurer.

SEC. 144. [Field notes-Records.]-The said board shall also cause to be entered in duplicate, in suitable books to be provided for that purpose, the field notes of all such tracts of land within their respective counties, wherein shall be described each tract, according to survey, and each tract shall be therein numbered to correspond with its number on the maps. One of such books or field notes shall be filed in the office of the county clerk, and the other in the office of the county treasurer.

SEC. 145. [Description of lots.]-When the maps and books of field notes shall be filed as hereinbefore provided, the description of any tract or lot of land described in said maps, by number, section, town, and range, shall be a sufficient and legal description thereof, for revenue and all other purposes.

UNORGANIZED COUNTIES AND TERRITORY.

SEC. 146. [Unorganized territory.]-All counties which have not been organized in the manner provided by law, or any unorganized territory in the state, shall be attached to the nearest organized county directly east for election, judicial and revenue purposes; Provided, That Sioux county shall be attached to Cheyenne county for all the purposes provided for in this section; Provided further, That if no county lies directly east of any such unorganized territory or county, then such unorganized territory or county shall be attached to the county directly south, or if there be no such county, then to the county directly north, and if there be no county directly north, then to the county directly west of such unorganized territory or county. [Cited 12 Neb. 380, 386.]

SEC. 147. [Effect of such attachment.]-The county authorities to which any unorganized county or territory is attached, shall exercise control over, and their jurisdiction shall extend to such unorganized county or territory the same as if it were a part of their own county.

SEC. 148. [When two counties directly east.]-If two or more organized counties, or portions thereof, lie directly east of any unorganized county, then the portions of territory of such unorganized county, which lie either north or south of a line running directly west and in continuation of the boundary

line between such organized counties, shall be attached to the organized county directly east of such territory, for all purposes of this subdivision.

BOOKS AND STATIONERY.

SEC. 149. [Stationery, printing, etc., when furnished by contract. In all counties where the cost of furnishing the officers with books, blanks and stationery, shall exceed the sum of $200 per year, the supplies for such purposes shall be let in separate contracts to the lowest competent bidder, who shall give bond for the faithful performance of his contract with at least two good and sufficient sureties, residents of the state. The bond required by this section shall be approved by the county board and the sureties therein shall justify in the same manner as sureties on official bonds.

SEC. 150. [Estimates by county clerk.]-It shall be the duty of the county clerk on or before the first day of December, annually, to prepare separate estimates of the books, and blanks, and stationery, required for the use of the county officers, during the coming year, and which by law are not required to be furnished by the state, and during the first week in December he shall publish a brief advertisement in one newspaper published in his county, stating the probable gross number of each item of books, blanks, and stationery required by such county during the year following the first day of January next ensuing, and inviting bids therefor, which bids shall be filed with said clerk on or before the said first day of January.

SEC. 151. [Award of contract.]-The county board shall, at their first meeting in January in each year, open said bids, and award the contract for the furnishing of all such books, blanks, and stationery as may be required by county officers, to the lowest bidder competent under the provisions of this subdivision, and who complies with all its provisions; Provided, That the county board may reject any or all bids.

SEC. 152. [Accounts, how paid.]-The accounts for books, blanks, and stationery furnished under said contract shall be audited and paid as other accounts against the county, and no county board or other county officer shall procure any such books, blanks, and stationery from any person other than the contractor or his assignee, during the existence of such contract, and no account therefor shall be paid by the county.

SEC. 153. [Repealed act of 1873, G. S. 232; Secs. 1-6, chap. 5, R. S. 27; chap. 8, R. S. 32; chap. 50, R. S. 376: chap. 51, R. S. 378; act of 1873, G. S. 248; Laws 1877, 169, 219; chap. 10, R. S. 45; and all acts inconsistent with its provisions.]

SEC. 154. [Provided for act to take effect Sept. 1, 1879.]

ARTICLE II.-REMOVAL FROM OFFICE.

SECTION 1. [Causes for removal.]—All county officers, including justices of the peace, may be charged, tried, and removed from office for official misdemeanors in the manner and for the causes following: First. For habitual or wilful neglect of duty. Second. For gross partiality. Third. For oppression. Fourth. For extortion. Fifth. For corruption. Sixth. For wilful mal-administration in office. Seventh. For conviction of a felony. Eighth. For habitual drunkenness.

SEC. 2. [Charges.]-Any person may make such charge, and the board of commissioners shall have exclusive original jurisdiction thereof by a summons. SEC. 3. [Mode of procedure.]-The proceeding shall be as nearly like those in other actions as the nature of the case admits, excepting where otherwise provided in this chapter.

SECS. 149-152. Bids must conform to advertisement. Bid to furnish articles at "what it cost to lay them down," held bad. 13 Neb. 57.

ART. II. Two members of board cannot remove third from office. 5 Neb. 403. Judgment of ouster must be entered. 10 Id. 456. Proceedings must be by complaint containing charges and specifications, verified by oath of elector. Id. County surveyor; removal of government corner stone sufficient cause for his removal from office. 14 Neb. 184. Commissioners have jurisdiction. 15 Neb. 248. Removing county treasurer. 10 Neb.

SEC. 4. [Complaint, how brought.]-The complaint shall be by an accuser against the accused, and shall contain the charges with the necessary specifications under them, and be verified by the affidavit of any elector of the state that he believes the charges to be true.

SEC. 5. [Copy of complaint.]-It will be sufficient that the summons require the accused to appear and answer the complaint of A. B. (naming the accuser) for "official misdemeanors; " but a copy of the complaint must be served with the summons.

SEC. 6. [Pleadings.]—No answer or other pleading, after the complaint, is necessary, but the defendant may move to reject the complaint or demur thereto, upon any ground rendering such motion or demurrer proper; and, he may answer if he desires, and if he answer, the accuser may reply or not. But, if there be an answer and reply, the provisions of this statute relating to pleadings in actions shall apply.

SEC. 7. [Judgment of removal.]-The questions of fact shall be tried as in other actions, and if the accused is found guilty, judgment shall be entered removing the officer from his office, and declaring the latter vacant, and the clerk shall enter a copy of the judgment in the election book.

SEC. 8. [Costs.]-The accuser and the accused are liable to costs as in other actions.

SEC. 9. [Vacancy.]-When the accused is an officer of the court, and is suspended, the court may supply his place by appointment for the term.

ARTICLE III.-MISCELLANEOUS ACTS AND PROVISIONS.

SECTION 1. [Bonds for coal.]-The board of county commissioners of each county in this state are hereby authorized and required to submit to the legal voters thereof, on presentation of a petition of twenty resident freeholders of said county, the proposition to issue bonds, not exceeding twenty thousand dollars, the proceeds of which shall be applied to defray the expenses of boring and prospecting for coal in their respective counties under the direction of the commissioners thereof, and said boards are hereby authorized to issue the said bonds for said purpose, in case the vote shall be favorable to the proposition; Provided, however, That said commissioners may, in their discretion, refuse to submit such inquiry to a vote of the people until the next general election after the presentation of such petition. [G. S. § 1, 249.]

SEC. 2. [Law governing.]-The act entitled "An act to enable counties, cities and precincts to borrow money upon their bonds, or to issue bonds to aid in the construction or completion of works of internal improvement in this state, and to legalize bonds already issued for such purpose," approved February 15, 1869, so far as applicable, shall govern the proceedings to submit said proposition, issue said bonds and provide for payment of the same. Provided, This act shall not apply to the counties of Burt, Washington and Sarpy. [Id. § 2.]

SEC. 3. [Fees in criminal cases.]-That the board of county commissioners of the several counties in this state are hereby authorized to audit and allow the fees that may be fixed by law for services that may hereafter be performed by justices of the peace, constables and sheriffs in their respective counties, in the arrest and examination of offenders charged with felony, or misdemeanor.

SEC. 4. [Transfer of funds.]-That the board of county commissioners of the several counties of the state, may appropriate to the county general fund any county sinking fund in the county treasury not levied for the payment of any bonded indebtedness; also any county moneys from whatever source, excepting

SECS. 1-2. "An act to authorize counties to issue bonds to aid in boring for coal in their respective counties." G.S. 249. Took effect March 3, 1873. SEC. 3. "An act to provide for paying officers for services rendered in cases of felony." Laws 1871, 133. As amended 1873. G. S. 250. The words "or misdemeanor," at end of section are unconstitutional. 10 Neb. 299.

SEC. 4. "An act to transfer surplus county sinking and other funds to the county general fund." Laws 1877, 214. Transfer only when debt is paid. 12 Neb. 356.

the moneys levied for school purposes, that remain on hand in the county treasury, and are no longer required for the purposes for which the same were levied.

SEC. 4 a. [Same.]-The board of county commissioners of any county in the state of Nebraska shall have the power to transfer any unexpended balance or any portion thereof remaining in the county general fund at any time to any other county fund, when the interests of the county seem to demand such transfer; Provided, That in no case shall such transfer reduce the amount of said county general fund below the sum of two thousand ($2,000) dollars. [1888, chap. XX.] SEC. 5. [Removal of nitro glycerine and explosive material.The board of county commissioners of each organized county shall have the power to abate or remove any deposit of nitro glycerine, explosive oils, gun powder, or other dangerous explosive or inflammable material which is so deposited or situated that if ignited, it would, in their opinion, endanger the life, or buildings, or property of any person; and to cause, by the order of said board, that the owner or owners of such material remove the same; and in case the owner or owners of such material, or the person or persons having charge of the same do not remove the same to some place designated or agreed to by said board, within ten days after personal service of such notice to remove the same, each and every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars, nor less than twentyfive dollars. [1879 § 1, 66.]

SEC. 6. [Publications in foreign language.]-That in counties in this state where a newspaper is published in the German, Swedish and Bohemian languages, and the said newspaper has regular daily, tri-weekly, weekly circulation of fifteen hundred copies or more, and it shall be proven by the affidavit of the publisher or foreman thereof to the board of county commissioners in said county that the said paper has such a circulation, it shall be the duty of the county commissioners in said county to have published in said newspaper a report of all the proceedings of said board of county commissioners at each meeting; said report to be prepared by the clerk of said county and delivered to the publisher of said paper, or left at the office of said paper within two days after each meeting of said board of county commissioners. All advertisements of lands offered for sale by the county treasurer of said county shall be delivered to the publisher of said German, Swedish and Bohemian papers, or left at the office of said paper for publication on the same day when the said advertisement shall be inserted in any paper or papers printed in the English language and published in said county. [1879 § 1, 179.]

SEC. 7. [Rate.]-The rate charged for said publication of said reports, notices, and advertisements mentioned in section one of this act shall be the same in said papers printed in the German language as is provided by law to be paid for legal advertisements in papers in this state printed in the English language. [Id. § 2.]

SEC. 8. [Selection of papers.]-If any counties in this state shall contain two or more papers printed in the German language, and the majority of the county commissioners shall be satisfied upon proper proof that two or more of said papers have an actual and regular circulation of fifteen hundred copies or more, then it shall be the duty of the board of commissioners at their first meeting in January of each year, to elect by ballot the German paper published in said county, which shall publish the reports, notices, and advertisements as aforesaid, during the year next ensuing after said meeting. [Id. § 3.]

SEC. 9. [Purchase of real estate.]-That the county board shall have power to acquire, take, hold, and appropriate so much real estate as shall be nec

SEC. 4a. "An act to authorize the transfer of certain county funds from one fund to another."

essary and convenient for the use of the county, to construct county buildings. Provided, That no appropriation of private property for the use of the county aforesaid shall be made until full and just compensation therefor be first made to the owner thereof. [1879 § 1, 184.]

SEC. 10. [Damages.]-The damages to be paid by a county for any real estate taken as aforesaid, when not agreed upon, shall be ascertained and determined by commissioners to be appointed by the county judge of said county as hereinafter provided. [Id. § 2.]

SEC. 11. [Assessment of damages-Appeal.]-In the event that damage cannot be agreed upon, the county judge of the county seeking to appropriate such real estate shall, upon application of the county board, or the owner of the real estate, direct the sheriff of said county to summon six disinterested freeholders of said county, to be selected by said judge and not interested in a like question, unless a smaller number is agreed upon by said parties, whose duty shall be to inspect said real estate and assess the damages which said owner will sustain by the appropriation of his land to the county as aforesaid, and make report in writing to the county judge of said county, who after certifying the same under his seal of office, shall transmit the same to the county clerk of said county for record, and the said county clerk shall file, record, and index the same in the same manner as is provided for the record of pleads [deeds] in this state, and such record shall have the like force and effect as the record of deeds in pursuance of the statute in such case made and provided; and if said county board shall at any time before they enter upon said real estate for the purpose of constructing said county buildings, pay to said county judge for the use of said owner the same [sum] so assessed and returned as aforesaid, they shall thereby be authorized to construct and maintain their county buildings upon said premises; Provided, That either party may have the right to appeal from such assessment of damages to the district court of said county in which such land is situated, within sixty days after said assessment be filed with said county judge, and in case of such appeal the decision and finding of the district court shall be transmitted to [by] the clerk thereof, duly certified, to the county clerk to be filed and recorded as hereinbefore provided in his office. But such appeal shall not delay the prosecution of the work on said county buildings, if such county commissioners shall first pay or deposit with said county judge the amount so assessed by said freeholders, and in no case shall said county board be liable for the costs on such appeal unless the owners of such real estate shall be adjudged entitled upon the appeal to a greater amount of damages than was awarded by said freeholders. The county board shall in all cases pay the cost of the first assessment; Provided, That either party may appeal from the decision of the district court to the supreme court of the state, and the money so deposited shall remain in the hands of the county judge until a final decision be had subject to the order of the supreme court. [Id. § 3.]

SEC. 12. [Vacancy-Oath-Compensation.]-In case of the death, absence, refusal, or neglect of any of said freeholders to act as commissioners, it shall be the duty of the sheriff of said county to fill vacancies by forthwith summoning disinterested freeholders of the county to act as such commissioners. Said freeholders before entering upon the discharge of their duties shall take and subscribe an oath honestly and truly to assess the damages which such owner or owners shall sustain by the appropriation of his lands to the county, which said oath shall be filed in the office of said county judge. Said appraisers shall each receive two dollars per day for their services, and the same shall be taxed in the bill of costs. [Id. § 4.]

SEC. 13. [Notice to non-residents.-If upon the selection of a site for county buildings it shall be found necessary to acquire and appropriate the lands of any non-resident owner, the said county board shall give four weeks notice to such owner, if known, and if not known, by description of such real estate by publication four consecutive weeks in some newspaper published in the county where