Jurisdiction of
County courts.

Appeals to district court.

Jurisdiction of justices of the peace.

Laws to be uniform.

county court of such county, and whose term of office shall be two years.

SEC. 16. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians and settlement of their accounts, in all matters relating to apprentices; and such other jurisdiction as may be given by general law. But they shall not have jurisdiction in criminal cases in which the punishment may exceed six months imprisonment, or a fine of over five hundred dollars; nor in actions in which title to real estate is sought to be recovered, or may be drawn in question; nor in actions on mortgages or contracts for the conveyance of real estate; nor in civil actions where the debt or sum claimed shall exceed one thousand dollars.

SEC.. 17. Appeals to the district courts from the judgments of county courts shall be allowed in all criminal cases, on application of the defendant; and in all civil cases, on application of either party, and in such other cases as may be provided by law.

SEC. 18. Justices of the peace and police magistrates shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law; Provided, That no justice of the peace shall have jurisdiction of any civil case where the amount in controversy shall not exceed two hundred dollars; nor in a criminal case where the punishment may exceed three months imprisonment, or a fine of over one hundred dollars; nor in any matter wherein the title or boundaries of land may be in dispute.

SEC. 19. All laws relating to courts shall be general and of uniform operation, and the organization, jurisdiction, powers, proceedings and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judg

ments and decrees of such courts severally shall be uniform.

SEC. 20. All officers provided for in this article Terms of office. shall hold their offices until their successors shall be qualified, and they shall respectively reside in the district, county or precinct for which they shall be elected or appointed. The terms of office of all such officers, when not otherwise prescribed in this article, shall be two years. All officers, when not otherwise provided for in this article, shall perform such duties and receive such compensation as may be provided by law.

office of judges,

SEC. 21. In case the office of any judge of the vacancies in supreme court, or of any district court, shall become how filled. vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor shall be elected and qualified, and such successor shall be elected for the unexpired term at the first general election that occurs more than thirty days after the vacancy shall have happened. Vacancies in all other elective offices provided for in this article, shall be filled by election, but when the unexpired term does not exceed one year the vacancy may be filled by appointment, in such manner as the legislature may provide.

SEC. 22. The state may sue and be sued, and the legislature shall provide, by law, in what manner and in what courts suits shall be brought.

Suits by and against state.

chambers.

SEC. 23. The several judges of the courts of record Jurisdiction at shall have such jurisdiction at chambers as may be provided by law. SEC. 24.

All process shall run in the name of Style of "The State of Nebraska," and all prosecutions shall be cess. carried on in the name of "The State of Nebraska."

pro

Who are

electors.

Who not qualified.

Electors in military service.

Soldiers or sailors not electors.

Electors privileged from

arrest.

ARTICLE VII.- -RIGHTS OF SUFFRAGE.

SECTION 1. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state six months, and in the county, precinct, or ward, for the term provided by law, shall be an elector.

First.

Citizens of the United States.

Second. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States, on the subject of naturalization, at least thirty days prior to an election.

SEC. 2. No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the law of the state, or of the United States, unless restored to civil rights.

SEC. 3. Every elector in the actual military service of the United States, or of this state, and not in the regular army, may exercise the right of suffrage at such place, and under such regulations as may be provided by law.

SEC. 4. No soldier, seaman, or marine in the army and navy of the United States, shall be deemed a resident of the state in consequence of being stationed therein.

SEC. 5. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger.

SEC. 6. All votes shall be by ballot.

Board of edu cation.

ARTICLE VIII.-EDUCATION.

SECTION 1. The governor, secretary of state, treasurer, attorney-general, and commissioner of public lands

and buildings shall, under the direction of the legislature, constitute a board of commissioners for the sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law.

used.

SEC. 2. All lands, money, or other property grant- Property how ed, or bequeathed, or in any manner conveyed to this state for educational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or conveyance.

school fund.

SEC. 3. The following are hereby declared to be perpet- Permanent nal funds for common school purposes, of which the annual interest or income only can be appropriated, to-wit:

First. Such per centum as has been, or may hereafter be granted by congress on the sale of lands in this state.

Second. All moneys arising from the sale or leasing of sections number sixteen and thirty-six in each township in this state, and the lands selected, or that may be selected in lieu thereof.

Third. The proceeds of all lands that have been, or may hereafter be granted to this state, where, by the terms and conditions of such grant, the same are not to be otherwise appropriated.

Fourth. The net proceeds of lands and other property and effects that may come to the state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons. State v.

Reeder, 5 Neb., 103.

Fifth. All moneys, stocks, bonds, lands, and other property, now belonging to the common school fund.

Temporary

SEC. 4. All other grants, gifts and devises that have been, or may hereafter be made to this state, and school and. not otherwise appropriated by the terms of the grant, gift, or devise, the interest arising from all the funds mentioned in the preceding section, together with all the

Fines, penalties, and li

rents of the unsold school lands, and such other means as the legislature may provide, shall be exclusively applied to the support and maintenance of common schools in each school district in the state. State v.

McBride, 5 Neb., 21.

SEC. 5. All fines, penalties, and license moneys cense moneys. arising under the general laws of the state, shall belong and be paid over to the counties, respectively, where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by-laws, or ordinances of cities, villages, towns, precincts, or other municipal sub-divisions less than a county, shall belong and be paid over to the same respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of common schools in the respective sub-divisions where the same may accrue. State v. McConnel, 8 Neb., 28.

Common schools.

Distribution of income.

University and

common school lands.

Funds to remain inviolate; how invested.

SEC. 6. The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five and twenty-one years.

SEC. 7. Provisions shall be made by general law for an equitable distribution of the income of the fund set apart for the support of the common schools, among the several school districts of the state, and no appropriation shall be made from said fund to any district for the year in which school is not maintained at least three months.

SEC. 8. University, agricultural college, common school, or other lands, which are now held, or may hereafter be acquired by the state for educational purposes, shall not be sold for less than seven dollars per acre, nor less than the appraised value.

SEC. 9. All funds belonging to the state for educational the interest and income whereof only purposes, are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof that