SEC. 2. [Object.]-The object of such institution shall be to afford to the inhabitants of this state, the means of acquiring a thorough knowledge of the various branches of literature, science and the arts.

SEC. 3. [Government-Board of regents.]-The general government of the university shall be vested in a board of six regents, elected by the electors of the state at large, according to the provisions of the constitution of 1875. Vacancies occurring in the board between one general election and another, may be filled by the governor: Provided always, That any person thus appointed to fill a vacancy shall hold his office until the next general election succeeding his appointment, and no longer. [Amended 1877, 56.]

SEC. 4. [Board of regents-Powers.]-The board of regents shall have full power to appoint their own presiding officer and secretary. And they shall constitute a body corporate to be known as "The regents of the university of Nebraska," and as such may sue and be sued, and may make and use a common seal, and alter the same at pleasure. They may acquire real and personal property for the use of the university, and may dispose of the same whenever the university can be advantaged thereby; Provided, They shall never dispose of grounds upon which buildings of the university are located, without consent of the legisture. [Amended 1877, 56.]

SEC. 5. [Chancellor, professors, etc.]-The regents shall have power, and it is hereby made their duty to enact laws for the government of the university, to elect a chancellor, who shall be the chief educator of the institution, and the prescribed number of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix their compensation. They shall have power to remove any professor or officer, but only upon the proof of written charges, and after affording to the person complained against an opportunity for defense. [1869 § 6. 172.]

SEC. 6. [Colleges.]-The university may embrace five departments, to wit: First. A college of literature, science and art. Second. An industrial college, embracing agriculture, practical science, civil engineering and the mechanic arts. Third. A college of law. Fourth. A college of medicine. Fifth. A college of the fine arts. [Id. § 7. Amended 1877, 56.]

SEC. 7. Chairs of instruction.]-The regents shall be empowered to establish in these several colleges such chairs of instruction as may be proper, and so many of them as the funds of the university may allow. They shall also be authorized to require professors to perform duties in more than one of the several colleges, whenever they shall deem it wise and proper so to do. [Id. §8. Amended 1377, 57.

SEC. 8. [Model farm- Lands.-The governor shall set apart two sections of any agricultural college land, or saline land, belonging to the state, and shall notify the state land commissioner of such reservation, for the purpose of a model farm, as a part of the college of agriculture; and such land, so set apart, shall not be disposed of for any other purpose. [Id. § 10.]

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SEC. 9. Location. The several buildings of the university shall all be erected within a radius of four miles from the state house. [Id. § 11.1

SEC. 10. [Tutors.--The regents shall, when the number of students in any particular branch shall require, elect one or more tutors to give instruction in such branch of study; but such tutors shall not be considered as belonging to the faculty of the college in which they may be employed. [Id. § 12.]

SEC. 11. [Colleges--Government.-The immediate government of each college shall be by its own faculty, which shall consist of the professors therein, but no course of study shall be adopted, or series of text books used, without the approval of the board of regents. [Id. § 13.]

SEC. 12. [Degrees--Diplomas.]--The board of regents shall have exclusive

SEC. 3. The regents may sue and be sued in matters over which express authority is given the corporation; but cannot maintain an action to recover funds belonging to the university. 5 Neb. 428.

SEC. 5. See sec. 23, passed subsequent to this section, page 515.

authority to confer degrees and grant diplomas, but each college may, in its discretion, grant rewards of merit to its own students. No student shall, upon graduation, receive any diploma or degree, unless he shall have been recommended for such honor by the faculty of the college in which he shall have pursued his studies. The regents shall also have power to confer the usual honorary degrees apon other persons than graduates of this university, in recognition of their learning or devotion to literature, science, or art; but no degree shall be conferred in consideration of the payment of money or other valuable thing. Id. § 14.j

SEC. 13. [Admission of pupils-Fees-Library fund.--The fee of admission to any college in the university shall be five dollars each for all persons; and the amount arising therefrom, together with all other tuition fees, shall be paid into the hands of the university treasurer, and shall be held as a library fund, and the board of regents shall annually appropriate the same for the purchase of books for the university library. A reasonable course of study, precedent to admission, shall be prescribed by the board of regents, and no applicant who shall fail to pass an examination in any part of such course shall be admitted; Provided, Any person who shall produce a certificate from a county superintenent of common schools, that he has passed honorably through the course of study prescribed in a high school, under the common school laws of the state, may be admitted without further examination. [Id. § 15. Amended 1873, G. S. 1053.]

SEC. 14. (Tuition, when free.-All persons residing within the state, or, being non-residents, who pay, or whose parents or guardians pay not less than thirty dollars annually of school taxes to the state, and who shall fill the requirements of the preceding section, may be admitted to any organized college of the university, and shall not be required to pay any other tuition fee than the matriculation fee during the term of four years. All other students, and all who elect to remain under instruction for a longer term than four years, shall be required to pay such fees as the board of regents may determine. [Id. § 16.]

SEC. 15. [Text books-Aid to students.-The regents shall procure all text books to be used in the university, and shall furnish them to students at cost. The regents may, upon proper evidence of the good character of any student, and his or her ambition to acquire an education, and inability to provide his or her own means therefor, donate to such student all text books he or she may need, and, by a two-thirds vote, may appropriate money to pay other expenses for such student; Provided, Such student will render an immediate equivalent in personal service for such appropriation, or give a sufficient obligation that he or she will reimburse the regents within five years. [Id. § 17.]

SEC. 16. Students-No distinctions. No person shall, because of age, sex, color, or nationality, be deprived of the privileges of this institution. Provisions shall be made for the education of females apart from male students, in separate apartments, or buildings; Provided, That persons of different sexes, of the same proficiency of study, may attend the regular college lectures together. [Id. § 18.]

SEC. 17. [Scientific courses-Attendance.-The regents shall provide a rule for attendance upon the agricultural college, and civil engineering, and scientific courses, by persons whose employments are such as to allow of their pursuit of study only a portion of the year. [Id. § 19.]

SEC. 18. Regents' report. The board of regents shall, at least ten days prior to the meeting of each regular session of the legislature, transmit to the governor, to accompany his message, a printed report of all their doings since their last report, giving in detail all receipts and expenditures of money, and furnishing an estimate for future income and expenses, a catalogue of professors, officers and students for the year, with such other information and recommendations, as will apprise the legislature fully of the conditions and wants of the university. Id. § 20. Amended 1877, 57.]

SEC. 19. Funds.-The funds of the university shall be two, to wit: The endowment fund and the regents fund. The endowment fund shall be kept by

the treasurer in two accounts: First. That derived from the proceeds of the sale of lande donated to the state by the United States, "to establish and endow a state university," under the act of Congress, of April 19, 1864, in one account; and, Secondly, that derived from the proceeds of the sales of lands donated to the state by the United States, to provide colleges for the benefit of agriculture and the mechanic arts, in an act of Congress, approved July 2, 1862, in another account. To the funds received from these two sources, there shall be added to the first, two-thirds, and to the second, one-third of the proceeds of all lands, or of all moneys, acquired by donation or bequest, where other objects are not stated. All moneys received in any manner as part of the endowment fund shall be invested as fast as five hundred dollars shall accumulate, in such United States, or guaranteed state stocks, or registered county bonds, as will pay not less than seven per cent. annually; and the principal of such investments shall never be appropriated by the legislature, nor used by the regents, for any purpose whatever. The regents fund shall consist of the proceeds of the investment of the endowment fund, of the proceeds of the annual rental of university and agricultural college lands leased, of the matriculation and other fees paid by students, and a tax of three-eighths of one mill on the dollar valuation on the grand assessment roll of the state, which shall be levied in the year of 1877, and annually thereafter. The treasurer shall keep the fund in three accounts, to wit: The university account, the industrial college account, a general account. The first and second shall be exclusively for the payment of salaries in the various colleges, and the third account shall be for appropriations in the discretion of the regents (except as may be specifically provided for by law), for any purpose directly connected with the university. All moneys accruing to the regents fund are hereby appropriated to the use of the state university, to be disbursed according to the provisions of law. [Id. § 21. Amended 1877, 57.]

SEC. 20. [Same-Treasurer.]-The treasurer of the state shall be the custodian of the principal of the endowment fund of the university, and shall, with the advice of the governor and auditor, make the investments thereof as provided in section twenty-one* of the act to which this is supplementary. He shall pay over monthly to the treasurer of the university, all moneys of the university derived from interest, state university tax, or other sources, which by the preceding section are made applicable to the regents fund, and take his receipt therefor. The regents shall, from the moneys carried to the general account of the regents fund, provide necessary furniture for the university building, and all apparatus and text books, and make an annual appropriation for books for a general library. The treasurer of the university shall pay out no moneys except upon a warrant drawn upon the secretary and countersigned by the president of the board of regents, and all warrants so drawn shall distinctly specify the object for which payment is thereby made, and the date of the resolution or order of the board of regents authorizing the draft; and the secretary shall keep a full record of all warrants drawn on the treasury of the university, and shall lay before every meeting of the board of regents, a detailed statement of all such warrants drawn subsequent to the preceding session of the board; Provided, No moneys belonging to the regents fund shall be applied in the construction of the university building; Provided, further, That no money arising from the endowment fund, shall be diverted from the purpose for which it was intended by act of congress granting the same. [Id. § 22. Amended 1870, 13.]

SEC. 21. [Board of regents-Meetings-Compensation.]—The regents shall meet at least twice in each year at the university building. They shall receive for their services no compensation, but they may be reimbursed their actual expenses incurred in the performance of their official duties. [Id. § 23. Amended 1877, 58.)

SEC. 22. [Buildings Plans.]-No superstructural work upon any building for the university shall be commenced, until the designs and plans therefor shall

*SEC. 18 this chapter. Treasurer of university abolished, see secs. 24, 25.

have been submitted to the board of regents, by the commissioners for public buildings, and the architect thereof shall be required, before allowing any such superstructure to be erected, to make such alterations in the plans and specifications as may be directed by a majority of the regents. [Id. § 24.]

SEC. 23. [Powers-Chancellor Professors.] The regents shall have power to enact laws for the government of the university; to elect a chancellor and the prescribed number of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix the compensation. They shall have power to remove the chancellor, and any professor or tutor, when the interests of the university shall require it. [1875 § 2, 154.]

SEC. 24. [Treasurer.]-The office of treasurer of the university is hereby abolished, and the state treasurer is made custodian of the funds, to whom the present treasurer of the university shall turn over, within sixty days, all moneys, securities, books and papers pertaining to that office. [Id. § 3.]

SEC. 25. [Disbursements.]-Disbursements from the university fund shall be made by the state treasurer, upon warrants drawn by the auditor, who shall issue warrants upon certificates issued by the board of regents, signed by the secretary and president. All money accruing to the university fund is hereby appropriated to the use of the state university. [Id. § 4.]

SEC. 26. [Matriculation fees-Library fund.]-All matriculation fees. received from students for admission to any college in the university, including the amount now in the hands of the board of regents, or in the hands of the state treasurer, and what may hereafter be received, shall be paid into the state treasury, and shall be held as an "university library fund," and the board of regents. shall, from time to time, appropriate the same for the purchase of books for the university library. [1881 § 1, chap. 81.]

CHAPTER 88.-STATUTES.*

SECTION 1. Take effect, when.]-That every act passed by the legislature which contains no provisions as to the time when it takes effect, shall take effect and become a law from and after the first of next June. [G. S. 1056.]

SEC. 2. [Repealed-Effect on actions.]-Whenever a statute shall be repealed, such repeal shall in no manner affect pending actions founded thereon, nor causes of action not in suit that accrued prior to any such repeal, except as may be provided in such repealing statute.

SEC. 3. [Repealed-Revivor of former laws.]--Whenever a law shall be repealed, which repealed a former law, the former law shall not thereby be revived unless specially provided for.

CHAPTER 89.-SWAMP LANDS.†

ARTICLE I.--DRAINAGE BY COUNTY AUTHORITIES.

SECTION 1. [Power of county board over ditches.]-The board of commissioners of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered or deepened, any ditch, drain or water course, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corporate road or railroad, and will be conducive to the public health, convenience or welfare. [1881 § 1, chap. 51.]

SEC. 2. ["Ditch" defined-Outlet.

The word " ditch," as used in the act, shall be held to include a drain or water course. The petition for any such im

SECS. 23-5. "An act providing for the more efficient government of the state university and for the disposition of funds belonging thereto Laws 1875, 154. Took effect Feb. 23, 1875. Sec. 1 of this act superseded by Sec. 10. Art. VIII. Const., and Sec. 3 this chapter. See 5 Neb 428. 9 Id. 470.

SEC. 26. "An act to appropriate the matriculation fees of the university of Nebraska for the use and support of its library." Approved Mar. 3. Took effect June 3 1881. *NOTE.-"An act concerning the enacting and repealing of statutes." Chap. 79, G. S. 1056. Took effect Feb. 21. 1873. See 7 Neb. 125 8 Id. 148.

28.

+ART. I. "An act to provide for draining marsh or swamp lands in the state of Nebraska." Approved Feb. Took effect June 1, 1881.

provement shall be held to include any side lateral spur or branch ditch, drain or water course necessary to secure the object of the improvement, whether the same is mentioned therein or not; but no improvement shall be located unless a sufficient outlet is provided.

SEC. 3. [Public road or railroad improved.]—When the proposed improvement will drain the whole, or any part of any public or corporate road or railroad, or will so benefit any such road that the traveled track or road bed thereof will be improved by its construction, there shall be apportioned to the county, if the road is a state or county road, or to the corporation, if a corporate road or railroad, a proper share of the costs and expenses thereof, as hereinafter provided.

SEC. 4. [Petition -Bond.]—A petition for any such improvement shall be made to the board of commissioners of the county, signed by one or more owners of lots or lands which will be benefited thereby, which said petition shall be filed with the county clerk, and shall set forth the necessity of the proposed improvement, and describe the route and termini thereof with reasonable certainty, and shall be accompanied by a good and sufficient bond signed by two or more sureties, to be approved by the county clerk conditioned for the payment of all costs that may occur in case said board of county commissioners find against such improvement.

SEC. 5., [Survey-Determination.]-The county clerk shall deliver a copy of said petition to the board of county commissioners, at their next meeting. who shall thereupon take to their assistance a competent surveyor or engineer, if in their opinion his services are necessary, and at once proceed to view the line of the proposed improvement, and determine by actual view of the premises along and in the vicinity thereof, whether the improvement is necessary, or will be conducive to the public health, convenience, or welfare, and whether the line described is the best route, and they shall report their finding in writing, and order the clerk to enter the same on their journal.

SEC. 6. [Route changed.]-If the commissioners, upon actual view, find that the route proposed is not such as to best effect the object sought, they shall change the same and establish the route and determine the dimensions of the proposed improvements; Provided, Any change so made shall not in any case exceed one hundred and sixty rods from the route described in the petition.

SEC. 7. [Surveyor-Plat-Estimate-Report.]-If the board of commissioners find for the improvement they shall cause to be entered on their journal an order directing the county surveyor, or an engineer, to go upon the line described in said petition or as changed by them in accordance with section six, and survey and level the same and set a stake at every hundred feet, numbering down stream; note the intersection of section lines, road crossings, boundary lines, precinct and county lines and make a report, profile, and plat of the same, and estimate the number of cubic yards for each working section as hereinafter provided.

SEC. 8. [Schedule of lands benefited-Estimate of construction.]-The commissioners shall also by their order direct the surveyor or engineer to make and return a schedule of all lots, lands, public or corporate roads or railroads that will be benefited by the proposed improvement, whether the same are abutting upon the line of the proposed improvement or not, and an apportionment of a number of lineal feet and cubic yards to each lot, tract of land, road or railroad, according to the benefits which will result to each from the improvement, and an estimate of the cost of location and construction to each, and a specification of the manner in which the improvement shall be made and completed.

SEC. 9. [Plat and report--Contents.]-The plat provided for in section seven shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvement, and shall show the boundary lines of each lot, or tract of land, and of each road or railroad to be benefited thereby, the name of the owner of each lot or tract of land as it then appears on the tax duplicate,