CHAPTER 35. AN ACT to define the boundaries of Sioux county and to repeal section sixty-five (65) of chapter seventeen (17) of the Compiled Statutes of Nebraska, entitled "Counties, county boundaries and county seats." Be it enacted by the Legislature of the State of Sioux county. SECTION 1. That all that portion of Sioux Boundaries of county of the state of Nebraska, commencing at the south-east corner of township twentyfour (24) north of range fifty-three west of the sixth principal meridian; thence west to the western boundary line of the state of Nebraska; thence north along said bonndary line to the north-west corner of the state of Nebraska; thence east on the northern boundary line of the state of Nebraska to the range line between · ranges fifty-two (52) and fifty-three (53); thence south to the place of beginning, be and the same shall constitute the county of Sioux. Comp. Stat., SEC. 2. That section sixty-five (65) of chap- Act repealed. ter seventeen (17) of the compiled statutes of 179% Nebraska, entitled "Counties, county boundaries and county seats," be and the same is hereby repealed, so far as the same may be in conflict with the provisions of this act. clause. SEC. 3. Whereas, an emergency exists there- Emergency for, this act shall take effect and be in force from and after its passage. Approved, February 19th, A. D. 1885. CHAPTER 36. Transferring territory. Unorganized territory. AN ACT to amend sections 4 and 9 of an act entitled "An act concerning Counties and County Officers," approved March 1st, 1879. Be it enacted by the Legislature of the State of SECTION 1. That section four (4) of an act entitled "An act concerning counties and county officers," approved March 1st, 1879, be amended to read as follows: SEC. 4. When a majority of the legal voters residing upon any territory, shall petition the county board of their own county, and also of the county to which they desire such territory to be transferred, for leave to have such territory transferred to such county, it shall be the duty of the several county boards so petitioned to submit the question at the next general election in said counties. SEC. 2. That section 9 of said act be amended to read as follows: SEC. 9. When any unorganized territory lies adjoining to and is not embraced within the' boundaries of any county and a majority of the inhabitants of said territory petition the commissioners of said adjoining county to be attached to the same, the county board of said county shall within sixty days, order an election as provided for in sections 4, 5 and 6 of this act, and said territory shall become attached to and be a part of said county by a majority vote of the same, and be subject in all other respects to the provisions of this act. Act repealed. 175. SEC. 3. That sections 4 and 9 of an act en- Comp. Stat., titled "An act concerning counties and county 1879, 354, officers," approved March 1st, 1879, be and the same are hereby repealed. Approved, March 4th, A. D. 1885. 355. CHAPTER 37. AN ACT to amend an act to amend sections 37 and 38 of act entitled "An act concerning counties and county officers," "approved February 28, 1883." Be it enacted by the Legislature of the State of Claims against county. 454. Neb., 203. 10 Neb., 362. 8 Neb., 441. 13 Neb., 295. SECTION 1, That sections 37 and 38 of an act 6 Neb., 116, entitled "An act concerning counties and county officers," approved February 28, 1883, chapter 27, laws 1883, be amended to read as follows: 14 Neb., 311. Sec. 37. Before any claim against a county is audited and allowed, the claimant or his agent shall verify the same by his affidavit, stating that the several items therein mentioned are just and true, and the services charged therein or articles furnished, as the case may be, were rendered or furnished as therein charged, and that the amount claimed is due and unpaid after allowing just credits. All claims against a county must be filed with Appeal by taxpayers. 14 Neb., 311. the county clerk. And when the claim of any person against a county is disallowed, in whole or in part, by the county board, such person may appeal from the decision of the board to the district court of the same county, by causing a written notice to be served on the county clerk within twenty days after making such decision, and executing a bond to such county, with sufficient security, to be approved by the county clerk, conditioned for the faithful prosecution of such appeal, and the payment of all costs shall be adjudged against the appellant. Upon the disallowance of any claim, it shall be the duty of the county clerk to notify the claimant "his agent or attorney in writing" of the fact within five days after such disallowance, notice mailed within said time shall be deemed sufficient. SEC. 38. Any tax payer may likewise appeal 10 Neb., 363. from the allowance of any claim against the county by serving a like notice within ten days and giving a bond similar to that provided for in the preceding section. Act repealed. Emergency clause. SEC. 2. Sections 37 and 38 of said act as amended February 28, 1883, (Chapter XXVII, Laws 1883) are hereby repealed. SEC. 3. Whereas an emergency exists therefore this act shall take effect and be in force from and after its passage. Approved February 20th, A. D., 1885. CHAPTER 38. AN ACT to provide for the protection of land or other property from high water in certain cases. Be it enacted by the Legislature of the State of county com SECTION 1. That whenever any portion of a Duties of county exceeding 320 acres in amount is put in missioners. peril of destruction by reason of the probable diversion of the channel of any river or water course, and whenever a petition stating such fact, signed by twenty freeholders in the precinct is filed with the county commissioners of said county, it shall be the duty of the said board of county commissioners to view said premises within the succeding thirty days, and if upon actual view it shall appear that a portion of the county exceeding 320 acres is in actual peril of destruction they may cause to be built any dam, embankment, or dyke, or aid to such an extent as they may deem proper in the building of any dam, embankment or dyke that they may deem the protection of said land. necessary for The amount expended towards such improvements to be paid out of the general fund of the county. Approved, March 5th, A. D. 1885. |