the treasurer in two accounts: First. That derived from the proceeds of the sale of lands 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, 58.1

SEC. 22. [Buildings Plans.]-No superstructural work upon any building for the university shall be commenced, until the designs and plans therefor shall SEO. 18 this chapter. Treasurer of university abolished, see secs. 24, 25. Regents have no power over funds unless legislature appropriates. 17 Neb. 610.

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. § 8.]

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.]

CADET BATTALION.

SEC. 27. [Cadets.]-That all male students now attending, or who may hereafter attend the university of Nebraska, and who are required by the rules and regulations, that are, or may be established by the board of regents of the university, for the government of the military department, to attend upon the studies or other exercises of said department, shall be organized under the form of the battalion, into a body which shall be known and styled the "university cadets." [1887, chap. 89.]

SEC. 28. [Officers.]-The officers of the cadet battalion for duty at, and while in attendance upon the university, shall be appointed by the commandant in charge of the department, by detail, of the general government, and they shall be directly responsible to him in the discharge of all their duties as such officers. [Id.].

SEC. 29. [Same-Graduates.]-All persons holding appointments under the commandant of the military department of the university as officers of the cadet battalion, at the time of their graduation from the university, between and including the ranks of second lieutenant and colonel, shall be certified with their proper rank, to the governor of the state, by the military officer in charge and the chancellor of the university, and thereupon the governor is authorized and directed to issue his commission in due form, to all such persons so certified to him. All persons so commissioned by the governor shall hold their commissions as retired officers of the university cadets, liable to be called into service by the gov

SEC. 26.

SECS. 23-5. "An act providing for the more proficient 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. "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. SECS. 27-32. An act to provide for the organization of the students of the university of Nebraska into a battalion, and to provide for the commissioning of officers of said organization." Laws 1887, chap. 89. Took effect July 1, 1887.

ernor in case of invasion, insurrection, or rebellion, in the same manner as the state militia. [Id.]

SEC. 30. [Arms, equipments, etc.]-The adjutant general of the state shall issue such arms, munitions, accoutrements, tents and equipments, for the temporary or permanent use of the university cadets, as the board of regents may require and the governor approve. All property so issued, and not intended merely for temporary use, or for consumption or expenditure, shall be receipted for to the adjutant general, by the chancellor or other proper officer of the university, and the same shall be subject to return upon demand of the adjutant general, whenever the necessities of the state require. [Id.]

SEC. 81. [Officers-Selection.]-The selection of officers of the university cadet battalion, for duty during attendance upon the institution, shall be made upon a basis involving both scholarship and capacity and fitness for command, and according to such rules and regulations as the board of regents may prescribe. The board of regents shall make all needful rules and regulations to carry into effect the purposes of this act, consistent with the constitution and laws of this state. [Id.]

SEC. 32. [Reports.-The commandant or officer in charge of the military department of the university, shall make quarterly reports to the adjutant general of the state, showing the number, organization, discipline and equipment of the university cadets. [Id.]

AGRICULTURAL EXPERIMENT STATION.

SEC. 32. [Preamble.]-Whereas, The forty-ninth congress of the United States, at its second session, passed an act commonly known as the "Hatch bill," and entitled as follows: "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2nd, 1862, and of the acts supplementary thereto," and Whereas, Said act of congress provides among other things: That it shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and animals; the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analysis of soils and water; the chemical composition of manures, natural or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility of the different kinds of foods for domestic animals; the scientific and economic questions involved in the production of butter and cheese; and such other researches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective states or territories, and Whereas, The said act of congress declares that a leading object of the establishment of the said experimental stations is to aid in acquiring and diffusing among the people of the United States useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science, and prescribes methods to this end, and also prescribes conditions and relations which are to be maintained between the United States and the institutions of learning established in the several states, and which are organized under the land grant of 1862, and provides further that the grants of money authorized by the said act, are made,

SEO. 32. "An act on behalf of the state of Nebraska, to accept, ratify and assent to the provisions, terms, grante and conditions of an act passed at the second session of the Forty-ninth congress of the United States, entitled, "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2nd, 1862, and of the acts supplementary thereto," approved March 2nd, 1887." Laws 1997, chap. 88. Took effect July 1, 1887.

subject to the legislative assent of the several states and territories to the purposes of said grants, and Whereas, The university of Nebraska, in the state of Nebraska, has established and maintained a college or department of agriculture, known and designated as the "industrial college," in accordance with the provisions of said land grant of 1862, and Whereas, the said act of the Forty-ninth congress appropriates to this state the sum of fifteen thousand ($15,000) dollars per annum for the purposes and upon the conditions therein set forth, the same to be paid to the treasurer or other officer duly appointed by the governing board of said college to receive the same, and Whereas, The governor of this state has presented to the legislature his special message with recommendations relating to the subject matter hereof, therefore,

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. [Acceptance by state.]-That full and complete acceptance, ratification and assent is hereby made and given by the state of Nebraska, to all of the provisions, terms, grants and conditions and purposes of the grants made and prescribed by the said act of the congress of the United States, entitled, “an act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto." [1887, chap. 88.]

SEC. 2. That a duly authenticated and certified copy of this act shall be prepared and forwarded by the secretary of state to the secretary of the treasury of the United States.

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. [Repeal-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. [Repeal-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.]

SEO. 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

CHAP. 88. "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.

CHAP. 89, Art. 1. "An act to provide for draining marsh or swamp lands in the state of Nebraska." Approved Feb. 28. 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,