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fifty cents per day, payable as hereinafter provided, upon the order of the County Commissioners, for all time necessarily engaged in overseeing the expenditure of work on the roads, not exceeding the sum of twelve dollars to each United States township within his district, and the further sum of five dollars, for giving notice as provided in this chapter, and making settlement as required by law, after deducting the one days labor required by this chapter, to be performed in discharge of poll tax; and in default of making such settlement, he shall forfeit all claim to allowances for extra services," Be and the same is hereby amended so as to read as follows: Super- Amended. visors of roads, shall make an annual settlement, under oath, with the Board of County Commissioners, on the first Monday in December, showing the amount of money which has come into their hands by virtue of their office, and how the same has been expended; Provided always, That the County Commissioners, if they deem it expedient, shall have power to cite any Supervisor to appear before them at any other time, and make settlement as herein provided, giving him reasonable notice thereof; and the said Supervisor shall be allowed the sum of two dollars and fifty cents per day, payable Supervisor as hereinafter provided, upon the order of the County Commission- $2.50 a day, er, for all time necessarily engaged in overseeing the expenditure of work on the roads, not exceeding the sum of twenty dollars to Not exeach United States township within his district, and the further to each sum of five dollars for giving notice as provided in this chapter, and making settlement as required by law, after deducting the one days labor required by this chapter to be performed in discharge of poll tax; and in default of making such settlement he shall forfeit all claim to allowance for extra services.

its

SEC. 4. This act shall take effect and be in force from and after passage.

Approved February 15, 1869.

allowed

ceeding $20

township.

AN ACT

To Dispose of the Public Lands Granted to the State of Nebraska for Works of
Public Improvement.

Congress,

Whereas, The Congress of the United States by an act entitled Lands "an act to appropriate the proceeds of the sale of public lands, and granted by to grant preemptions," approved September 4th, 1841, did grant to certain States, including each new State, that might thereafter be admitted into the Union; upon such admission so much land as in

Fee simple title grant

ed.

Same accepted.

What rail

roads shall

to lands.

for every

mile of road completed,

cluding such quantity as may have been granted to such States before its admission, and while under a Territorial government, for purposes of internal improvement as aforesaid, as shall make "five hundred thousand acres of land;" and

Whereas, The Congress of the United States did by an act of Congress, approved August 3d, 1854, convey the fee simple title in the land so granted, to the States and Territories, entitled to the same under the provisions of the act of Congress of September 1841; and

Whereas, Upon the admission of Nebraska into the Union as a Soverign State, the selection of said lands as required by law, by virtue of the acts aforesaid, the State became possessed in fee simple of five hundred thousand acres of land for purposes of internal improvement; now therefore,

SECTION 1. Be it enacted by the Legislature of the State of be entitled Nebraska, That each and every railroad company within the State of Nebraska, shall be entitled upon the conditions and under the restrictions hereinafter mentioned, to receive out of the lands aforesaid, granted as aforesaid, and now belonging to the State of Ne2000 acres braska, two thousand acres of land for each and every mile of railroad, that such company may hereafter build and construct as a first class railroad, with all necessary grading, drains, culverts, viaducts, crossings, sidings, bridges, turn-outs and rails, complete in every respect and ready for the rolling stock; Provided however, and this grant is upon the express condition, that no railroad company shall be entitled to the said two thousand acres of land for each and every mile, built and constructed as aforesaid, until such company shall At the com- have completed as aforesaid, ten consecutive miles of its road, and the same shall have been duly accepted and approved by the commissioners to be appointed by the Governor as hereinafter provided. SEO. 2. And be it further enacted, That whenever any railroad company within the benefits of this act shall have built and con structed ten consecutive miles of any portion of its road as hereinGovernor above specified, the Governor of the State shall appoint three commis- disinterested men as Commissioners, to examine the same and report to him in relation thereto, and if it shall appear to him from the report of such Commissioners that ten consecutive miles of such railroad have been built and constructed in all respects as required by this act, then upon the certificate of said Commissioners to that

pletion of 10 miles, and acceptance by commis

sioners,

to appoint

sioners,

patents

missioners

effect, letters patent shall be issued to such company by the Gover- When patnor of the State, under the great seal of the State, attested by the shall issue, Secretary of the State, for twenty thousand acres of said lands, the same to be set apart as hereinafter provided, and letters patent shall in like manner issue as each consecutive ten miles of such railroad are completed, upon like certificate of said Commissioners; Provided however, that no such Commissioners shall be appointed by When comthe Governor until there shall have been presented to him a state- shall be apment, verified on oath by the President of such railroad company, that such ten consecutive miles have been completed in the manner required by this act, and setting forthwith certainty, the points where such ten miles begin, and where the same end; and provided further, that no railroad company shall be entitled to receive more amount than one hundred thousand acres of land under the provisions of this act.

pointed.

Whole

that no one one com

pany can receive.

SEO. 3. And be it further enacted, That whenever any railroad company shall have built and completed ten consecutive miles of its road in the manner required by this act, and shall have become entitled to receive twenty thousand acres of land, it shall be the duty of the Governor, Secretary of State, and Auditor to forthwith Governor, select or cause to be selected and set apart the said lands, and to Secretary cause letters patent to be issued to such railroad company for the and Auditlands so selected and set apart.

of State

or to select lands.

price at which

SEC. 4. And be it further enacted, That none of the lands which may be obtained by any such company under the provisions of this act, shall ever be sold at public or private sale by such company for a price less than one dollar and twenty-five cents per acre; and for Minimum the purpose of preventing large tracts of land being held for any lands may considerable length of time by any such company, thereby retarding be sold. settlement and cultivation, it is hereby declared as a condition of this grant, that unless the lands obtained by such companies are sold within five years from the time they are conveyed to such com- When panies, as evidenced by the date of the letters patent respectively, be sold. then and in that case the company so in default shall cause to be offered such unsold lands at public sale, in tracts not larger than one hundred and sixty acres, in the first week of the month of September in each year, and annually thereafter at the State Capital, due notice of which sale shall be published for four weeks in at least five newspapers having a general circulation within the State, and the same shall be struck off to the highest bidder.

lands shall

SEC. 5. And be it further enacted, That for the purpose of protecting the State against long delays in building said railroads, it is hereby declared as a positive condition to this grant that while all such railroad companies, as are contemplated by this act, shall be entitled to receive a title to twenty thousand acres of land aforesaid, so soon as ten consecutive miles of railroad are by them built, which built with- ten consecutive miles shall be built within one year from the passage No compa- of this act, and accepted as aforesaid; no railroad company shall be ceive land entitled to receive any further donations of land after the expiration of five years from the time this act becomes a law.

Ten miles of road must be

in one year

ny shall re

after five

years.

Claims for lands not valid after lands are

exhausted

tion of

SEC. 6. And be it further enacted, That whenever the lands now held by the State for the purposes aforesaid shall be exhausted, in the manner provided for in this act, the Governor of the State shall notify all railroad companies who may have filed their assent to the conditions of this act to that effect, and no lien upon the State for lands in aid of the construction of any railroads within this State as herein before provided for shall be valid thereafter.

SEC. 7 And be it further enacted, That the commissioners to be appointed by the Governor as provided in section two of this act Compensa- shall severally receive as compensation for their services the sum commis- of five dollars per day for each and every day by them necessarily employed in the performance of their duties under this act, which By whom amount shall be paid by said railroad companies before the patents shall be issued to them as herein before provided for.

sioners,

paid.

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SEC. 8. And be it further enacted, That any railroad companies within the State of Nebraska, which have heretofore received any grant of lands from the general Government of the United States, shall enjoy all the privileges and benefits of this act for the first twenty-five miles of railroad built and constructed as herein before Companies specified, and shall be entitled to receive two thousand acres of land only 50,000 for each and every mile of railroad so constructed for the said disacres. tance of twenty-five consecutive miles, and thereafter no further grant of lands under the provisions of this act shall be made to said companies.

entitled to

Limitation

SEC. 9 Be it further enacted, That nothing in this act shall be of grant. so construed as to grant any lands aforesaid to any railroad company which has heretofore received any grant of land from the State of Nebraska.

SEC. 10. This act shall take effect and be in force from and after

its passage.
Approved, Feb. 15th, 1869.

AN ACT

"The

To amend Section Sinteen, Chapter Nineteen, Part I, of An Act known as
Revised Statutes of Nebraska. Approved February 12, 1866. Title "Fees."
SECTION 1. Be it enacted by the Legislature of the State of
Nebraska, That Section sixteen, Chapter nineteen, Part I, of An
Act known as "The Revised Statutes of Nebraska." Approved
February 12, 1866, and which reads as follows: "Sec. 16. For Section 16.
the first mile, or factional part thereof, actually run with compass

or chain, three dollars.

For each succeding mile or fractional part thereof, one dollar.

For each lot laid out and platted in any city or town, one dollar.

For each copy of plat and certificate fifty cents.

Recording each survey, twenty-five cents.

For each mile necessarily travelled in going to work, ten cents.
For establishing each corner, twenty-five cents.

For ascertaining the location of a city or town lot in an old sur

vey, and measuring and marking the same, two dollars.

For surveying county roads per day, four dollars.

Expenses of necessary assistance shall, in addition, be paid by

the party or parties requiring the work to be done," be so amended Amended: to read as follows:

Sec. 16. For surveying all lands, except town lots, four dollars Fees. per day.

For each lot laid out and platted, in any city or town, one dollar.
For each copy of plat and certificate, fifty cents.

Recording each survey twenty-five cents.

For each mile actually and necessarily travelled in going to and from work, ten cents.

For establishing each corner twenty-five cents.

For ascertaining the location of a city or town lot in an old sur

vey, and measuring and marking the same, two dollars.

For surveying county roads, per day, five dollars.

Expenses of necessary assistance shall, in addition, be paid by the party or parties requiring the work to be done.

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