clerks of villages and cities of the second class to furnish such transcript to the holder of any bond of any such village or city of the second class on demand of such holder.

CHAPTER 10.-BONDS AND OATHS-OFFICIAL.

SECTION 1. [Oath.]-All state, district, county, precinct, township, municipal and especially appointed officers, except those mentioned in section one, article 14, of the Constitution, shall, before entering upon their respective duties, take and subscribe the following oath, which shall be endorsed upon their respective bonds: 1 "I do solemnly swear that I will support the constitution of the United States, the constitution of the state of Nebraska, and faithfully and impartially perform the duties of the office of —, according to law, and to the best of my ability. So help me God.”

If any such officer is not required to give bond, the oath shall be filed in the office of the secretary of state or of the clerk of the county, city, village or other municipal subdivision of which he shall be an officer. [1881 § 1, chap. 14.]

SEC. 2. [Form-Obligee.]-All official bond of state officers must be in form, joint and several, and made payable to the state of Nebraska in such penalty and with such conditions as required by this act or the law creating or regulating the office.

SEC. 3. [Same-Bonds of county officers.]-All official bonds of county, township, school district and precinct officers must be in form, joint and several, and made payable to the county in which the officer giving the same shall be elected or appointed, in such penalty and with such conditions as required by this act, or the law creating or regulating the duties of the office.

SEC. 4. [Bonds of city and village officers.]—All official bonds of officers of cities, towns and villages, shall be in all respects as required by the last preceding section, except that they shall be made payable to the city, town or village, in and for which the officers giving the same shall be elected or appointed, in such penalty as the city, town or village council or trustees may fix.

SEC. 5. [Bonds filed when.]-Official bonds, with the oath endorsed thereon, shall be filed in the proper office within the times as follows: Of all officers elected at any general election on or before the first Thursday after the first Tuesday in January next, succeeding the election; of all appointed officers within thirty days after their appointment; of officers elected at any special election, and city and village officers, within thirty days after the canvass of the votes of the election at which they were chosen.

SEC. 6. [Approval of bonds of state officers.]-The official bonds of all state and district officers except governor shall be approved by the governor, and filed and recorded in the office of the secretary of state. The official bond of the governor shall be approved by the chief justice of the supreme court. The official bond of the secretary of state shall be filed and recorded in the office of the auditor of public accounts.

NOTE. "An act concerning official bonds and oaths." Approved, and took effect Feb. 18, 1881. DECISIONS.-Irregularities do not vitiate: 8 Neb. 347, 12 Id. 98. Distinction between acts virtute officië and colore officii stated: Id. Failure to insert sureties in body of bond, not fatal: 4 Neb. 566. Parties in actions on: 4 Neb. 568. 9 Id. 434. Pleadings; 10 Neb. 527. Action on bond of county treasurer; receipts of treasurer as evidence: 9 Neb. 432. Action on bond of school district treasurer; pleading; answer; district cannot release treasurer from liability: 10 Neb. 295. General liability of sureties: 9 Neb. 240. County clerk falsely certifying allowance of bill; sureties not liable; Id. Receipt of money by clerk of court; liability of sureties on bond: 13 Neb. 569. Neglect to file transcript; evidence: 10 Neb. 524. Action on two official bonds for default occurring after execution of second, Held, Proper: 10 Neb. 408. But where officer elected for three successive terms proved to be a defaulter, and suit was brought on third bond, Held, That sureties might prove that defalcation was committed before giving of bond sued on, in which case they would not be liable Held also, That statements by officer of amount of money on hand at commencement of his third term were not conclusive on sureties: 13 Neb. 103. 16 Id. 363. Liability of principal and sureties; action against without first suing officer for tort: 5 Neb. 107. 6 Id. 535. Exaction of illegal fees is breach of condition: 5 Neb. 108. Evidence, preponderance in actions on: 12 Neb. 101. Judgment may be against any number of defendants in joint action against principal and sureties, but several actions cannot be maintained: 10 Neb. 532. Recovery may be had against principal without proof of execution: Id. Justice of peace; liability of sureties; 6 Neb. 535. 10 Id. 491. Not void in absence of law fixing penalty: 10 Neb. 435. 12 1d. 197. Liability of officer seizing wrong property: 12 Neb. 106, 583. And issuing process: 1 Neb. 363. 6 Id. 531.

SEC. 7. [Approval of bonds of county officers.]-The official bonds of all county, precinct, and township officers shall be approved by the county board: Provided, The official bonds of the county commissioners or supervisors shall be approved by the county judge. The bonds of notary public shall be approved by the county clerk. All such bonds shall be filed and recorded in the office of the county clerk, except the bonds of the county clerk and the members of the county board, which shall be filed and recorded in the office of the county judge. The official bond of school district treasurer must be approved by the director and moderator and filed in the office of the clerk of the county.

SEC. 8. [Bonds of state officers.]-All official bonds of state officers shall be executed by the principal named in such bonds, with at least three sureties, who shall be residents of the state, and worth in the aggregate the amount named in such bond over and above their present indebtedness, and affidavits of the sureties showing the value of property owned by each, and subject to levy and sale upon execution in this state, shall be made and filed with the officer approving such bond.

SEC. 9. [Bonds of county and other officers.]-All official bonds of county, precinct, and other officers, shall be executed by the principal named in such bonds, and at least two sufficient sureties who shall be freeholders of the county in which such bonds are given.

SEC. 10. [Record of bonds.]-The officers with whom any official bonds are required by law to be filed, shall carefully record and preserve the same in their respective offices, and shall give certified copies thereof, when required under the seal of their office, and shall be entitled to receive for the same, the usual fee allowed by law for certified copies of records in other cases.

SEC. 11. [Approval.]-The approval of each official bond shall be endorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved.

SEC. 12. [Obligation of bonds.]-All official bonds shall be obligatory upon the principal and sureties, for the faithful discharge of all duties required by law of such principal, for the use of any persons injured by a breach of the condition of such bonds.

SEC. 13. [Not void for informality.]-No official bond shall be rendered void by reason of any informality or irregularity in its execution or approval. SEC. 14. [Officers and attorneys not taken as sureties.]-No state or county officer, or their deputies, shall be taken as security on the bond of any administrator, executor, or other officer, from whom by law bond is or may be required, and no practicing attorney shall be taken as surety on any official bond, or bond in any legal proceedings in the district in which he may reside.

SEC. 15. [Neglect to give bond.]-If any person elected or appointed to any office shall neglect to have his official bond executed and approved as provided by law, and filed for record within the time limited by this act, his office shall thereupon ipso facto become vacant, and such vacancy shall thereupon immediately be filled by election or appointment as the law may direct in other cases of vacancy in the same office.

SEC. 16. [Persons filling vacancy.]-Any person appointed to fill a vacancy, before entering upon the duties of the office must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided.

SEC. 17. [Re-election of officers-New bond.]-When the incumbent of an office is re-elected or re-appointed he shall qualify by taking the oath and giving the bond as above directed; but when such officer has had public funds or property in his control, his bond shall not be approved until he has produced and fully accounted for such funds and property; and when it is ascertained that the incumbent of an office holds over by reason of the non-election or

SEC. 7. And see sec 4, subdivision 4, chapter 79, post, approved March 1, 1881.

non-appointment of a successor, or of the neglect or refusal of the successor to qualify, he shall qualify anew within ten days from the time at which his successor, if elected, should have qualified.

SEC. 18. [Sureties.]-No person shall be surety for the same officer for more than two successive terms of the same office.

SEC. 19. [Penalties in bonds.]-The following named officers shall give bonds with penalties of the following amounts, to wit: The governor $50,000. The lieutenant-governor $50,000. The auditor of public accounts $50,000. The secretary of state $50,000. The attorney general $50,000. The commissioner of public lands and buildings $50,000. The state treasurer not less than $600,000 and not less than double the amount of money that may come into his hands to be fixed by the governor. The superintendent of public instruction $50,000. The reporter of the supreme court $10,000. The private secretary of the governor $10,000. The deputy auditor $10,000. The deputy secretary of state, $10,000. The deputy state treasurer $50,000. The deputy commissioner of public lands and buildings $10,000. The state librarian $10,000. The warden of the penitentiary $10,000. The deputy warden $5,000. The superintendent of the insane hospital $10,000. The assistant superintendent $5,000. The steward $5,000. The principal of the blind asylum $10,000. The principal of the deaf and dumb asylum $10,000. The superintendent of the reform school $10,000. The secretary of the board of regents of the state university $10,000. Each clerk of the district court not less than $5,000 or more than $10,000 to be determined by the county board. Each district attorney $5,000. Each county clerk not less than $5,000 or more than $10,000 to be determined by the county board. Each county treasurer not less than $10,000 and not less than double the amount of money that may come into his hands, to be fixed by the county board. Each county judge in counties having less than 6,000 inhabitants $5,000, over 6,000 and less than 20,000 inhabitants $10,000, over 20,000 inhabitants $50,000. Each sheriff in counties of less than 6,000 inhabitants $5,000 and over 6,000 inhabitants $10,000. Each county superintendent of public instruction $3,000. Each county surveyor $500. Each county commissioner or supervisor when the population does not exceed 10,000, $5,000, when the population does not exceed 15,000, $10,000, when the population exceeds 20,000, $15,000. Each county coroner $5,000. Each constable $1,000. Each justice of the peace $500. Each township clerk $500. Each township treasurer $5,000. Each assessor $500. Each school district treasurer $500 or not less than double the amount that may come into his hands, the amount to be fixed by the director and moderator of the district. Each notary public $2,000. Each road overseer $500.

SEC. 20. [Officers not mentioned-Deputies.]-Officers not enumerated in the preceding section, and who are or may be required to give bonds, shall give the same in such penalty as may be provided by law or fixed by the board of officers empowered to fix the same. Deputies shall, except as otherwise specially provided, give bonds in the same manner and for the same sum as their principals.

SEC. 21. [Responsibility of officers.]—Any officer or person who is intrusted with funds belonging to the state or any county thereof, which may come into his possession by any appropriation or otherwise, shall be responsible for the same upon his bond, and when any officer or person is intrusted with any such funds, and there is no provision of law requiring him to give a bond in a certain specified sum, he shall give bond in double the amount of the sum so intrusted to him, which in the case of state funds, shall be approved by the chief justice of the supreme court, and deposited in the office of the secretary of state; and in case of county funds, such bond shall be approved by the county commissioners and deposited in the county clerk's office. And no warrant shall be issued, or money paid over to such officer or person until said bond is filed as herein provided. The county commissioners of any one of the counties of this state may require the county treasurer to give additional freehold sureties whenever in the opinion of a

majority of law [said] commissioners the existing security shall become insufficient, and said commissioners are hereby also authorized and empowered to demand and receive from said county treasurer an additional bond as required by law, with good and sufficient freehold security in such sum as said commissioners or a majority of them may direct, whenever in their opinion more money shall have passed or is about to pass into the hands of said treasurer than is or would be recovered by the penalty in the previous bond, and if any county treasurer shall fail or refuse to give such additional security or bond for and during the time of ten days from and after the day on which said commissioners shall have required said treasurer so to do his office shall be considered vacant, and another treasurer shall be appointed agreeably to the provisions of law.

SEC. 22. [Act applies to receivers, etc.]-The provisions of this act, except as otherwise provided by law, apply to the bonds of receivers, executors, administrators, and guardians.

SEC. 23. [Acts repealed.]—"An act concerning official bonds and oaths," approved February 19, 1873; sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, chapter 5 Revised Statutes of 1866, entitled "Bonds;" sections 3 and 4, chapter 37, Revised Statutes of 1866, sections one and two of "An act to define the duties of secretary of state," approved February 15, 1877; sections 9 and 10 of "An act to provide for the election of an attorney general," approved February 15, 1869; section 1 of "An act defining the duties of the commissioners of public lands and buildings," approved February 19, 1877; "An act to amend section 8, chapter 5, of the Revised Statutes," approved February 15, 1869; section 89 of "An act to establish a system of public instruction for the state of Nebraska," approved February 15, 1869; section 9 of "An act regulating the state library," approved March 3, 1871; section 8 of "An act to provide for the election of district attorneys and to define their duties," approved June 11, 1867 ; section 36 of "An act concerning the organization, powers and jurisdiction of probate courts, approved March 3, 1873; section 15 of "An act for the government of the hospital for the insane," approved March 3, 1873; section 30 of "An act to provide for the erection of a penitentiary, and for the care and custody of state convicts," approved March 4, 1870; section 10 of "An act to erect and maintain an institution for the blind," approved February 19, 1875; and all acts and parts of acts inconsistent herewith are hereby repealed; Provided, That such repeal shall not operate as a release of any officer or his sureties from liability incurred on any official bond heretofore given by him.

SEC. 24. [Act applies to those in office.]-The provisions of this act shall apply to all officers now holding office, except that such officers shall not be required to qualify anew or file new bonds. And the principal and sureties on any bond heretofore given, and otherwise regular and valid, shall be liable for any breach of the conditions of such bond, although there were no provisions of law requiring the execution of a bond by such principal, or affixing a penalty therein.. SEC. 25. [Emergency clause. Act took effect Feb. 28, 1881.] ~

CHAPTER 11.-CENSUS.

SECTION 1. [When taken.]-That a census of the population, wealth and industry of Nebraska shall be taken on or for the date of June first, eighteen hundred and eighty-five. [1885, chap. 10.] SEC. 2. [Superintendent-Powers-Duties.]-Such census shall be taken under direction of a superintendent, to be appointed by the governor, according to schedules and forms of enumeration required by act of congress for the taking of the tenth census of the United States, and shall in all other respects conform thereto except as herein otherwise specially provided. Said superintendent shall, immediately upon receiving his appointment, procure copies of

"An act to provide for the taking of a census, and to define the powers, duties and liabilities of officers,. citizens, companies and corporations in relation thereto."

blank forms and schedules as prepared by the superintendent of the tenth census of the United States, and cause a sufficient number of copies thereof to be printed and sent to enumerators of the census on or before the fifteenth day of May, 1885, together with such other full, complete and ample instructions as will insure accurate and complete returns: Provided, That facts and statistics required by such schedule to be obtained from railroad corporations, express companies, telegraph companies, telephone companies and insurance companies of this state. shall be obtained by the superintendent direct from such companies as of date of June 1, 1885, or for the fiscal year of such corporation or companies having its termination nearest to said day of June; and to this end, each and every one of such companies and corporations, by its officers and agents, shall, on or before the first day of August following, file with said superintendent duplicate schedules of such facts and statistics according to forms and schedules furnished by such superintendent, one copy of which shall be kept by said superintendent, and the other copy, duly authenticated by him, forwarded with other schedules and returns to the secretary of the interior of the United States as hereinafter provided; and each and every company or corporation required by this act to furnish such information, which shall fail so to do in manner and form and within the time required by this act, shall forfeit and pay the sum of five thousand dollars, to be recovered by civil action in the name of the state, to be brought by the attorney general; and each and every company or corporation incorporated under the laws of this state, which shall fail to furnish such information in the form and manner and within the time required by this act, shall forfeit their franchise and be subject to judgment of ouster and forbidden to transact any further business in this state, action therefor to be brought by the attorney general in the name of the state in any court of competent jurisdiction. Provided further, That if any such company or corporation shall fail to give such information and make such returns within the time required, it shall be the duty of the superintendent of the census to employ such special agents as may be necessary, who shall ascertain such information from the officers or records of such company or corporations or any other authentic and reliable source, and the expense thereof and of preparing copies of the same for transmission to the secretary of the interior shall be borne by such company or corporation, and in case of their failure to pay therefor within thirty days after demand made by said superintendent, it shall be the duty of the attorney general to institute an action in the name of the state for the recovery of such amount against such company or corporation, in any court of competent jurisdiction.

SEC. 3. [Enumerators-Oath.]-The superintendent of the census shall also apportion the state into districts most convenient for such enumeration, such districts to conform as nearly as possible to districts as apportioned for the census of 1880, and according to precinct and township lines, and on or before the fifteenth day of April appoint one enumerator for each district from among the citizens who are residents thereof, immediately notifying, in writing each enumerator of his appointment, and accompanying such notification with a blank containing oath of office, together with a suitable stamped and suitable envelope directed to the superintendent. The oath shall be in the following form : "I,.. an enumerator for taking the census of Nebraska for the year 1885, do solemnly swear (or affirm) that I will make a true and exact enumeration of all the inhabitants within the district assigned me, and will also faithfully collect all other statistics therein, as provided by law, and in conformity with all lawful instructions which I may recieve, and will make due and correct returns thereof as required by law, and will not disclose any information contained in the schedules, lists, or statements obtained by me to any person or persons, except to my superior officers.

Signed,

66

SEC. 4. [Same.]-On receipt of his appointment, each enumerator shall take and subscribe his oath before a justice of the peace, or any officer authorized