with and cancelled by the county clerk, and his receipt taken therefor and retained by said treasurer. The moneys thus collected and remaining in the hands of the county treasurer, after the payment of the said interest as herein provided, except a sufficient amount to pay the accruing interest upon such bonds for the current year, shall be retained as a sinking fund for the final redemption of such bonds, and shall be, by the county treasurer, when so ordered by the county commissioners, invested as follows, to wit: First, in redeeming the bonds of the county issuing the same; Second, in the bonds of the state of Nebraska; Third, in the bonds of the United States, provided that the bonds thus purchased, shall in all cases be purchased at the lowest market price, after twenty days' notice by publication in at least one newspaper published and in general circulation at the capital city or town of the state; the cost of which advertising at legal rates, shall be paid out of the sinking fund for the redemption of such bonds. [ld. § 6.]

SEC. 16. [Payment.]-When the interest and principal, or interest only, of such registered bonds are payable in New York city, or elsewhere, out of the state, payment shall be then made at the place so designated in such bond or coupon, or at the financial agency of the state for such purposes, and in order that the funds may not be misapplied, the county treasurer shall procure a draft for the amount, to be transmitted by drawing his check on some bank in this state, and both check and draft shall be so endorsed as to show upon what bond or bonds the funds shall be applied; or at the request of the party holding or owning said bonds, payment may be made at the office of said treasurer. [Id. § 7.]

SEC. 17. [Liability of Treasurer.]-The tax and funds so collected shall be deemed pledged and appropriated to the payment of the interest and principal of the registered bonds herein provided for, until fully satisfied, and the county treasurer shall be liable on his official bond, for the faithful disbursements of all moneys so collected or received by him. [Id. § 8.]

SEC. 18. [Cancelation-Treasurer's fee for payment.]—That when any registered bonds shall mature, the same shall be paid off by the county treasurer, at the place where the same are payable, out of any money in his hands or under his control for that purpose, and when so paid the same shall be endorsed by the county treasurer on the face thereof, "Canceled", together with the date of such payment; and thereupon be filed with the county clerk, who shall enter satisfaction of such bonds in the record where the same are registered. In case said bonds are payable out of the state, an allowance of one-fourth of one per cent. shall be made to the county treasurer for the expense attendant in making such payment, to be deducted from any money in his hands remaining after payment of such matured bonds. [Id. § 9.]

SEC. 19. [Published statement.]-The county treasurer and county clerk shall when ordered by the county commissioners, publish a detailed statement of the business transacted by them under the provisions of this act. [Id. § 10.]

SEC. 20. [Registration of bonds voted but not issued-Statement.-It shall be the duty of the proper officers of any county, township, precinct, city or school district in which any bonds, issued for work of internal improvement, have been heretofore voted under the authority of any law of this state, before the issuance of such bonds, to make a written statement of all proceedings relative to the vote upon the issuance of such bonds, the notice of the election, manner and time of publication, questions of submission, results of a canvass of the vote on the proposition on account of which it is proposed to issue such bonds, together with a full statement of the assessed valuation and total bonded indebtedness of the county, as well as the assessed valuation and total bonded indebtedness of the township, precinct, city or school district voting such bonds. Such statement shall be certified to under oath, by the proper board or city council, and be transmitted with the bonds proposed to be issued to the auditor of public accounts. [1879 § 1, 177.]

SEC. 21. [Duties of auditor.-The auditor shall examine the statement and bonds so submitted to him, and if he be satisfied that such bonds have been voted in conformity to law, and are in all respects in due form, he shall record

the statement and register the bonds in his office, and no such bonds shall be issued or be valid unless they shall be so registered and have endorsed thereon a certificate of said auditor and secretary of state, showing that such bonds are issued pursuant to law, the data filed in the office of said auditor being the basis of such certificate. [Id. § 2.]

SEC. 22. [Registration-Taxes.]-Upon the registration of such bonds aforesaid, the auditor of public accounts shall certify the fact to the proper officers of such county, city, township or school, or school district, whose duty it shall be to enter the same upon the records of the county, city or township, as the case may be, and taxes for the payment of such bonds and the interest thereon shall be levied in the manner provided by law. [Id. § 3.]

SEC. 23. [Registration of precinct bonds.]-Whenever the holder of precinct bonds, issued under any law of this state for the purpose of the erection of bridges wholly within the limits of a county, shall present the same to the auditor and secretary of state, together with duplicate statements of the question of submission, notice and proof of publication, return of votes for and against, duly certified by the county clerk, it shall be the duty of said officers to examine said bonds and statements, and if they be satisfied that such bonds are in all respects in due form and been properly issued, to enter that fact upon the records of their respective offices, together with said statements, and thereupon the secretary and auditor shall place their joint certificate upon said bonds, and the auditor shall register the same in his office, such certificate showing that such bonds were issued pursuant to law, the data filed with such officers being the basis of such certificate. [1885, chap. 8. § 1.]

SEC. 24. [Same-taxes to pay.]-Upon the registration of such bonds it shall be the duty of the auditor to certify that fact to the proper county board, and thereupon said board shall, at the usual time of levying taxes in each year, levy a tax upon all the property of the proper precinct, sufficient to pay the annual interest on said bonds, and the principal thereof in accordance with the terms of the proposition under which said bonds were issued. Taxes so levied shall be collected by the county treasurer as other taxes are collected, and the amounts due on said bonds paid to the holder thereof. [Id. § 2.]

SEC. 25. [Refunding bonded indebtedness of precincts.]-That when the county commissioners of any county issue coupon bonds to refund the bonded indebtedness of any precinct in the state of Nebraska, and in case an exchange of said refunding bonds can not be effected, the county commissioners are hereby authorized to sell said refunding bonds from time to time, at not less than their face value, in such sums as may be necessary to create a fund for the redemption of the outstanding bonds aforesaid, and the money realized from the sale of said refunding bonds shall not be expended or used for any other purpose than for refunding said outstanding bonds. [1885, chap. 9, § 1.]

SEC. 26. [Registration.]-It shall be the duty of the auditor of state to register such substituted bonds, and of the secretary and auditor of state to certify the same, and a tax to pay the interest and principal thereof shall be levied in the same manner as is now provided by law or the constitution in the case of other precinct bonds. [Id. § 2.]

SEC. 27. [Duty of county clerk.]-That the county clerk of each county shall certify under the seal of the county to the auditor, the number, amount, and description of each bond canceled, or to be canceled and refunded, and the amount due thereon for principal and unpaid interest, and thereupon the auditor is authorized to register a similar amount of refunding bonds. But in no case shall the auditor register any refunding bonds in excess of the amount so certified to him by the county clerk as aforesaid; and that said bonds shall be entitled to registration as aforesaid, in the order that they are presented to the auditor. Id. §3.]

SEC. 28. [Applicability of act.]-That the registration provided for in this act shall apply to all refunding bonds already issued, or to be issued in conformity with the provisions of this act, and all other precinct bonds that are, or have been legally issued, and are not now in litigation. [Id. § 4.]

SEC. 29. [Village and city bonds-Registration.]—That all bonds hereafter issued by the corporate authorities of any village or city of the second class shall, before such bonds or any of them are sold or negotiated, be presented to the auditor of public accounts, and he shall examine such bonds and all proceedings relative to their issue, and if he be satisfied that such bonds have been legally issued for a lawful purpose, register the same in his office in a book kept by him for such purpose, and shall under his seal of office certify upon such bonds the fact that they have been regularly and legally issued, and that such bonds have been registered in his office in accordance with the provisions of this act, the data filed in his office being the basis of such certificate. [1885, chap. 7, § 1.] [Cited 19 Neb. 240.]

SEC. 30. [Same.]-Whenever the holder of any bond heretofore issued by any village or city of the second class shall present the same to the auditor of public accounts for registration, he shall examine such bonds and the proceedings under which the same were issued, and if he be satisfied that such bonds were legally issued for a lawful purpose, register the same in his office in a book to be kept for that purpose, and shall under his seal of office certify upon such bonds. the fact that they have been regularly and legally issued, and that such bonds have been registered in his office in accordance with the provisions of this act, and the data filed in his office being the basis of such certificate. [Id. § 2.]

SEC. 31. [Duty of clerks.]--It shall be the duty of the clerk of any village or city of the second class in which any bonds may hereafter be issued, to transmit with such bonds to the auditor of public accounts, a duly certified transcript of all the proceedings had, previous to the issuance of such bonds relative thereto, for the information of said auditor, and it is hereby likewise made the duty of the 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. [Id. § 3.]

SEC. 32. [Compromising indebtedness.]-That any county, precinct, township or town, city, village or school district is hereby authorized and empowered to compromise its indebtedness in the manner hereinafter provided. [1887, chap. 8, §1.1

SEC. 33. [Negotiations.]—Whenever the county commissioners of any county, the city council of any city, the board of trustees of any village or school board of any school district shall be satisfied by petitions or otherwise that any such county, precinct, township or town, city, village or school district, is unable to pay in full its indebtedness, and two-thirds (3) of the resident tax payers of such county, precinct, townships or towns, city, village or school district shall by petition, ask that such county, precinct, township, town, city or village or school district, to compromise such indebtedness, they are hereby empowered to enter into negotiations with the holder or holders of any such indebtedness of whatever form, scaling, discounting or compromising the same. [Id. § 2.]

SEC. 34. [Bonds.]-Whenever satisfactory arrangements are made with the holder or holders or any of them of such indebtedness and upon a surrender of the same for cancelation or satisfaction the county commissioners for and on behalf of any such county, precincts, townships or towns, or the city council of any such city, or the board of trustees of any such village or school board of any such school districts shall upon petition of two-thirds (3) of the resident tax payers of such county, precinct, township or town, city, village or school district, have authority and they are hereby empowered to issue the bonds of such county, precinct, township or town, city, village or school district to the holder or holders of the indebtedness so surrendered, canceled or satisfied for the amount agreed upon, not exceeding the original indebtedness. [Id. § 3.]

SEC. 35. [Payment-Interest.]-Before issuing bonds under the provisions of this act the board issuing the same shall by resolution enter upon its records, recite the number and denomination of the bonds to be issued, the rate of interest and to whom and when payable. Such bonds shall be payable in not more than twenty (20) years from the date of their issue or at any time before maturity at the option of such municipality. They shall bear interest at a rate not exceeding seven (7) per cent. nor the rate borne by the bond surrendered, with interest coupons attached, payable annually or semi-annually, and said board

may levy a tax on all the taxable property in such county, precinct, township or town, city, village or school district in addition to other taxes to pay the interest and principal of said bonds as the same shall mature and such tax levy for interest may be paid in cash or in such coupons. [Id. § 4.]

SEC. 36. [Record.]-Every board issuing bonds under the provisions of this act shall keep a complete record of all the transactions connected therewith. [Id. § 5.]

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:

"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 officii 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 boud 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 ld. 197. Liability of officer seizing wrong property: 12 Neb. 106, 583. And issuing process: 1 Neb. 363. 6 Id. 531. Not invalid because signed immediately beneath penal portion. 16 Neb. 7. 17 Id. 76.

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.1-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, SEC. 12. Bond of assessor. 20 Neb. 598. SEC. 14. Attorney not proper surety, but if he becomes so, and his bond is approved, he is bound thereby. 17 Neb. 209.