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,

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

by law to administer oaths, and return the same by mail to the superintendent] without delay.

SEC. 5. Blank forms-Neglect of enumerators.]-Upon the reception of such oath the superintendent shall forward to each enumerator a sufficient number of blanks, forms and schedules, with instructions for the taking of the census in his district, as provided in section two. Should any enumerator at first appointment fail to qualify and return the oath to the superintendent on or before the tenth day of May, the superintendent shall at once thereafter appoint some other suitable person, who shall qualify as hereinbefore provided, and be furnished with blank forms, schedules and instructions for the taking of the census in this (that) district. Should there be any enumeration district which shall not contain any person qualified to perform, and willing to undertake the duties of enumerator, the superintendent may appoint any fit person resident of the county to be the enumerator of that district.

SEC. 6. Census taken.]-The enumerator (tion) provided for by this act shall commence on the first day of June, and be taken as of that date, and each enumerator shall prosecute the canvass of his subdivision from that date forward on each week day without intermission, except for sickness or other urgent cause, and any unnecessary cessation of his work shall be sufficient ground for his removal and the appointment of another person, by the superintendent, in his place. And it shall be the duty of each enumerator to complete the enumeration of his district, and to prepare the returns required to be made, and to forward the same to the superintendent as soon as completed, and on or before the first day of July following, and in any city having over 10,000 inhabitants under the census of 1880 the enumeration shall be taken within two weeks from the first day of June; and any delay beyond the dates above respectively, on the part of any enumerator, shall be sufficient cause for witholding the compensation to which he would be entitled by compliance with the provisions of this act, until proof satisfactory to the superintendent shall be furnished that such delay was by reason of causes beyond the control of such enumerator.

SEC. 7. Duty of superintendent.]-It shall be the duty of the superintendent, upon the reception of returns from enumerators, to carefully examine and scrutinize the same, in order to ascertain whether the work has been performed in all respects in compliance with the provisions of law, and in compliance with the requirements of the act of congress for the taking of the census of 1880, and whether any town or village or any integral portion of the district has been omitted from the enumeration, and in event of discrepancies or deficiencies appearing in any return, to use all diligence in causing the same to be corrected or supplied. It shall also be the duty of the superintendent at all times during the taking of the census to advise with and counsel enumerators in person and by letter as freely and as fully as may be required to secure a correct and accurate census, to provide each enumerator with forms, schedules and instructions, and for the early and safe transmission to his office of the returns of enumerators, embracing all schedules filled by them in course of such enumeration, and for the due receipt and custody of the returns of enumerators, during the work herein provided for.

SEC. 8. Copy of returns for United States.]-It shall be the duty of the superintendent as fast as returns are received, after examination as provided in the preceding section, to cause a full and complete copy of each schedule returned and report made by enumerators to be prepared, properly authenticate the same under his hand, properly arrange and classify them by counties and cause the same, together with a certified copy of the oath taken by each enumerator, to be deposited with the secretary of the interior of the United States on or before the first day of September following, and procure from the secretary of the interior the certificate provided for in section twenty-two of the act of congress for the taking of the tenth census of the United States, approved March 3, 1879 and

deliver said certificate to the governor. Upon the reception of such certificate the governor shall make a demand upon the treasurer of the United States for the amount which the state is entitled to receive under said act of congress, and when such demand is paid, to pay the amount received into the state treasury.

SEC 9. [Compiling returns.]-It shall also be the duty of the superintendent to compile the returns received by enumerators, arrange them in suitable tables and deliver the same to the governor, who shall incorporate such tables in his next biennial message. The original returns of enumerators and other original reports shall be deposited in the office of the secretary of state.

SEC. 10. [Pay of enumerators.]-Each enumerator shall receive compensation at the same rates allowed by the United States for taking the census of 1880, to-wit; two cents for each living inhabitant, two cents for each death reported, ten cents for each farm, and fifteen cents for each establishment of productive industry enumerated and returned. Provided, That the districts west of the 99th meridian and the counties of Holt, Wheeler, Garfield, and Greeley, the enumerator shall receive three (3) cents for each living inhabitant, fifteen (15) cents for each farm, eighteen (18) cents for each establishment of productive industry, and three (3) cents for each death reported and returned, which shall be full compensation for all services. Accounts thereof shall be made out, certified as correct by the superintendent, approved by the secretary of state and paid by warrant of the auditor in the same manner as other accounts against the state are paid.

SEC. 11. [Clerks.]-The superintendent shall employ two clerks at a salary of one hundred dollars each per month for the period of six months, and such number of competent clerks between the first day of July and the first day of September, not exceeding fifteen, at a salary of three dollars per day for each day necessarily employed, as will enable him to perform the duties devolved upon him by this act, and to insure a full, complete and accurate census in accordance with the requirements of the act of congress for the taking of the census of 1880. The employes herein provided for shall be paid as other employes of the state are paid, vouchers therefor to be approved by the superintendent.

SEC. 12. [Printing.]—A contract for the printing of all forms, schedules, reports, and returns required and necessary stationery, shall be let by the state printing board to the lowest responsible bidder, after having been duly advertised for at least two weeks in one newspaper published in each of the cities of Lincoln, Omaha, Grand Island and Hastings, such contract to be let as soon as possible after the taking effect of this act, and accounts therefor paid out of money hereinafter appropriated.

SEC. 13. [Neglect by enumerator-Penalty.]-Any enumerator who, having taken and subscribed the oath required by this act, shall without justifiable excuse neglect or refuse to perform the duties required of him as such enumerator, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding two hundred dollars; or if he shall willfully or knowingly swear or affirm falsely, he shall be deemed guilty of perjury, and on conviction thereof be imprisoned in the penitentiary not exceeding two years; or if he shall willfully and knowingly make false certificates or fictitious returns he shall on conviction be punished by imprisonment in the penitentiary not exceeding one year.

SEC. 14. [Duty of Persons.]-Each and every person more than twenty years of age belonging to any family residing in any enumeration district, and in case of the absence of the heads and other members of such family, then any agent of such family shall be, and each of them hereby is required, if thereto requested by the enumerator, to render a true account according to the best of his or her knowledge of each person belonging to such family, and answer all other questions put by the enumerator, according to the best of his or her knowledge, in the various particulars required by law; and whoever