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work and the amount and estimates of the same. He shall also from time to time report such other information as the board may require. Upon the approval of the estimates of said superintendent the Contractor, board of regents shall issue to the contractor entitled thereto their certificate as herein before provided, for eighty per cent of the amount of such estimate, and upon such certificate the auditor is directed to issue his warrant upon the university fund for the amount of the same; when said building is fully completed to the satisfaction of said board, a final estimate shall be made and the balance remaining due under the contract shall be paid in the manner aforesaid;

Provided, That the total expenditure on account Limit oi exof said building under this act shall not exceed fifty (50) thousand dollars; and

Provided, further, That payments made under Payments to be the provisions of this act to parties entitled thereto, fill of all deshall be accepted by them in full of all demands against the state, for material furnished and labor performed on behalf of the erection of said building, and they shall execute a release in writing to the state of all such demands. The said board of regents shall fix the compensation of the architect Compensation for making the general plans, specifications, and detailed working drawings for said building, not exceeding three per cent of the contract price of said building, and shall also fix the compensation Serupt..of conof the superintendent of construction, not exceeding two per cent of the contract price of said building, which amounts shall be paid from time to time How pald,

Failure of contractor.

upon the certificates of said board, and warrants of the auditor as herein before provided. The said board of regents may discharge said superintend

ent at any time for incompetency or neglect of Bond of supt. duty. They shall also require him to give such se

curity as they may fix for the faithful discharge of his duties.

SEC. 4. In the event that the party to whom the contract for the erection of said building may be awarded, shall fail for the space of fifteen days after such award to give the bond required by section 3 of this act, the said board of regents shall proceed to cancel the said award and shall also

proceed to re-let the contract, and the defaulting party shall be liable to the state for all damages sustained by reason of such default or the re-letting of said contract. The said board of regents are hereby fully authorized and empowered to make all needful orders and regulations, and to perform all acts necessary to carry into effect the provisions of this act.

Sec. 5. It shall be the duty of the treasurer to pay such warrants as are issued under the provisions of this act, when presented, whenever the are sufficient funds in his hands belonging to the university fund.

Approved March 4, 1887.

Damages.

Powers delegated.

Warrants, how paid.

SPECIAL LAWS.

(785)

SPECIAL LAWS.

CHAPTER 137.

AN ACT for the relief of Ezra Leonard Smith.

Leonard L
Smith,

WHEREAS, Leonard H. Smith, of Fort Calhoun, Estate of in the county of Washington and state of Nebraska, in the year A.D. 1881, died intestate leaving real and personal estate which escheated to the state of Nebraska, and there has been paid in cash into the treasury of the state the sum of seven thousand one hundred and seventy-two dollars and eighty-three cents from said estate, and certain evidences of indebtedness and certain real estate at said Fort Calhoun, the former property of said estate, have by virtue of said escheat become the property of the state of Nebraska, and

WHEREAS, One Ezra Leonard Smith, of Hood Claimant River, in the county of Wasco, and state of Oregon, now makes claim as nephew and only surviving heir of said estate to all the assets of the said estate, therefore Be it enacted by the Legislature of the State of Ne

braska: SECTION 1. That the sum of seven thousand Appropriation. one hundred and seventy-two dollars and eightythree cents is hereby appropriated out of any 25

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