such other authority as may have the control of fire regulations in the city or town where such hotel or lodging house is located; but such appliance shall, in all cases, be so constructed as to be under the control and management of any lodger in such

room.

2012. The owner or owners of every hotel or lodging house in this state, over three stories in height, shall provide, without delay, such hotel or lodging house with permanent iron balconies, with iron stairs leading from one balcony to the other, to be placed at the end of each hall above the third story, in case such hotel is over one hundred feet in length, and in other cases such number as may be directed by the fire department, or such other authority as may have the control of fire regulations in any city or town where such hotel or lodging house is located. Such balconies and iron stairs shall be constructed at the expense of the owner of such hotel or lodging house.

2013. It shall be the duty of every such proprietor or keeper of any hotel or lodging house to post notices in every such room of such hotel or lodging house, calling attention to the fact that this act has been complied with, and the part of such room where such coil of rope or rope ladder is fastened.

2014. Any violation of any of the provisions of this act herein before contained shall be deemed a misdemeanor and indictable as such; and any person convicted thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and costs of prosecution, and imprisoned until such fine and costs are paid.

2015. In hotels or lodging houses containing more than fifty rooms, and being four or more stories high, the proprietor or lessee of each hotel or lodging house shall employ and keep at least one competent watchman, whose duty it shall be to keep watch and guard in such hotel or lodging house against fire, and to give warning in case a fire should break out. Such watchman shall be on duty between the hours of nine o'clock P. M. and six o'clock A. M., and in case of fire he shall instantly awaken each guest and all other persons therein, and inform them of such fire. A large alarm bell or gong shall be placed on each floor or story, to be used to alarm the inmates of such hotel or lodging house in case of fire therein. It shall be the duty of every proprietor, or keeper of such hotel or lodging house, in case of fire therein to give notice of same to all guests and inmates thereof at once, and to do all in their power to save such guests and inmates.

2016. Should such watchman leave his post of duty in such hotel or lodging house for more than fifteen minutes at any one time during the hours specified for him to be on watch, or if he shall sleep while on duty, or if he shall fail to awaken the persons sleeping in such hotel or lodging house, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not exceeding one year, or by a fine of not less than fifty dollars nor more than five hundred dollars.

2017. Every proprietor of such hotel or lodging house who shall fail to comply with the requirements of section five of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in the same manner as is provided in section four of this chapter [2014].

2018. This act shall be given in charge to the grand jury at each session. And they shall make due inquiry and indict and bring to trial all parties found guilty of violating any of its provisions.

2019. All fines imposed or collected for any violation of the provisions of this act shall be paid to the treasurer of the county where such offense is committed for the use and benefit of the common school fund.

2020. All hotels or lodging houses hereafter constructed in this state over two stories in height and over one hundred feet in length shall be constructed so that there shall be at least two stairways for the use of the guests leading from the ground floor to the uppermost story. And all out doors shall be so hung that they shall open on the outside instead of the inside of such hotel.

CHAPTER 23.-INTEREST.

Secs. 2021 to 2031. "An act to amend chapter 34, General Statutes (being chapter 28 of Revised Statutes of 1866), entitled 'Interest."" 1879, p. 13. In force June 1.

2021. Any rate of interest which may be agreed upon, not exceeding ten dollars per year upon one hundred dollars, shall be valid upon any loan or forbearance of money, goods, or things in action; which rate of interest so agreed upon may be taken yearly, or for any shorter period, or in advance, if so expressly agreed. Where the full legal rate is contracted for in coupons, interest will not be allowed on them. 25, 102 (41 N. W., 130); modifying 23, 536 (37 N. W., 265). But where interest on coupon and on original debt does not exceed ten per cent it can be recovered. 28, 358 (44 N. W., 451). Interest on interest will not be enforced. 23, 539 (41 N. W., 130; 37 N. W., 265). Note drew interest at the rate of ten per cent from date until maturity, and if not paid at maturity the principal was to draw interest at the rate of twenty-four per cent per annum from maturity until paid. Held a penalty and not usurious. 14, 433 (16 N. W., 436). Holder of note calling for twelve per cent, which was the legal rate at its date, entitled to that rate though reduced before maturity; but not to interest on coupons. 27, 648–9 (43 N. W., 405). In payments interest should be first deducted. 4, 199. See 4, 193.

2022. Interest upon the loan or forbearance of money, goods, or things in action shall be at the rate of seven dollars per year upon one hundred dollars, unless a greater rate, not exceeding ten per cent per annum, be contracted for by the parties.

2023. Interest on all decrees and judgments for the payment of money shall be from the date of the rendition thereof at the rate of seven dollars upon each one hundred dollars annually until the same shall be paid; Provided, That if said judgment or decree shall be founded upon any contract, either verbal or written, by the terms of which a greater rate of interest, not exceeding the amount allowed by law, than seven per centum shall have been agreed upon, the rate of interest upon such judgment or decree shall be the same as provided for by the terms of the contract upon which the same was founded.

15, 326 (18 N. W., 79).

2024. On money due on any instrument in writing, or on settlement of the account from the day the balance shall be agreed upon, on money received to the use of another, and retained without the owner's consent, express or implied, from the receipt thereof, and on money loaned or due, and withheld by unreasonable delay of payment, interest shall be allowed at the rate of seven per cent per annum. Unsettled accounts between parties shall bear interest after six months from the date of the last item thereof.

This applies to an account running for several years. 16, 58 (20 N. W., 12). In an action on executor's bond, interest on amount due should be seven per cent. 24, 262 (38 N. W., 750); 10, 137 (4 N. W., 942).

2025. If a greater rate of interest than is herein before allowed shall be contracted for or received or reserved, the contract shall not, therefore, be void; but if in any action on such contract proof be made that illegal interest has been directly or indirectly contracted for, or taken, or reserved, the plaintiff shall only recover the principal, without interest, and the defendant shall recover costs; and if interest shall have been paid thereon, judgment shall be for the principal, deducting interest paid; Provided, The acts and dealings of an agent in loaning money shall bind the principal, and in all cases where there is illegal interest by the transaction of the agent, the principal will be held thereby as if he had done the same in person. Where

the same person acts as agent for the borrower who obtains the money from the lender, he shall be deemed to be the agent of the loaner also.

Usury defined. 10, 541 (7 N. W., 289). Burden of proving usury is on him who pleads it. But when usury is proved, the holder, to avoid it, must show that he is a bona fide purchaser before maturity. In case stated, person negotiating loan was held agent of lender and not of borrower, notwithstanding a recital in the application to the contrary. 11, 487 (9 N. W., 650). Plea of usury is not such a set-off or counter-claim as can be retained and tried after action is dismissed by plaintiff. 12, 505 (11 N. W., 753). Where borrower goes into a court of equity to obtain relief from usurious contract, he must tender principal and lawful interest. 24, 82 (37 N. W., 941). Negotiable promissory note in hands of bona fide purchaser without notice before due is not subject to defense of usury. And a mortgage securing such a note is discharged of all equities which may exist between the original parties. 14, 416 (16 N. W., 471). Defense of usury cannot be set up against an innocent purchaser before maturity. 9, 228 (2 N. W., 339). Defense of usury is personal to the borrower and cannot be set up by mere purchaser of equity of redemption. 27, 404 (43 N. W., 178). Where usury is shown in original transaction, burden is upon holder of notes to show that he is a bona fide purchaser. Payments of interest on usurious loan will be applied to principal. 24, 633 (39 N. W., 786). Not necessary to state rate of interest in note. Surety may plead. 7, 58. Where legal rate charged, contract not tainted with usury if a greater than legal interest charged after debt matures. 9, 454 (4 N. W., 51). When a legal rate of interest is agreed upon, and the maker afterwards agrees to pay a greater rate, such agreement does not affect the first agreement. 4, 207. It is immaterial in what form the extra charge is made, whether it is taken as a gift, etc., or straight per cent. 3, 259; 4, 205; 6, 154. Every subsequent security given for a loan originally usurious, however remote or often renewed, is usurious, aud court will apply all payments of interest upon such usurious loan as a payment, pro tanto, of the principal. 11, 465 (9 N. W., 648). Contract made for legal rate to second party who has note made to third party, taking a less sum in cash than the contract called for, not usury. 9, 15 (2 N. W., 353). Where agent of lender exacts bonus or commission in addition to lawful interest, contract is usurious. 5, 263; 6, 154; 8, 426; 12, 189 (10 N. W., 698); 13, 158 (12 N. W., 916). Employer takes usurious contract subject to all instrumentalities employed by his agent in its consummation. 14, 94 (15 N. W., 214). Where borrower agrees to pay agent a stipulated sum for negotiating a loan for him of which principal is ignorant, contract not tainted with usury. 3, 260; 24, 817 (40 N. W., 415); 27, 880 (44 N. W., 41). Costs;" this means costs of the whole action. 17, 307 (22 N. W., 565). Stipulation in a promissory note for "attorney's fee" is void. 11, 96 (7 N. W., 857); 11, 399 (9 N. W., 475). See 8, 50; 27, 269 (42 N. W., 116).

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2026. Any person charged with taking illegal interest may be required to answer touching the same, on oath, in any civil proceeding.

2027. Relief to a complain[an]t in case of an usurious loan may be given without payment or tender by him of the principal sum.

2028. Any officer or agent of a person or a corporation, whether interested or not, may be summoned as witness in any action for usury against such person or corporation, and required to disclose all the facts of the case, but the testimony of such witness, or the answer of the party as required in section 6 [2026], shall not be used against such witness or party in any criminal prosecution for perjury.

2029. When in any law, or in any instrument in writing specifying a rate of interest, no period of time is mentioned for which such rate is to be calculated, it shall be deemed to be by the year.

2030. All warrants issued by the proper authorities of the state, county, city, town, or other municipal subdivision less than a county, shall draw interest from and after the date of their presentation for payment at the rate of seven per cent per annum, and all bonds issued by any county, city, township, precinct, or school district, shall not draw interest at a rate exceeding eight per cent per annum.

2031. The rate of interest fixed by this chapter shall not affect interest on purchase money of school, university, and agricultural college lands, or on lands delinquent or sold for the non-payment of taxes.

CHAPTER 24.-IRRIGATION.

ARTICLE I.-WATER RIGHTS.

Secs. 2032 to 2061. "An act to provide for water rights and irrigation, and to regulate the right to the use of water for agricultural and manufacturing purposes, and to repeal sections 158 and 159 of chapter 16 of the Compiled "Statutes of 1887, entitled Corporations."" 1889, p. 503.

In force March 27.

2032. The right of the use of running water, flowing in a river or stream, or down a canyon or ravine, may be acquired by appropriation by any person or persons, company, or corporation organized under the laws of the state of Nebraska; Provided, That in all streams not more than fifty feet in width the rights of the riparian proprietors are not affected by the provisions of this act.

2033. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose, the right ceases.

2034. No tract of land shall be crossed by more than one ditch, canal, or lateral without the written consent and agreement of the owner thereof, if the first ditch, canal, or lateral can be made to answer the purpose for which the second is desired or intended.

2035. All ditches, canals, or laterals used for the purpose of irrigation shall be exempt from all taxation, whether for state, county, or municipal purposes.

2036. The person, company, or corporation entitled to the use may change the place of diversion if others are not injured by such change, and may extend the ditch, flume, or aqueduct by which the diversion is made to places beyond that where the first use was made.

2037. The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream than that from which it is taken or appropriated.

2038. As between appropriators the one first in time is first in right.

2039. A person, company, or corporation desiring to appropriate water must post a notice in writing in a conspicuous place at the point of the intended diversion, stating therein: 1st. That he, they, or it claims the water there flowing to the extent of (giving the number) inches, measured under a four inch pressure, and accurately describing the point of diversion. 2d. The purpose for which he, they, or it claim it and the place of intended use. 3d. The means by which he, they, or it intend to divert it, and the size of the flume, ditch, pipe, or aqueduct in which it is intended to divert it. A copy of the notice must within ten days after it is posted be recorded in the office of the county clerk of the county in which it is posted.

2040. Within sixty days after the notice is posted the claimant must commence the excavation or construction of the works in which it is intended to divert the water, and must prosecute the work diligently and uninterruptedly to completion unless temporarily interrupted by snow or rain.

use.

2041. By completion is meant conducting the water to the place of intended

2042. By compliance with the above rules, the claimant's right to the use of water relates back to the time the notice was posted.

2043. A failure to comply with such rules deprives the claimant of the