ting forth that fact, to be posted in said hotel, lodging or boarding house, and the bureau shall keep a record of all buildings so examined and posted.

2068. The commissioner or his deputy may post in any factory or workshop examined by him the laws now or hereafter to be made in respect to child labor, hours of labor, fire escapes, or others pertaining to the health and safety of artisans or employees, and if the owner, manager, and proprietor of any factory or workshop, or his agent, or any person whomsoever, shall remove, destroy, or mutilate the law so posted, he shall, upon conviction, be fined in any sum not to exceed fifty dollars for each offense.

2069. The said commissioner shall have power to prescribe blank forms and transmit them to employers, which shall be filled out clearly and completely under oath, by the person or persons to whom they are sent, with the facts, statistics, and statements asked for, and returned to him within such reasonable time as he may fix. In case any owner or occupant, or his agent, shall refuse to admit any officer of said bureau to his workshop or factory, when open or in operation, he shall forfeit the sum of ten dollars for each and every offense, and if he shall, through his agent or otherwise, neglect, fail, or refuse to fill out the said blank forms, and verify and return them as required, he shall forfeit the sum of ten dollars for each and every day said blauk may be so delayed beyond the time fixed by the commissioners for their return. The forfeits named and provided in this act shall be sued for in the name of the state, by the county attorney of the respective county where such offense is committed, upon the complaint of any officer of said bureau, or any citizen, and shall be paid into the school fund.

2070. There shall be provided a seal of office for the use of said bureau, and the commissioner or his deputy, for the purpose of making any investigation contemplated by this act, shall have power to administer oaths, take testimony, and subpoena witnesses, which witnesses shall receive the same fees as are allowed to any person testifying in district courts of this state, to be paid out of the contingent fund of this bureau; Provided, however, That no person subpoenaed by the said commissioner or his deputy shall be compelled to go outside of the city or town in which he resides to testify in behalf of such investigation:

2071. The commissioner shall report biennially to the governor, accompanying his report with such suggestions and recommendations as may be deemed wise and proper. The said report shall be printed and distributed according to the provisions of the law governing the printing of other state reports.

2072. The commissioner shall be allowed a sum not to exceed five hundred dollars per annum for traveling and contingent expenses, and a further sum of one hundred dollars per annum for the purchase of books and periodicals on labor and industrial matters for the bureau library. There is hereby appropriated annually, out of any moneys in the state treasury not otherwise appropriated, a sum sufficient to carry out the provisions of this act.

Sec. 2073 formed ch. 52, R. S. 1866, p. 379, entitled "Ten Hour System."

2073. Ten hours shall constitute one day's labor, so far as it concerns labor

ers and mechanics, throughout the state.

Secs. 2074 to 2077. "An act to regulate the hours of labor of mechanics, servants, and laborers." 1891, p. 361. In force August 1. (See preface.)

2074. That eight hours shall constitute a legal day's work for all classes of mechanics, servants, and laborers throughout the state of Nebraska, excepting those engaged in farm or domestic labor.

2075. Any officer or officers, agent or agents of the state of Nebraska or any municipality therein, who shall openly violate or otherwise evade the provisions of

this act, shall be deemed guilty of malfeasance in office, and be suspended or removed accordingly by the governor or head of the department to which such officer is attached.

2076. Any employer or corporation working their employees over the time specified in this act shall pay as extra compensation double the amount per hour as paid for previous hour.

2077. Any party or parties contracting with the state of Nebraska, or any such corporation or private employer who shall fail to comply with or secretly evade the provisions hereof, by exacting or requiring more hours of labor for the compensation agreed to be paid per day than is herein fixed and provided for, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). And all acts or parts of acts inconsistent with this act are hereby repealed. Secs. 2078 and 2079. "An act to protect the health of female employees." 1883, p. 229. In force February 27.

2078. It shall be the duty of every agent, proprietor, superintendent, or employer of female help in stores, offices, or schools within the state of Nebraska to provide a chair, stool, or seat for each and every such employee, upon which these female workers shall be allowed to rest when their duties will permit, or when such position does not interfere with the faithful discharge of their incumbent duties.

2079. Any neglect or refusal to provide a chair, stool, or seat for every female worker in the employ of any agent, proprietor, superintendent, or employer in the state of Nebraska shall be deemed a misdemeanor, and upon convicion thereof shall be fined in a sum not less than ten dollars nor more than two hundred dollars, and stand committed until such fine be paid, and shall likewise be liable to an action for damages to the said female worker whose health has been injured by this neglect of her employer to provide said chair, stool, or seat, as required by this act.

Secs. 2080 to 2082. "An act to prevent the employment of children in workshops, factories, mines, etc., and providing a penalty for its violation." 1887, p. 669. In force July 1. 2080. That no male or female child under the age of twelve years shall be employed in any railroad shops, factories, shops, or mines to exceed four months in any one year.

2081. That if any person or persons, or body corporate, shall hereafter employ, or if any parent or guardian shall consent to the employment of any male or female child under the age of twelve, as aforesaid, contrary to the provisions of the preceding section, and proof be made thereof before any police judge or justice of the peace of the city, town, or district where such offense is committed, he, she, or they so employing such child, or consenting thereto, as aforesaid, shall, upon conviction, for every such offense pay a fine of not less than ten nor more than fifty ($50) dollars, said fine to be applied to the use of the public schools of the proper city, town, or district; Provided, That no conviction shall be had under this act unless proceedings thereunder shall be commenced within one month after the offense shall have been committed.

2082. That all city, town, and district police and constables are hereby authorized and required, and it is hereby made their duty, to attend to the strict observance of the two preceding sections of this act when complaint shall have been properly made to them of a violation of the same.

Secs. 2083 to 2087. "An act to protect the associations and unions of workingmen in the use of labels, trade-marks, and other forms of advertising goods manufactured by members of such associations and unions, and to provide a penalty for the violation thereof." 1891, p. 214. In force August 1. (See preface.)

2083. That it shall be lawful for associations and unions of workingmen

to adopt for their protection, labels, trade-marks, and other forms of advertisement, announcing that goods manufactured by members of such associations or unions are as manufactured.

2084. That any and all persons using such union or association trade-marks, labels, or advertisements, whether exactly like such labels, trade-marks, or advertisements or not, if with the intention to, or likely to deceive the public, and that every person who shall use any counterfeited labels, trade-marks, or form of advertisement of such unions or associations, knowing the same to be counterfeited, after having been notified in writing by the owner thereof, or his or its agents that the same is counterfeited, shall be guilty of a misdemeanor, punishable by imprisonment for not less than three (3) months nor more than one (1) year, or by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or both; Provided, That such notice in writing contains a copy, counterpart, or fac simile of such genuine label, trade-mark, or forms of advertisement.

2085. And be it enacted, that every such association or union adopting a label, trade-mark, or form of advertisement as aforesaid, shall file the same in the office of the secretary of state, who shall, under his hand and seal, deliver to the association or union filing the same a certificate of record, for which he shall receive a fee of twenty-five (25) cents.

2086. And be it enacted, that every such association or union adopting a label, trade-mark, or form of advertisement as aforesaid, may proceed, by suit in the courts of this state, to enjoin the manufacture, use, display, or sale of any such counterfeits, and that all courts having jurisdiction thereof shall grant an injunc tion to restrain and prevent such manufacture, use, display, or sale, and shall award the complainants such damages resulting from such wrongful use as may be proved, and shall require the defendants to pay to the party injured the profits derived from such wrongful use, or both profits and damages; and the court shall also order all such counterfeits, in the possession or under the control of the defendant in such case, to be delivered to an officer of the court or to the complainant, to be destroyed.

2087. And be it enacted, that in like manner such unions or associations shall be authorized to preceed against all persons who shall wrongfully use or display the genuine labels, trade-marks, or forms of advertisements of the respective associations or unions, not being authorized by such associations or unions to use or display the same.

CHAPTER 26.—LAW.

Sec. 2088 formed ch. 7, R. S. 1866, p. 31, entitled "Common Law."

2088. So much of the common law of England as is applicable and not inconsistent with the constitution of the United States, with the organic law of this territory, or with any law passed or to be passed by the legislature of this territory, is adopted, and declared to be law within said territory.

Cited and held not applicable in case of stock running at large. party must not drive his stock upon uncultivated land of another. 12,4.

10, 493 (6 N. W., 600). But 11, 533 (10 N. W., 451). See

Secs. 2089 to 2094. "An act to provide the manner of proposing amendments to the constitution, and submitting the same to the electors of the state." 1877, p. 114. In force February 13.

2089. That amendments to the constitution may be proposed by joint resolution in either house of the legislature of this state, and if the same shall be voted for by three-fifths of all the members elected to each of the two houses in the manner provided by section one (1) of article fifteen of the constitution, the amendment or amendments proposed shall be submitted to the electors of this state for adoption or rejection in the manner hereinafter provided.

2090. Such amendment, or amendments, shall be published in full by the secretary of state in one newspaper in every county in this state in which a newspaper is published, to be designated by the governor, for at least three months before the next election of members of the legislature ensuing the passage of said proposed amendment, with notice prefixed thereto that at said election said proposed amendment or amendments will be submitted to the electors of this state for adoption or rejection.

2091. At such election on the ballot of each elector voting for the proposed amendment or amendments to the constitution shall be written or printed the words: "For proposed amendment to the constitution," and "Against said proposed amendment to the constitution."

2092. Public notice that the proposed amendment or amendments is, or are, to be voted upon shall be given in each county in the same manner as is or may be required by law regulating general elections, and the returns shall be made and the votes canvassed in the same manner and by the same officers as is or may be required by the law in the case of electing the executive officers of the state.

See 25, 864.

2093. If a majority of the votes cast at the election herein provided for be for the proposed amendments, the governor, within ten days after the result is as- certanied, shall make proclamation, declaring the amendments to be part of the constitution of the state.

2094. Whenever any amendments to the constitution shall have been proposed to and adopted by the electors of this state, as by this act provided, the same shall be enrolled and numbered in the order of time in which they may be adopted, and preserved by the secretary of state among the public records of his office.

Secs. 2095 to 2097. "An act concerning the enacting and repealing of statutes." 1873. In force February 21. G. S., 1056.

2095. That every act passed by the legislature which contains no provisions

as to the time when it takes effect, shall take effect and become a law from and after the first of next June.

2096. Whenever a statute shall be repealed, such repeal shall in no manner affect pending actions founded thereon, nor causes of action not in suit that accrued prior to any such repeal, except as may be provided in such repealing statute.

2097. Whenever a law shall be repealed, which repealed a former law, the former law shall not thereby be revived unless specially provided for.

Failure to insert a law in compilation does not invalidate act. 27, 764–5 (43 N. W., 1140). Secs. 2098 and 2099. R. S. 1866, p. 683.

2098. This act shall be known as "The Revised Statutes of Nebraska,” and is hereby declared to be the law of the territory of Nebraska, and shall take effect and be in force from and after the first day of July, in the year of our Lord one thousand eight hundred and sixty-six.

2099. "An act to establish a code of civil procedure," approved November 1, 1858, and an act supplemental thereto, approved November 4, 1858, "An act to adopt and establish a criminal code for the territory of Nebraska," approved 1858, all laws and acts amendatory of and supplemental to said codes and all acts and laws of a general nature relative to the civil and criminal laws and proceedings of this territory, passed prior to the eleventh session of the legislative assembly begun and held at Omaha on the first Thursday after the first Monday in January, 1866, and all acts and parts of acts conflicting with the provisions of this revision are hereby repealed; Provided, The re-enactment, amendment, or repeal of any law, act, title, section, chapter, or provision of the civil or criminal code, or of any general law of this territory, shall in nowise affect any contract, right, claim, interest, title, action, or liability which may have accrued, or any order, judgment, decree, sale, recognizance, instrument, or proceeding made, entered, or had under any provision of the laws hereby re-enacted, amended, or repealed, nor shall such re-enactment, amendment, or repeal in anywise affect any criminal prosecution heretofore commenced, or any fine, penalty, forfeiture, or punishment for crimes or misdemeanors committed hefore the taking effect of this revision, but such prosecution shall be carried on and continued in the manner now provided by law, and all fines, penalties and forfeitures heretofore incurred, and crimes and misdemeanors committed, shall be prosecuted the same as if no re-enactment, amendment, or repeal had been made.

Secs. 2100 and 2101. 1867 (Ter.), p. 7. In force February 13.

2100. Whereas, Certain discrepancies exist between the original rolls on file in the office of the secretary of the territory, and the published laws of the eleventh session of the legislative assembly of this territory: Be it further enacted, That whenever such discrepancies exist, the volume of laws published under the title of "The Revised Statutes of the Territory of Nebraska," in force July 1, 1866, shall be taken and received as the laws of this territory, until afterwards amended or repealed.

2101. That the volume of laws published under the title of "The Revised Statutes of the Territory of Nebraska," and the appendix thereto, shall be hereafter received in all courts of this territory, anything in the original rolls on file in the secretary's office to the contrary notwithstanding.

Secs. 2102 to 2105. "An act for the publication of a compilation of the statutes. 1881, p. 388. In force February 26.

2102. The public acts now in force, including the Revised Statutes of 1866, and the public acts and laws passed since that revision, and which may be passed by the legislature at its present session, shall be compiled, arranged, and put into