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2248. The place of encampment shall be designated by the proper commanding officer, subject to approval by the commander-in-chief. Orders for encampment shall be given at least twenty days prior thereto, and for parade at least five days prior thereto, by depositing the same in the mail, properly addressed to the person, to be notified, by leaving the same at his usual place of abode, or by reading the same to his respective commands. Each battery of artillery shall parade one day in September for drill in its own town, and the commander-in-chief may at his discretion order any battery of artillery to attend the regimental or brigade encampment. No member of the Nebraska National Guard shall be exempt or relieved from military duty by membership or service in any fire company.

2249. Every company when encamped shall have roll call on the first day at noon, and at tattoo; on the remaining days at reveille, at noon, and at tattoo; absence without leave from either of said roll calls shall be deemed an absence for the entire day, and so reported on the pay roll, and such report shall be forwarded to the adjutant general.

2250. The commanding officer of any encampment or parade may cause those under his command to perform any field or camp duties he may require, and may put under arrest during such encampment or parade any member of his command who may disobey a superior officer, or be guilty of disorderly or unmilitary conduct, or any other person who may trespass upon the parade or encampment grounds or molest the orderly discharge of duty by the members of his command; and he shall prohibit the sale of all spirituous and malt liquors within one mile of such parade or encampment.

2251. The brigadier general shall direct such target practice at the annual parade or encampment, as he may deem expedient, and shall attend such encampment and report the conduct and discipline thereof to the commander-in-chief, who, if he shall judge that the encampment has been prejudicial to good morals or military discipline in any regiment, shall not permit another encampment of such regiment until its commanding officer has resigned or been removed.

2252. The commanding officer of each encampment shall make a requisition on the quartermaster general at least ten days prior thereto, for the necessary transportation, tents, blankets, camp equipage and supplies therefor, and if approved by the commander-in-chief the quartermaster general shall furnish the same.

2253. Each organized company, troop, or battery of the Nebraska National Guard shall drill one day in each of the months of April, May, June, July, and August, the time and place to be designated by the company commander, and a report thereof made to the proper authority within ten days thereafter. The commander of each regiment shall make like returns, together with a roster of his officers, to the brigadier general within twenty days after each encampment or parade, who shall make a like return for the brigade, with a roster of its officers, to the adjutant general within thirty days after such parade or encampment. The adjutant general may order from each company or regiment such additional returns and muster rolls as he may deem expedient.

2254. Regimental, company, battery, or troop commanders may order as many evening drills of their command as they may think necessary for proper instruction and drill.

2255. The governor may order courts martial for the trial of officers and enlisted men of the National Guard, on proper charges and specifications, the proceedings of which shall be as provided by the state military board, conforming to the regulations, articles of war, and practice for the government of the army of the United States, as near as may be; and the governor, in ordering a court martial, shall detail a judge advocate for the same.

2256. Regimental and batallion courts martial may be convened by order of commandants of regiment or battalions, approved by the governor, under such regulations as the military board may prescribe. The proceedings, findings, and sentences of all courts martial shall, unless otherwise ordered by the governor, be reviewed by the judge advocate general, and approved or disapproved by him.

2257. The president of a court martial may issue subpoenas, enforce the attendance of witnesses, and punish a refusal to be sworn or to answer, as provided in civil actions.

2258. Commandants of companies, troops, or batteries may appoint courts of discipline, under rules and regulations prescribed by the state military board, for the trial of members of their respective companies, troops, or batteries, for violation of the militia law, the general code of regulations, or the authorized by-laws of their companies, troops, or batteries.

2259. When fines assessed by courts martial or courts of discipline are not paid within ten days after the sentence is approved by the reviewing officer and returned to the commandant, a list thereof and of the delinquents shall be placed in the hands of a justice of the peace within the counties in which the delinquents respectively reside, who shall thereupon issue process and render judgment upon proof against such delinquents, separately, together with the costs of the suit, and shall issue execution thereon, without stay, directed to any constable of the proper township, who shall collect the same without exemption.

2260. Dues levied by the by-laws of any organization may be collected by civil suit, without right of stay or exemption; and all suits for the collection of fines or dues shall be brought in the name of the state of Nebraska, for the use of the company, troop, or battery; but in no case shall the state pay any costs of such suit.

2261. It shall not be lawful for any body of men whatever, other than the regular organized volunteer militia of this state, and the troops of the United States, to associate themselves together as a military company or organization, or to drill or parade with arms in any city or town in this state without the license of the governor thereof, which license may at any time be revoked; And provided further, That students in educational institutions where military science is part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructors, may take part in any regiment or brigade encampment, under the command of their military instructor, and while so encamped shall be governed by the provisions of this act. They shall be entitled only to transportation and subsistence, and shall report and be subject to the commandant of such encampment; Provided, That nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords.

2262. Whoever offends against the provisions of the preceding section, or belongs to, or parades with, any such unauthorized body of men with arms, shall be punished by a fine not exceeding the sum of ten ($10) dollars or by imprisonment in the common jail for a term not exceeding six months, or both.

2263. Any commissioned officer of the several commands shall have the ordinary powers of a sheriff to arrest any officer or enlisted man for the commission of any crime punishable under the laws of the state, while on any duty authorized by this act, and may proceed against any such offender by information or complaint before any court of law having cognizance of such offense, and may call to his aid as many of his men as may be necessary to make such arrest.

2264. For the purpose of carrying out the provisions of this act, there is

hereby appropriated, out of the general fund not otherwise appropriated, the sum of thirty thousand dollars ($30,000) the first year, and twenty thousand dollars ($20,000) each succeeding year (or so much thereof as may be necessary) until otherwise provided by law. The appropriations made by this section shall be available for the two years ending March 31, 1889, and shall be in addition to the appropriations made under the provisions of an act entitled "An act making appropriations for the current expenses of the state government for the years ending March 31, 1888, and March 31, 1889, and to pay miscellaneous items of indebtedness owing by the state of Nebraska."

2265. The governor shall be commander-in-chief of the militia, and may employ it, or any part of it in the defense of or relief of the state, or any part of its inhabitants or territories, and shall have all the powers necessary to carry into effect the provisions of this act,

Sec. 2266. Joint resolution relative to drawing of Nebraska quota of arms and equipments from the government of the United States." 1885, p. 437.

2266. WHEREAS, by act of congress, the state of Nebraska is entitled to receive from the government arms and equipments for the use of the state militia, and that there is now the sum of six thousand six hundred dollars to the credit of this state on account of said act: Therefore, Be it resolved by the House of Representatives, the Senate concurring: That it is the sense of this legislature, that in the drawing of Nebraska's quota of said arms and equipments, that as a portion thereof two hundred hospital tents for the use of the militia of this state be drawn by the governor, and that the governor may allow the use of such tents at encampments of such militia and at reunions of old soldiers in this state.

CHAPTER 32.-MILLS AND MILL-DAMS.

Secs. 2267 to 2299. "An act relating to mills and mill-dams." 1873. In force February 26. G. S., p. 472. (Repealing ch. 36, R. S. 1866, p. 262.)

2267. If any person, desiring to erect a dam across any water-course for the purpose of building a water grist, saw, carding, or fulling mill, or of erecting any machinery to be propelled by water, be the owner of the lands on which he desires to build such mill or erect such machinery, on one side of such water-course, and not of the lands on the opposite side against or upon which he would abut his dam; or, if any person be the owner of the lands, on which he desires to erect any such mill or machinery on both sides of such water-course; or, if any person shall have erected such mill and mill-dam on his own lands, he may file a petition for leave to build or continue such mill-dam and for a writ of ad quod damnum in the district court of the county where such lands lie, against the owners or proprietors of the lands above and below such dam, which are, or probably will be, overflowed or injured thereby, or against or upon which he may desire to abut his dam.

Object of this law is to utilize the water power of the state and not to create monopolies. 13, 550 (14 N. W., 524). Where ad quod damnum proceedings are compromised by owners leasing part of land, lessee acquires a vested right in stream and water, free from lessor's interference. 27, 323-5 (43 N. W., 237). Where A in good faith commenced the erection of a mill, of which B had notice, and to which he made no objection, B cannot, after A has expended a considerable sum on his mill, enjoin A from erecting a dam, the effect of which would be to flow the water back on an unoccupied mill site owned by B. 10, 460 (6 N. W., 755).

2268. The plaintiff shall set forth in his petition, as near as may be, the place where such dam is built, or proposed to be built, the height or proposed height of such dam, the kind of mill built or proposed to be built, his title to the lands whereon he has erected or proposes to erect such mill or machinery, whether legal or equitable, and shall describe with certainty the lands above and below such dam, the property of others which are, or will probably be, overflowed or injured as aforesaid, and shall give the name of the owner of each tract, or, if the name of any such owner be unknown, the plaintiff shall so state in his petition.

Water grist mill is a work of internal improvement and bonds voted for it are valid. 14, 330 (15 N. W..690). See 26, 722 (42 N. W., 877).

2269. The court may thereupon order the clerk to issue the writ, directed to the sheriff, commanding him to make out a list of twenty-four disinterested freeholders of the county and return the same to the clerk of said court forthwith; and to notify each of the defendants, if found within the county, that the plaintiff, naming him, has filed his petition against the defendants, naming them in said court, for leave to build or continue his mill-dam at the place stated in the petition, to be set forth in said writ or notice, and that a writ of ad quod damnum has been granted by such court, and of the day and term when the same was granted, and that they are required to appear at the office of said clerk, on a day and hour to be fixed by the sheriff, and named in said notice, and then and there, in the presence of the said clerk, to strike, alternately with the plaintiff, a jury of inquest; and further commanding said sheriff to summon and impanel the jury so struck to meet on the lands where such dam is built or proposed to be built, on a day and hour to be named by the court, and inserted in the order granting the writ, then and there to inquire and report of the matters to be given them in charge.

2270. The notice to be served upon the defendants as aforesaid shall be in writing, and shall be served at least ten days before the time fixed for striking the

jury, by delivering a copy to each defendant personally or by leaving such copy at his usual place of residence.

2271. If any defendant's name be unknown, or if he be not a resident of the county, the plaintiff may, at the time he brings his petition, or at any time thereafter, file with the clerk, an affidavit to that effect, and thereupon may obtain service upon such non-resident or unknown defendant by publication. The publication must be made four consecutive weeks in some newspaper printed in the county where the petition is brought, or if no newspaper be printed in such county, then in some newspaper printed in the state and of general circulation in the county. It must notify the defendant of the time when the petition was filed, of the object and purpose thereof, of the place where the dam has been or is proposed to be built, as near as may be, of the term when said petition will stand for hearing, and must contain an accurate description of the lands owned by such defendant that are likely to be overflowed or injuriously affected, or against or upon which it is proposed to abut such dam, as the case may be. Such publication must be completed at least one term before the final adjudication in the matter.

2272. Should any of the lands, likely to be overflowed or injured, or upon or against which it is proposed to abut such dam as aforesaid, be public lands of the state, the court may direct the prosecuting attorney to see that the interests of the state are protected, or may appoint some suitable person to act in his stead, who shall be sworn faithfully and impartially to discharge his duties as attorney for the state in the matter, and who shall be paid a fee, not to exceed twenty-five dollars, to be taxed as costs to the plaintiff.

2273. On the day fixed for striking the jury as aforesaid, the plaintiff and defendants, or their agent or attorney, shall alternately, in the presence of the clerk, strike out one name from said list of twenty-four, until but twelve remain, and such twelve shall be the jury, and the clerk shall certify their names to the sheriff. Should the defendants fail to appear, or should they refuse or fail to strike, or if they are unable to agree on any name or names to be struck from said list, in their turn the clerk shall strike in their stead.

2274. The jury so struck shall be summoned and impaneled by the sheriff, and, being sworn faithfully and impartially to inquire and report of the matters to be given them in charge, shall be charged by the sheriff, as the circumstances of the case may require, substantially as follows: First-To view the land proposed for an abutment and to locate and circumscribe by metes and bounds one acre thereof, having due regard therein to the interests of both parties, and to appraise the same according to its true value. Second-To examine the lands above and below the property of others, which are or may probably be overflowed or injured, and say what damage it has been and will be to the several defendants, naming them, and whether the mansion house of any such defendant or defendants, or the offices, curtilages, or gardens thereunto immediately belonging, will be overflowed or injured. Third-To inquire whether, and in what degree, fish of passage, or ordinary navigation will be obstructed, and whether, in their opinion, the health of the neighborhood will be annoyed by the stagnation of the water. Fourth-Whether, and by what means, any such obstruction, annoyance, or injury can be prevented. FifthWhether such mill is, or will be, of public utility.

2275. The inquest so made, being signed by the jurors, shall, together with the writ, be forthwith returned by the sheriff to the office of the clerk of such court. Should such return be made in vacation, the defendants, or any of them, shall have until the first day of the next term to show cause why the plaintiff should not have leave to build or continue his said mill-dam. Said time may be extended

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