uties or assistants, the time for which they may be employed, and the compensation they are to receive. [1877, § 1, 215. 1885, chap. 51. Amended 1887, chap. 44.]

SEC. 43. [Report to county board.]-Each of the officers named in section one of this act shall on the first Tuesday of January, April, July, and October of each year make a report to the board of county commissioners under oath showing the different items of fees received, from whom, at what time, and for what service, and the total amount of fees received by such officer since the last report, and also the amount received for the current year. [1877, § 2, 215.]

SEC. 44. [Fee book.]—Each of the officers named in section one of this act shall keep a book, which shall be provided by the county, and which shall be known as the fee book, and shall be a part of the records of such office, and in which shall be entered each and every item of fees collected, showing in separate columns the name of the party from whom received, the time of receiving the same, the amount received, and for what service the same was charged. [Id. § 3.]

SEC. 45. [Penalty.]--Any of the officers named in section one of this act who shall omit to comply with the provisions of this act, or shall fail or neglect to keep a correct account of the fees by him received, or shall fail and neglect to make a report to the board of county commissioners as herein provided, or shall willfully or intentionally omit to charge the fees provided by law, with intent to evade the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall for each offense be fined in any sum not less than twenty-five dollars, nor more than one hundred dollars; and any officer named in this act who shall make a false report under oath shall be guilty of perjury, and punished accordingly. [Id. § 4.]

SEC. 46: [Fees belong to general fund.]—All fees paid into the treasury of any county under the provision of this act si ll be applied to the general fund of such county and shall be distributed as provided by law. [Id. § 5.]

SEC. 46 a. [Clerks in office of county judge.]—That in all counties in the state of Nebraska having over twenty-five thousand (25,000) inhabitants the judge of the county court shall be supplied with the help necessary for the use of said office, said clerks or help to be paid in manner hereafter provided. [1887, chap. 45.]

SEC. 46 b. [Pay.]-The salaries of said clerks or assistants shall be fixed, allowed, and paid monthly, by the county commissioners or supervisors, out of the general fund of said county. [Id. § 2.]

SEC. 46 c. [Acts repealed.]-That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. [Id. § 3.]

SEC. 46 d. [Assistance to county clerks.]-That in all counties in the state of Nebraska having twenty-five thousand (25,000) inhabitants or over, the county clerk shall be supplied by the board of county commissioners or supervisors with the help necessary for the use of such office, said clerks or help to be paid in the manner hereinafter provided. [1893, Chap. 18, § 1]

SEC. 46 e. [Same, salaries.]-The salaries of such clerks or assistants shall be fixed, allowed and paid monthly, by the county commissioners or supervisors out of the general funds of the county. [Id., § 2.]

SEC. 47. [Numerical index.]-County clerks for compiling the transfers from the records of their office shall receive for each transfer the sum of fifteen cents, or such other sum-not exceeding fifteen cents--as the county commissioners and the county clerk may agree upon, to be paid by the county. [1881, § 1, chap. 41.]

SEC. 48. [Entries on numerical index.]-For entering each instrument presented for record in the numerical index after the completion of said index the clerk shall receive the sum of fifteen cents, to be paid in advance by the person offering the instrument for record. [Id. § 2.]

SEC. 43. Report compelled by mandamus after expiration of officer's term. 29 Neb, 477.

SEC. 46 a-c. An act entitled, "An act to provide clerks or assistants for the county judge in counties having over twenty-five thousand inhabitants, and provide for payment of the same." Laws 1887, chap. 45. Took etfect March 31, 1887.

SEC. 46d-e. "An act to provide clerks and assistants for the county clerks in counties having over twenty five thousand inhabitants, and providing for payment of same." 1893, chap. 18. Took effect Aug. 1, 1893. SECS. 47, 48. "An act to provide for the compensation of county clerks for compiling numerical index from the records in their offices in counties in which there had been no numerical index kept prior to Sept. 1. 1879." Passed and took effect March 2, 1881.

CHAPTER 29.-FERRIES.

SECTION. 1. [License.]-No person shall be permitted to keep a ferry across any stream running through or bounding on any county in this state without having first obtained a license from the board of county commissioners of the proper county for that purpose, as hereinafter provided. [R. S. 173. G. S. 386.]

SEC. 2. [Notice of application.]-The person applying for such license shall produce satisfactory evidence to the board of county commissioners, by affidavit of the applicant or otherwise, of his having given notice by advertisement, set up in at least three public places in the precinct or neighborhood where the ferry is proposed to be kept, twenty days prior to the sitting of the board of commissioners, of his intention to apply to such board, at their next regular term, for license to keep such ferry.

SEC. 3. [County board may grant license.]-The board of county commissioners being satisfied that the notice hereby required has been given, that a ferry is needed at said place, and that the applicant is a suitable person to keep the same, are hereby authorized to grant to the applicant a license to keep the same for a term not less than one year nor more than ten years, on the applicant paying into the county treasury of the proper county a sum to be fixed by the board of county commissioners, not less than two dollars nor more than five hundred dollars annually; and on the applicant producing the county treasurer's receipt for the sum so fixed he or she shall receive from the clerk of the said board of county commissioners a license under the seal of said clerk, for which he or she shall pay the clerk the sum of fifty cents.

SEC. 4. [Exclusive rights.]-The person owning or possessing land on both sides of any stream where a ferry is proposed to be established shall have exclusive right to a license for a ferry at such place, and when the opposite banks are owned by different persons the right to a ferry shall be mutual; but if the owner does not apply to the board of commissioners, the board shall grant a license to any person applying for the same, except where either of the landings are not on a public highway, in which case the consent of the owner of the ground shall first be had in writing; Provided, That nothing herein contained shall be so construed as to prevent any person from ferrying persons across a small stream in high water; and the board of county commissioners are hereby authorized to direct the county clerk to give any person a permit for that purpose, when in their opinion the stream is too small to justify the expense of a license; Provided, also, When any person shall apply for a renewal of his license, at the same place where he kept a ferry the preceding year, the same may be granted or renewed without notice or petition.

SEC. 5. [Renewal of license.]-When a license shall expire in vacation, and the person who obtained the same shall procure a renewal, the latter license shall include the time from the expiration of the former, as well as the time to which it shall extend in future, and the applicant shall pay a rateable proportion for the whole time therein mentioned, and shall thereupon be exonerated from any penalty to which he would be otherwise liable; Provided, however, That in all applications for license the board of commissioners may grant or refuse the same at their discretion.

SEC. 6. [Boats-Penalties.]-Every person obtaining a license to keep a ferry shall provide and keep in good repair a good and sufficient boat for the safe conveyance of persons and property, and when the river or creek over which the ferry is kept is passable, shall, with a sufficient number of hands to work and manage the boat, give due attendance from daylight in the morning until dark in the evening; and shall, moreover, at any hour in the night or day that the creek or river can be passed, when called upon for that purpose, convey the United States mail or other public express

CHAP. 29. Chap. 20, R. S. 173. G. S. 386.

across said ferry; and if any person having obtained a license as aforesaid shall fail or neglect to perform the duties herein enjoined, or any of them, the person so offending shall forfeit and pay for every such offense a sum not exceeding five dollars, to be recovered before any justice of the peace of the proper county, at the suit of any person prosecuting for and making due proof of such failure or neglect; and if any keeper of a ferry as aforesaid shall demand or receive a higher rate or sum for ferriages than shall be allowed by the board of county commissioners of the county wherein such ferry is kept, the person so offending shall forfeit and pay for every such offense a fine not exceeding ten dollars, recoverable before any justice of the peace of the proper county by any person making due proof thereof, to be disposed of as hereinafter provided.

SEC. 7. [Release from penalties.]-Should the county commissioners refuse to renew the license of a ferryman, he shall be exonerated from the penalties of this chapter by paying into the county treasury, previous to any prosecution having been commenced against him, such sum for the time which may have elapsed between the expiration of his license and the next session of the board of county commissioners as shall bear a rateable proportion to the amount charged for the previous year.

SEC. 8. [Rates of ferriage.]-The board of county commissioners, at the same time they grant a license to keep a ferry, shall also fix the rate of ferriages which the ferry keeper may demand and receive for the transportation of persons and property; and it shall be the duty of the clerk of the board of said county commissioners to furnish every person taking out a license to keep a ferry, with a list of the rate of ferriages, which list the ferry keeper shall post at the door of his ferry-house or in some conspicuous place convenient to said ferry.

SEC. 9. [List to be handed grand jury.]—Every county clerk shall, on the first day of the term of the district court, deliver to the grand jury an accurate list of all persons holding license within his county; and it shall be the duty of the judge to give this chapter in charge to the grand jury, whose duty it shall be to make inquiry and give information of any violation thereof, except in cases where jurisdiction is given to justices of the peace.

SEC. 10. [Unauthorized ferries.]-If any person shall keep a ferry without being duly authorized, the person so offending shall forfeit and pay a sum not exceeding fifty dollars, to be recovered by indictment.

SEC. 11. [Neglect of officers.]-If any justice of the peace or other officer shall neglect or fail to comply with the requisitions of this chapter, the person so offending shall forfeit and pay for every such offense a sum not exceeding fifty dollars, at the discretion of any court of competent jurisdiction before whom the same may be recovered, for the use of the county.

SEC. 12. [Suits how brought.]-All actions or suits brought under the provisions of this chapter shall be in the name of the state of Nebraska, and the court taking cognizance thereof shall keep a record of all fines and forfeitures recovered under the same; and sheriffs, constables, and other officers shall pay all moneys, within thirty days after receiving the same, into the county treasury. Justices of the peace and clerks of courts before whom any fine is recovered shall present an accurate account thereof to the county clerk, on or before the first Monday of July annually; and it shall be the duty of the county clerk to inform against and prosecute all offenders against this statute, especially such offenses as are cognizable before justices of the

peace.

SEC. 13. [Vested rights.]-Nothing herein contained shall be so construed as to conflict or interfere with any vested right heretofore acquired or secured under any law of this state.

SEC. 14. [Foot passengers.]—It shall be unlawful for any person or persons, ferry or transfer company, engaged in ferrying or transferring persons across any river

SECS. 14-15. "An act to limit the amount of ferriage to be charged for ferrying footmen." Laws 1871, 123. Took effect April 1, 1871.

in this state, or any river forming the boundary line thereof, to charge, demand of, or receive from any footman, or foot passengers, more than ten cents for any such ferriage or transfer across any of said rivers. [1871, § 1, 123.]

SEC. 15. [Penalty.]-If any person or persons, or company engaged in the business aforesaid, shall demand, charge, or receive a greater sum than ten cents for such transfer, such person or persons or company shall incur a penalty of ten dollars for such offense, which penalty may be collected by civil action before a justice of the peace whenever service of process can be made; one-half of the said penalty shall be for the use of the plaintiff in any such action, and the other half shall be paid to the county treasurer, and constitute a part of the school fund of such county. [Id. § 2.]

CHAPTER 30.-FIRE COMPANIES.

SECTION 1. [Exemption from jury duty.]-All members in good standing in any fire company or hook and ladder company in this state, and all persons who have been members of such company in good standing for five consecutive years in the state of Nebraska, shall be exempt from serving upon grand and petit juries, of justice of the peace courts of this state, and from militia duty in time of peace, and from the assessment of any poll tax. [1867, 12 Sess. Ter., 16. Amended 1873, G. S. 390.]

SEC. 2. [Number of members.]-No fire company shall have upon its rolls at one time more than seventy-five persons, and no hook and ladder company shall have upon its rolls at any one time more than fifty members; and the foreman and secretary of every such company shall, on the first days of April and October in each year, file in the office of the clerk of the district court in and for the respective counties a certified copy of the rolls of their respective companies, so as to obtain for the members thereof the privilege of the exemption herein named; Provided, That no organization shall be deemed to be a bona fide fire or hook and ladder company until it shall have procured for active service apparatus for the extinguishment or prevention of fires, in case of a fire company to the value of $1,500, and of a hook and ladder company to the value of $500.

SEC. 3. [Dues.]—Members in good standing are hereby defined to be those who keep their dues promptly paid up, and are present and render active service when called out for the legitimate purposes of their organization.

SEC. 4. [Exemption from execution.]-That all fire engines, hose, hose carriages, ladders, buckets, and all vehicles, machinery, and appliances of every kind used or kept by incorporate cities, villages, or fire companies for the purpose of extinguishing fire be and the same is hereby exempt from execution and sale to satisfy any debt, judgment, or decree arising upon contract or otherwise; Provided, That the provisions of this act shall not affect any voluntary lien created by bill of sale, mortgage, or otherwise, on such property, by the proper owner; Provided further, That the provisions of this act shall not apply to, or in any way affect the remedy upon any contract now existing, or judgment rendered upon any contract in any court of this state. [1869, § 1, 17.]

CHAP. 30-SECS. 1-3.

Took effect Feb. 18, 1867.

"An act to exempt firemen from jury, militia, and road duty." 12 Sess. Ter., 1867, 16. SEC. 4. "An act to exempt from sale on execution property used and kept to extinguish fires." Laws 1869, 17. Took effect Jan. 22, 1869.