and amount of the claim or demand, and shall be delivered to the president or vice president, superintendent, agent or the managing director or chief engineer, of any such company, or to the engineer in charge of that portion of the work, or any portion of the railroad, canal, viaduct, bridge or ditch upon which such labor is performed. [1881, § 1, chap. 60.]

SEC. 2. [Lien.]—And when material shall have been furnished, or labor performed in the construction, repair and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such labor and material, man, contractor or sub-contractor shall have a lien therefor, and the said lien therefor shall extend and attach to the erections, excavations, embankments, bridges, road bed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which including the right of way, shall constitute the excavation, erection or improvement provided for and mentioned in this act. [Id. § 2.1

SEC. 3. [Statement of claim-Filing-Continuance of lien.]— Every person, whether contractor, or sub-contractor, or laborer or material man who wishes to avail himself of the provisions of the foregoing section, shall file with the clerk of the county in which the building, erection, excavation, or other similar improvement, to be charged with the lien is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of the property to be charged with the lien and verified by affidavit, such verified statement or account must be filed by a principal contractor within ninety days, and by a sub-contractor within sixty days, from the date on which the last of the material shall have been furnished, or the last of the labor is performed; but a failure or omission to file the same within the periods last aforesaid, shall not defeat the lien, except against purchasers or incumbrances in good faith without notice, whose rights accrued after the thirty or ninety days, as the case may be, and before any claims for the lien was filed; Provided, That when a lien is claimed upon a railway, the sub-contractor shall have sixty days from the last day of the month in which said labor was done or material furnished within which to file his claim therefor; and, Provided further, That when any such material is furnished or work done in any unorganized county in this state, such statement of the demand due, verified as aforesaid, may be filed in any county in this state into or through which any such railroad or canal may run, or in the organized counties lying next nearest east of the county where said work was done or material furnished. Provided further, That such lien shall continue for the period of two years, and that any person holding such lien may proceed to obtain a judgment for the amount of his account thereon by civil action; and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied. [Id. § 3.]

LIENS ON PUBLIC BUILDINGS.

SEC. 4. [Duties of officers letting contracts.]-It shall be the duty of the board of public lands and buildings, boards of county commissioners, the contracting board of officers of all cities and villages and all public boards now or hereafter empowered by law to enter into a contract for the erecting and finishing, or the repairing of any public building, bridge or other public structure to which the general provisions of the mechanics' lien laws do not apply and where mechanics and laborers have no lien to secure the payment of their wages, to take from the person or corporation to whom the contract is awarded a bond with at least two good and sufficient sureties conditioned for the payment of all laborers and mechanics for labor that shall be performed in the erecting, furnishing or repairing of the building or in performing the contract

SEC. 3.

Account must be filed with register of deeds. 30 Neb., 62.

SEC. 4. "An act entitled an act to secure the payment of mechanics' and laborers' wages on all public buildings where the provisions of the general mechanics' lien laws do not apply." Took effect July 1, 1889. Laws 1889, chap. 28. See 34 Neb., 253.

said bud shall be to the board awarding the contract; and no contract shall be entered into by such board until the bond herein provided for has been filed with and approved by said board. The said bond shall be safely kept by the board making the contract and may be sued on by any person entitled to the benefit of this act. The action shall be in the name of the party claiming the benefit of this act. [1889, chap. 28.]

CHAPTER 55.-MEDICINE.

SECTION 1. [Board of health.]-There shall be established in the State of Nebraska a board to be styled the State Board of Health. Said board shall consist of the Governor, Attorney General and Superintendent of Public Instruction and the Governor shall be ex-officio chairman of said board. [1891, chap. 35, § 1.]

SEC. 2. [Meetings.]-Said board shall meet upon the call of the Governor and within thirty days after the approval of this act and shall meet thereafter as often and at such times as the Governor may from time to time designate. [Id. § 2.]

SEC. 3. [Secretaries.]—Said board shall within sixty days after the approval of this act appoint four secretaries who shall be graduated physicians of at least seven years consecutive practice and who shall be at the time of their appointment actually engaged in practice in the State of Nebraska; one of whom shall be appointed for the term of one year, one for the term of two years, one for the term of three years and one for the term of four years, and thereafter it shall be the duty of said board to appoint or reappoint one secretary every year as the term of those theretofore appointed shall expire, but each secretary shall continue in office until his successor shall have been so appointed. Said appointments shall be made so, that of said secretaries two shall be physicians of the so-called regular school, one of the socalled electic school, and one of the so-called homeopathic school. [Id. § 3.]

SEC. 4. [Same-Powers-Duties.]-Said secretaries shall have power, and it shall be their duty to assist and advise said board in the performance of its duties as prescribed by this act, to summon witnesses and take testimony in the same manner as witnesses are summoned and depositions taken under the Code of Civil Procedure, and to report said testimony to the board together with their findings of fact and recommendations on all matters coming before said board requiring evidence for their determination except as hereinafter provided. [Id. § 4.]

SEC. 5. [Same-Certificates.]-It shall be the duty of said board to see that all the provisions of this act are strictly enforced, to grant certificates as herein provided, and to cause to be prosecuted all violations of this act. Said board shall have and use a common seal and may make and adopt all necessary rules, regulations and by-laws not inconsistent with the constitution and law of this state or of the United States to enable it to perform its duties and transact its business under the provisions of this act. [Id. § 5.]

SEC. 6. [Quorum.]—A majority of said board shall constitute a quorum for the transaction of business. [Id. § 6.]

SEC. 7. [Who may practice.-It shall be unlawful for any person to practice medicine, surgery or obstetrics or any of the branches thereof, in this state without having first having obtained and registered the certificate provided for by this act; and no person shall be entitled to the certificate herein provided for unless he shall be a graduate of a legally chartered medical school or college in good standing; said qualifications to be determined by the board. Provided, however, that nothing in this act shall be construed to prevent physicians residing in other states from visiting patients in consultation with resident physicians who have complied herewith. [Id. § 7.]

SEC. 8. [Medical school defined.]—The term medical school or college in good standing shall be defined as follows: a medical school or college requiring a preliminary examination for admission to its courses of study, and which requires as requisite for the granting the degree of M. D. attendance on at least three courses of lectures of six months each, no two of said courses to be held within one year, and having a full faculty of professors in all the different branches of medical education, to-wit: anatomy, physiology, chemistry, toxocology, pathology, hygiene, materia medica, therapeutics, obstetrics, gynecology, principal and practice of medicine, and surgery, and clinical instruction in the last two named. Provided, that this three year clause shall not apply to degrees granted prior to July, 1891. [Id. § 8.]

SEC. 9. [Diplomas.]-It shall be the duty of all persons intending to practice medicine, surgery, or obstetrics in the state of Nebraska before beginning the practice thereof, in any branch thereof, to present his diploma to said board together with his affidavit that he is the lawful possessor of the same, that he has attended the full course of study required for the degree of M. D. and that he is the person therein named. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand

CHAP. 55, Secs, 1-19. "An act to establish a State Board of Health to regulate the practice of medicine in the State of Nebraska, and to repeal sections one (1) to eleven (11) inclusive, of chapter fifty-five (55) of Compiled Statutes of Nebraska, entitled "An act to regulate the practice of medicine, approved March 3rd 1881, and amended in 1883 and all other acts inconsistent herewith, and provide a penalty for the violation of this act.' Laws 1891, chap. 35. Took effect Aug. 1, 1891. Act constitutional in its general scope. Form of indictment. 54

N. W. R., 513.

and official seal of such official if he has a seal, and any person swearing falsely in such affidavit shall be guilty of perjury and subject to the penalty therefor. [Id. § 9.]

SEC. 10. [License-Certificate-Register.]-If upon investigation of said diploma and affidavit the applicant shall be found entitled to practice there shall be issued to said applicant the certificate of said board under its seal and signed by its secretaries stating such fact, and it shall be the duty of the applicant before practicing to file such certificate or a copy thereof in the office of the county clerk of the county in which he or she resides or in which he or she intends to practice; such certificate or copy shall be filed by the county clerk and by him recorded in a book to be kept for that purpose properly indexed to be called the "Physician's Register," and for such services the county clerk shall receive from the applicant the same fees as are allowed to the register of deeds for the recording of conveyances. [Id. § 10.]

SEC. 11. [Exceptions to act.]-All physicians who shall be engaged in practice at the time of the passage of this act shall within six months thereafter present to said board their diplomas and affidavits as herein before provided, or in the case of persons not graduates who were entitled to registration and practice under the provisions of the act entitled "An act to regulate the practice of medicine in the State of Nebraska," approved March 3rd, 1881, on affidavit showing them to have been entitled to so register and practice and a certified transcript of their registration under said act, and upon their doing so shall be entitled to the certificate herein provided, which they shall file with the county clerk as herein provided. Provided, that no one having the qualifications required in and having complied with said act of March 3, 1881, shall be liable to prosecution for failure to comply with this act until the expiration of said period of six months. [Id. § 11.]

SEC. 12. [Secretaries-Records-Certificate.]-It shall be the duties of said secretaries to keep a full record of all the acts and proceedings of said board and of all certificates granted thereby together with the proof upon which certificates are granted, but when said proof in any case shall have been on file in the office of said board 'for ten days said certificate may be issued by said secretaries without a vote of the board, if no protest has been filed and if in their opinion said proof complies with the provisions of this act. [Id. § 12.]

SEC. 13. [Removal from county.]-Any person who shall have obtained a certificate provided by this act and shall remove to another county shall before the entering upon the practice of his profession in such other county cause said certificate to be filed and recorded in the office of the County Clerk of the county to which he has removed. [Id. § 13.] SEC. 14. [Certificate-Refusal-Revocation.]-The Board may refuse certificates to persons guilty of unprofessional or dishonorable conduct, and it may revoke certificates for like cause; provided always that they have given the person an opportunity to be heard in his or her defense. [Id. § 14.]

SEC. 15. [Effect of act on Suitors.]-No person shall recover in any court in this State any sum of money whatever for any medical, surgical or obstetrical services unless he shall have complied with the provisions of this act and is one of the persons authorized by this act to be registered as a physician. [Id. § 15.]

SEC. 16. [Unlawful practicing-Penalty.]-Any person not possessing the qualifications for the practice of medicine, surgery or obstetrics required by the provisions of this act, or any person who has not complied with the provisions of this act who shall engage in the practice of medicine, surgery or obstetrics, or any of the branches thereof in this State, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than fifty ($50) dollars nor more than three hundred ($300) dollars, and costs of prosecution for each offense, and shall stand committed until such fine and costs are paid. [Id. § 16.]

SEC. 17. [Practitioner defined--Exceptions.]-Any person shall be regarded as practicing medicine within the meaning of this act who shall operate on profess to heal or prescribe for or otherwise treat any physical or mental ailment of another. But nothing in this act shall be constructed to prohibit gratutitous services in case of emergency, and this act shall not apply to commissioned surgeons in the United States Army and Navy, nor to nurses in their legitimate occupations, nor to the administration of ordinary household remedies. [Id. § 17.]

SEC. 18. [Itinerant vendors-Penalty.]-Any itinerant vendor or of any drug, nostrum, ointment or applicance of any kind intended for the treatment of any disease or injury, or who shall by writing, printing or any other method, publically profess to cure or treat diseases or injury or deformity, by any drug, nostrum manipulation or other expedient shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty (50) dollars, nor more than one hundred ($100) dollars or be imprisoned in the County Jail for a period of not less than thirty (30) days, nor more than three (3) months or both in the descretion of the court, for each offense. [Id. § 18.]*

SEC. 19. [Secretaries-Fees.]--The Secretaries of said Board of Health shall receive for their services the sum of five ($5.00) dollars to be paid by every applicant for a certificate hereunder at the time of making his application, and for their services for the taking of testimony the same fees as are provided for notaries public for similar services, and they shall

576

MEDICINE.

CH. 55, ART. 2 receive no other fees or compensation. Provided, that applicants under section 11 of this act shall pay the sum of one ($1.00) dollar only. [Id. § 19.]

DISSECTIONS.

SEC. 20. [Dissections lawful.]—That it shall be lawful to carry on dissections of the human body for scientific, educational, and legal purposes within the state of Nebraska under the restrictions hereinafter provided in this act. [1883, § 1, chap. LV.]

SEC. 21. [Paupers.]—The bodies of all paupers dying within this state, whose persons are unclaimed after death by any relatives or friends for the purpose of interment, shall be turned over to any legally organized medical college or any physician or surgeon authorized under the laws of this state to practice therein, under the conditions contained in section three of this act. [Id. § 2.]

SEC. 22. [Same.]-Any medical college, through its president, dean, or secretary, or any surgeon authorized to practice in this state, may procure the body or bodies of deceased paupers, whose bodies are unclaimed by relatives or friends for interment, by filing an application therefor, accompanied by a bond in the penal sum of five hundred dollars binding the applicant to procure, convey, and dissect the body or bodies applied for in a manner that shall be private and in no wise shock the sensibilities of the community where such body is procured, conveyed, or dissected, and the applicant shall state in said application that the body or bodies is or are required for scientific investigation, or for educational purposes. Upon making such application to the county clerk of any court [county] in this state where such pauper or paupers may be, and filing such bond with said county clerk, he shall issue his order, under this act, to the properly authorized officer of the county having charge of said pauper's body or bodies, to turn the same over to the party or parties above named, who have made application therefor. [Id. § 3.]

SEC. 23. [Transportation-Penalty.]-No bodies applied for in accordance with the provisions of this act shall be transported or used outside the limits of this state. Any one violating the provisions of this act shall upon conviction thereof before any tribunal authorized to try such offense, be fined not less than one hundred dollars, and not more than three hundred dollars, or shall be imprisoned in the county jail not less than one month nor more than six months. [Id. § 4.]

ARTICLE II.-DENTISTRY.

SECTION 1. [Dentists-Diplomas.]-It shall be unlawful for any person or persons to practice dentistry or dental surgery in the state of Nebraska without first having received a diploma from a reputable dental college or university duly incorporated or established under the laws of some one of the United States or some foreign government; Provided, That nothing in section one of this article shall apply to any bona fide practitioner of dentistry or dental surgery in this state at the time of the passage of this act; And, provided, That nothing in this act shall be so construed as to prevent physicians or surgeons from extracting teeth. [1887, chap. 51.]

SEC. 2. [Same-Registration.]-Every person who shall hereafter engage in the practice of dentistry or dental surgery in this state shall file a copy of his or her diploma with the county clerk of the county in which he or she resides, which copy shall be sworn to by the party filing the same, and the clerk shall give certificate of such fact with the seal of the county attached thereto, to such party filing the copy of his or her diploma, and shall file and register the name of the person, the date of the filing and the nature of the instrument in a book to be kept by him for that purpose, and as a compensation for his services the said clerk for filing and registering the same shall receive a fee of one dollar ($1.00), to be paid by the person filing the diploma.

SEC. 3. [Same-Residents.]-Every bona fide practitioner of dentistry or dental surgery residing in this state at the time of the passage of this act, and desiring to continue the same, shall, within ninety days after the passage of this act, file an affidavit of said facts as to the length of time he or she has practiced in this state with the county clerk of the county in which he or she resides, and the said clerk shall register the name of, and give a certificate to, the party filing the affidavit in like manner and of like effect as herein before provided, and for such service shall receive a fee of one ($1.00) dollar to be paid by the party filing the affidavit.

SEC. 4. [Certificates-Evidence.]-All certificates issued under the provisions of this act shall be prima facie evidence of the right of the holder to practice under this

act.

SECS. 20-23. "An act legalizing dissections and for other purposes." effect February 20, 1883.

Laws 1883, chap. LV. Passed and took

ART. II. "An act to regulate the practice of dentistry and to punish violations thereof." Laws 1887, chap. 51. Took effect July 1, 1887.