least two members of said board. All records of the board must be open to the inspection of any elector during business hours. The board, its agents, and employes shall have the right to enter upon any land within the district, to make surveys, and may locate the line for any canal or canals, and the necessary branches for such location. Said board shall also have the right to acquire, either by purchase or condemnation, all lands and waters and other property necessary for the construction, use, maintenance, repair, and improvement of any canal, canals, power, power plants, of any kind or nature, and works, lands for reservoirs for the storage of need for water and all necessary appurtenances. Said board shall also have the right to acquire by purchase any irrigation works, power plant, ditches, canals or reservoirs already constructed for the use of said district. In case of purchase the bonds of the district hereinafter provided for may be used at their par value in payment. Said board may also construct the necessary dams, reservoirs, and works for the collection of water for said district and do any and every lawful act necessary to be done, that sufficient water may be furnished to each land owner in said district for irrigation purposes. The use of all water required for the irrigation of the lands of any district formed under the provisions of this act, together with the rights of way for canals and ditches, sites for reservoirs, or power plants, and all other property required in fully carrying out the provisions of this act, is hereby declared to be public use, subject to the regulation and control of the state in the manner prescribed by law. History. Power plant inserted 1905, H. R. 271; in force July 1.

6834

2. Bonds of an irrigation district when ject to taxation. Opinions Atty. Genl. purchased by a private individual are sub- 1902-3, 277. 6840a. Limit of bond issue-Special fund levy.

No irrigation district shall in any year issue warrants in excess of ninety per cent. of the levy for said year, Provided, That in case of due and outstanding obligations against said district contracted prior to the year in which any levy is made, the district board shall have power to make an additional levy, not to exceed two mills on the dollar, assessed valuation, to create a special fund for the payment of said past due obligations, Provided, Further that whenever the claims or obligations against any fund for any year are fully paid, the said board shall have the power to transfer any unused balance to any fund for and any preceding or succeeding year.

History. This section inserted here by the legislature 1905, H. R. 271, sec. 2; in force July 1.

6846

3. An irrigation district is liable for the necessary expenses incurred by the county in organizing the district. Opinions Atty. Genl. 1902-3, 277.

6869

1. After an irrigation district has been duly organized the statutory procedure described in said chapter for detaching lands, other than those which can not from some natural cause be irrigated, is exclusive. Andrews v. Lillian Irr. Co., Neb.; 97 N. W. R. 336.

Sec. 6891. An act to grant to the United States of America rights of way. Hill's right of way bill. 1905, I. R. 265; in force July 1.

6891. Right of way over state lands for public utility.

There is hereby granted, over all the lands now or hereafter belonging to the State of Nebraska, a right of way for ditches, tunnels and telephone and transmission lines necessary to the construction and operation of any irrigation

works constructed by authority of the United States, and in all conveyances the said right of way shall be reserved.

History.-Laws 1905, H. R. 265, sec. 1; in force July 1.

6892. Fees of secretary of irrigation.

There shall be paid to the State Treasurer in advance, for services of the Secretary of the State Board of Irrigation, by the party demanding or necessitating the service, the following fees: For filing and examining applications for permits to appropriate water, and maps of same, two dollars. For copies of maps. or plats, forty (40) cents per hour for the time actually required and spent for the copying or preparation thereof. For recording anv water right instrument not specified above, one dollar for the first one hundred words, and for each additional folio, fifteen cents. For issuing certificates of appropriation of water, one dollar. For making certified copies of any document recorded or filed in the office of the State Board of Irrigation per folio, fifteen cents, and for each certificate attached thereto, one dollar.

History.-Laws 1905, H. R. 267, sec. 1; in force July 1.

Sec. 6893. An act to provide for official seal for the office of the state board of irrigation, and for the certification of copies of records of said board and the receipt of the same as evidence. Hill's irrigation board seal bill. 1905, H. R. 268; in force July 1.

6893. Seal of board of irrigation.

The State Board of Irrigation shall keep a seal of office for the authentification of all papers, writings and documents required to be certified by said Board and copies so authenticated and certified, of all papers and documents lawfully deposited in the office of said Board shall be received in evidence as the original. History.-Laws 1905, H. R. 268, sec. 1; in force July 1.

Sec. 6894. An act authorizing county clerks and recorders to accept printed books from water users' associations organized under the National Reclamation Act and to use the same for recording stock subscriptions of such association. Hill's water users' record bill. 1905, H. R. 356; in force April 1.

6894. Irrigation stock subscription books.

That the County Clerk is hereby authorized to accept from Water Users' Associations organized in conformity with the requirements of the United States under the Reclamation Act, books containing printed copies of their articles of incorporation and forms of subscription to stock, and to use such books for recording the stock subscriptions of such association; and the charges for the recording thereof shall be made on the basis of the number of words actually written therein.

History.-Laws 1905, H. R. 356, sec. 1; in force April 1.

Secs. 6924 to 6926. An act entitled an act to protect persons, associations, and unions of workingmen and others in their labels, trade-marks, and forms of advertising, and to provide a penalty for the violation of the provisions of this act. trade-mark bill. 1905, H. R. 214; in force July 1.

6924. To protect trade-marks and labels.

Andersen's

Every person or association or union of working men or others that has adopted or shall adopt for their protection any label, trade mark or form of advertisement, may file the same for record in the office of the Secretary of State by leaving two copies, counter-parts or facsimiles thereof with the Secretary of State. Said Secretary shall thereupon deliver to such person, association or union so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of two ($2.00) dollars. Such certificate of record shall in all actions and prosecutions, under the following three sections be sufficient proof of the adoption of such label, trade mark or form of advertisement, and the right of said person, association or union to adopt the same. History.-Laws 1905, H. R. 214, sec. 1; in force July 1.

6925. Imitation or wrong use may be enjoined.

Every person, association or union adopting a label, trade mark or form of advertisement, as specified in the preceding section, may proceed by action to enjoin the manufacture, use, display or sale of any counterfeit or imitation thereof; and all courts having jurisdiction of such action shall grant injunctions to refrain such manufacture, use display or sale, and shall award the complainant therein such damages resulting from such wrongful manufacture, use, display or sale, and a reasonable attorney's fee to be fixed by the court, and shall require the defendant to pay to such person, association or union the profits derived from such wrongful manufacture, use, display or sale, and a reasonable attorney's fee to be fixed by the court, and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court to be destroyed. Such actions may be prosecuted for the benefit of any association or union by any officer or member thereof.

History.-Laws 1905, H. R. 214, sec. 2; in force July 1.

6926. Penalty for wrongful use of trade-mark in advertising.

It shall be unlawful for any person or corporation to imitate any label, trade mark or form of advertisement adopted as provided in the second preceding section, or to knowingly use any counterfeit or imitation thereof, or to use or display such genuine label, trade mark or form of advertisement, or the name or seal of such person, union or association, or of any officer thereof, unless authorized so to do, or in any manner not authorized by him or it. Any person violating any provision of this section shall be imprisoned in the county jail not more than thirty days or be fined not less than twenty five nor more than one hundred dollars.

History-Laws 1905, H. R. 214, sec. 3; in force July 1.

rose came into existence. Hunter v. Lang, Unoff. -; 98 N. W. R. 690.

6986

1. This does not vest title and ownership of the statutes in the officers to whom they are delivered by the secretary of state. Marsh v. Stonebraker, Neb. -; 98 N. W. R. 699.

Secs. 6988-89. An act authorizing the publication of the laws enacted by the legislature on a plan uniform with the Annotated Statutes, and making such publication admissible in evidence. Kyd's statute supplement bill. 1905, H. R. 5; in force February 9.

6988. Annotated Statutes supplement.

That as soon after the close of each legislature as practicable J. E. Cobbey is authorized to prepare and publish the new laws on the same general plan as the Annotated Statutes, said publication to be without cost to the State. History.-Laws 1905, H. R. 5, sec. 1; in force February 9.

€989. Laws published in supplement receivable in court.

The laws so published shall be received in all courts of the state as prima facie evidence of the law.

History.-Laws 1905, H. R. 5, sec. 2; in force February 9.

LEGISLATURE.

7010. Officers and employees of the senate.

That the officers and employes of the Senate shall consist of the following and no others: A President, pro tem; one (1) Secretary; two (2) Assistant Secretaries; one (1) Clerk of the Committee of the Whole; one (1) Chaplain; one (1) sergeant-at-arms; and one (1) assistant Sergeant-at-arms; one (1) doorkeeper; and one (1) Assistant door-keeper; one (1) postmaster; one (1) mail carrier; one (1) bill clerk; one (1) assistant bill clerk; one (1) bookkeeper and file clerk; one (1) messenger; one (1) night watchman; one (1) custodian; and one (1) custodian of the cloak room; eight (8) stenographers; two (2) proof readers; one (1) clerk for the Lieutenant Governor; one (1) chief enrolling and engrossing clerk, and seven (7) copyists; three (3) pages; one (1) clerk for the Judiciary Committee; one (1) clerk for the Finance Committee and four (4) other clerks for the use of this Senate, and three (3) janitors. History. Amended 1905, S. F. 229; in force July 1.

25. A condition in a deed providing that no intoxicating liquors shall be kept or disposed of on the premises, and that if the condition is violated either by the grantee or persons claiming under him, the conveyance shall be void, and the premises revert to the grantor or his representatives, is a valid condition subsequent which until broken runs with the land. On a breach of such condition the grantor, if living, or, if dead, his heirs may claim a reversion of the estate and maintain ejectment. Jetter v. Lyon, Unoff. -; 97 N. W. R. 596.

toxicating liquors in such precinct. Thompson v. Egan, Neb.; 97 N. W. R. 247. 27. Is alcohol an intoxicating liquor? 57 C. L. J. 308.

7151

8. It is not necessary to republish the notice of application for license to sell intoxicating liquors after additional names are permitted to be added to the petition. Thompson v. Egan, Neb. -; 97 N. W. R. 247.

7152

15. A protest sent by mail to a licensing board, of which the board had notice, is "filed" within the meaning of the law, and the board must fix a time for a hearing. Moores v. State ex rel., Unoff. -; 96

N. W. R. 225.

7153

22. A motion for a new trial is not neces sary to review a judgment of the district court on the hearing of an appeal from a licensing board. In re Krug, Neb. ¡ 101 N. W. R. 242.

7154

3. A license is a personal privilege granted to the individual, and a note given as purchase price of such a license from the licensee is void. Padget v. O'Connor, Neb. -; 98 N. W. R. 870.

26. Infant children, although residents and heirs to estates of inheritance in real estate in the precinct, are not qualified signers of a petition for the sale of in7155. Licensee must give bond with sureties.

No person shall be licensed to sell malt, spirituous, and vinous liquors, by any county board, or the authorities of any city or village, unless he shall first give bond in the penal sum of five thousand dollars, ($5000), payable to the state of Nebraska, with one surety where such surety is an incorporated surety company authorized by the laws of this state to transact such business, or with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, when said sureties are natural persons, to be approved by the board who may be authorized to issue the license, conditioned that he will not violate any of the provisions of this act, and that he will pay all damages, fines and penalties and forfeitures which may be adjudged against him. under the provisions of this act. The board taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person so licensed, or by his agent or servant.

History. Amended to permit surety companies 1905, H. R. 195; in force July 1.