and if a part can not be served in a county 15. Persons engaged in selling liquors are jointly and severally liable for all damages arising from such traffic to the cause of which they have contributed, and such liabilities extend to the sureties upon their bonds. All such persons and sureties may be joined as defendants in a single action, 7156. Can not become surety on two bonds. ; No person who is holden as the principal or surety upon any bond given under the provisions of the preceding section shall be permitted to become a surety upon any other bond of like character;* but this provision shall not apply to incorporated surety companies. History. All after* added 1905, H. R. 195; in force July 1. 22. A vendor of liquors is liable for all expenses incurred in all criminal and civil prosecutions growing out of his traffic, and a plea of guilty in a criminal case is proper but not conclusive evidence that plaintiff was guilty when the question comes up in a civil case. Wesnieski v. Vanek, - Unoff. ; 99 N. W. R. 258. 23. An instruction that liquors drank in a saloon were presumed to be intoxicating, held to be erroneous; that their character was a question of fact. Kuhlman v. Cole, Unoff. -; 98 N. W. R. 419. 7175 16. A husband or wife living upon a homestead, the title of which is in the -- other spouse, is not a sufficient signer un- 18. The board is without power to license an applicant who has no interest in the license applied for and who is procuring the license for another person. In re Krug, Neb. -; 101 N. W. R. 242. 19. A final order by a district court rendered upon appeal from an order of a vil lage board granting or refusing a license to sell intoxicating liquors is not reviewable upon appeal by the supreme court. Halverstadt v. Berger, Neb.; 100 N. W. R. 934. 20. It is no part of the official duty of the register of deeds to search the records and determine what signers of a liquor bond are owners of real estate. If he does so it is a matter of private employment. State ex rel. v. Holm, Neb. -; 97 N. W. R. 821. Secs. 7185 to 7187. An act to regulate the sale and disposition of liquors and to fix a penalty for the violation of the provisions of this act. Hill's bill to prevent sale of liquor near railroad camp. 1905, H. R. 266; in force April 3. 7185. Liquor not sold within five miles of labor camp. It shall be unlawful for the Board of County Commissioners or other officer or officers authorized to grant a license to any person or persons to sell, barter or exchange, or otherwise dispose of malt, spirituous or vinous liquors within five miles of any camp or assembly of men engaged in the construction or repair of any railroad, canal, reservoir, public work or other kindred enterprise, where 25 or more men are employed. History.-Laws 1905, H. R. 266, sec. 1; in force April 3. 7186. Penalty for selling liquor near railroad or public works camp. Any person who shall sell, barter or exchange, or offer for sale, barter or exchange, or otherwise dispose of malt, spiritous or vinous liquors, within 5 miles of any camp or assembly of 25 or more men engaged in the construction or repair of any railroad, canal, reservoir, public work, or other kindred enterprise, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding $100, or imprisoned in the county jail not exceeding 60 days, or both, in the discretion of the Court, and any attempt to evade the provisions of this act by giving away any such liquor upon the pretense or for the reason that such person has purchased, or designs to, or is expected to purchase some other article, shall be deemed a sale within the provisions of this act; Provided, that the provisions of this section shall not apply to sales made under a license issued by any incorporated town or city nor to sales at saloons or other places at which such liquors are sold or disposed of, outside the corporate limits of cities or towns, which place of sale may have been established and licensed six months prior to the beginning of such work within said five mile limit. History.-Laws 1905, H. R. 266, sec. 2; in force April 3. 7187. Justice of the peace-Jurisdiction under this act. Justices of the Peace in their respective precincts shall have jurisdiction to hear and determine all cases arising under the provisions of this act. History.-Laws 1905, H. R. 266, sec. 3; in force April 3. 7259. Review of findings of military. court. 7260. Collection of fines of military court. 7261. Company dues-How collected. 7262. Fines and penalties deducted from pay. 7263. Pay rolls-How prepared. 7264. Auditor draw money on pay roll. 7265. Adjutant general ask legisla. ture for appropriation. 7266. Commissioned officers admin- 7267. Officers and men excused from 7269. Pension for disabled soldier. 7271. Military organization unlawful -When. 7272. Penalty for unauthorized drilling. 7273. Officer arrest lawbreaker. CHAPTER XXXIII.-MILITIA. Secs. 7200 to 7273. An act to establish a military code for the state of Nebraska, and to provide for the organization, government, and compensation of the militia, and to provide for the enrolment of the unorganized militia, to conform to the act of Congress entitled "An act to promote the efficiency of the militia and for other purposes," approved January 21, 1903, and to repeal chapter 50, session laws of 1897, entitled "An act to establish a military code for the state of Nebraska. And to provide for the organization, government, and compensation of the organized militia, and to repeal chapter 50, session laws of 1887, known as chapter 56, Compiled Statutes, approved March 31, 1887, entitled an act to amend an act entitled 'An act to establish a military code for the state of Nebraska,' approved February 28, A. D. 1881, and to repeal chapter 64, laws of 1881 as now existing," approved April 12, 1897, the same being chapter 56 of the Compiled Statutes of 1901 and chapter 33 of Cobbey's Annotated Statutes, entitled "Militia," of 1903, except section 66 of chapter 56 of the Compiled Statutes of 1901, and section 7265 of chapter 33 of Cobbey's Annotated Statutes of 1903, relating to Doane college cadets. McMullen's militia bill. 1905, H. R. 156; in force April 3. 7200. Who exempt from military service. All the able bodied male citizens and able bodied males of foreign birth who have declared their intention to become citizens, who are more than 18 and less than 45 years of age, and who are residents of this state, shall constitute the militia, subject to the following exemptions: 1. Persons exempted by the laws of the United States. 2. Persons exempted by the laws of this state. 3. The members of any regularly organized fire or police department in any city, village, or town, and exempt firemen who have served their full term in any fire company; but no member of the active militia shall be relieved from duty because of his joining any such fire company or department. 4. Justices and clerks of courts of record; registers of deeds; sheriffs; ministers of the gospel; practicing physicians; superintendents, officers, and assistants of hospitals, prisons, and jails; conductors and engineers of railways. 5. Idiots, lunatics, paupers, vagabonds, confirmed drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamous crimes. All such exempted persons, except those enumerated in subdivisions I and 5, shall be available for military duty in case of war, insurrection, invasion or imminent danger thereof. History-Laws 1905, H. R. 156, sec. 1; in force April 3. 7201. Assessors enroll all male citizens. The names of all male citizens of this state, and all who shall have declared their intention to become citizens, between the ages of eighteen and forty-five, shall annually, at the time of the assessment of property for taxation for county and state purposes, be enrolled by the assessors. Such enrollment shall state the name, residence, age, and occupation of the persons enrolled, and their previous or existing military or naval service. On such enrollment list, and opposite the name of every person exempt from military duty, the assessor shall write the word "Exempt," and the reason for such exemption, and shall sign such lists and file them in the offices of the respective county clerks at the time prescribed by law for filing and returning the assessment rolls, and the clerk shall, on or before the first day of August in each year thereafter, make a certified report of same to the adjutant general, retaining a copy on file in his office. History.-Laws 1905, H. R. 156, sec. 2; in force April 3. 7202. The active and the reserve militia. The militia of the state shall be divided into two classes: the active and the reserve militia. The active militia shall consist of the organized and uniformed military forces of the state, which shall be known as the "Nebraska National Guard;" the reserve militia shall consist of all those liable to service in the militia, but not serving in the National Guard of the state. History.-Laws 1905, H. R. 156, sec. 3; in force April 3. 7203. Nebraska National Guards-How recruited-Organized. The Nebraska National Guard shall be recruited by volunteer enlistment; and to be organized into not less than twenty-four nor more than twenty-eight companies of infantry, not more than two troops of cavalry, and one battery of artillery, one signal corps, one engineer corps, and one hospital corps; which may be assigned to squadrons, battalions, and regiments. History-Laws 1905, H. R. 156, sec. 4; in force April 3. 7204. Governor employ militia. The Governor, as Commander-in-chief of the militia, 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. History.-Laws 1905, H. R. 156, sec. 5; in force April 3. 7205. General staff. The staff of the Commander-in-chief shall consist of an Adjutant General, with the rank of Brigadier General, who shall be ex-officio Chief of Staff; a Quartermaster and Commissary General; a Surgeon General; a Judge Advocate General; and an Inspector General,-each with the rank of Colonel; an Inspector of Small Armis practice, and two of the aides-de-camp to be appointed or detailed from the officers of the National Guard. The aides-de-camp shall serve without pay in time of peace. History-Laws 1905, H. R. 156, sec. 6; in force April 3. 7206. Adjutant general-Duties and powers of. The Adjutant General shall be in control of the military department of the state and subordinate only to the governor in matters pertaining to the said department. He shall issue and transmit all orders of the Commander-in-chief with reference to the militia or military organization of the state, and shall keep a record of all officers commissioned by the Governor, and all general and special orders and regulations, and of all such matters as pertain to the organization of the state militia and Nebraska National Guard, and perform the duties of the quartermaster and commissary general, except in time of encampment, war, or insurrection, in which case the duties of the quartermaster and commissary general shall be performed by that officer. He shall have charge of, and receive and issue all ordinance and ordinance stores, clothing, camp and garrison equipage, and other public property pertaining to the militia or National Guard of the state; provide transportation and subsistence when necessary under authority of the Governor. He shall have charge and carefully preserve the colors, flags, guidons, and military trophies of war belonging to the state, and shall not allow the same to be loaned out or removed from their proper place of deposit. He shall furnish at the expense of the state all proper blank books, blanks, and forms, and such military instruction books as shall be approved by the Commander-inchief. He shall also, on or before the first day of December next preceding the regular session of the State Legislature, make out a full account of all transactions of his office, with the expense of the same, for the preceding two years, and such other matter as shall be required by the Governor, and shall also report at such other times as the Governor may require. He shall make such reports, returns to the War Department or the President of the United States as may be required by law or regulations. The Adjutant General may have an assistant Adjutant General, with the rank of Major, and an assistant Quartermaster, with the rank of Captain, who shall be appointed and commissioned by the Governor upon recommendation of the Adjutant General, and the necessary clerks and employes, not to exceed three in time of peace, who shall be appointed by the Adjutant General. The Adjutant General shall be the disbursing officer, unless otherwise ordered by the Governor, for the allotment to be made by the Secretary of War under the provisions of the United States law approved January 21, 1903, entitled an Act "to promote the efficiency of the militia and for other purposes.' He shall give such bonds to the United States and the State as may be required by the Secretary of War and Governor of Nebraska respectively, for the faithful accounting and safe-keeping and payment of public moneys coming into his hands or entrusted to him for disbursement. The Adjutant General shall provide a scal which shall be the seal of his office, and shall be delivered by him to his successor. He shall reside at the State Capitol and shall hold his office during the pleasure of the Governor. The Adjutant General shall receive for his services one thousand eight hundred dollars per annum. The Assistant Adjutant General shall aid the Adjutant Genera! by the performance of such duties as may be assigned to him, and shall, in case of absence or inability of the adjutant general, perform all, or such portion of the duties of the adjutant general as the latter may expressly delegate to him. He shall give a bond with sufficient sureties in a sum not exceeding five thousand dollars, conditioned for the faithful performance of his duties, and shall receive as compensation the sum of twelve hundred dollars per annum. The assistant quartermaster shall perform such duties as may be as |