9185. Register of deeds-Bond-Powers and duties-Term-Fees. At the general election in the year 1906, and every four years thereafter, a register of deeds shall be elected in and for each county having a population of eighteen thousand and three (18,003) inhabitants or more, to be ascertained by the census of 1885, and each state and national census thereafter, who shall give bond, with sufficient sureties thereon, to be approved by the county board, in the penal sum of ten thousand ($10,000.00) dollars conditioned for the faithful performance of his duties, and such register of deeds shall have all the powers and perform all the duties relative to all papers, writings, and instruments pertaining to real estate heretofore enjoined by law upon county clerks and shall receive the compensation allowed by law therefor. Said register of deeds shall assume the duties of his office on the first Thursday after the first Tuesday in January following his election, and shall keep his office at the county seat of the county in and for which he shall be elected, and each register of deeds whose fees in the aggregate exceed the sum of fifteen hundred dollars ($1,500.00) in any one year after the payment of the necessary deputy and clerk hire shall pay such excess into the treasury of the county in which he holds his office; Provided, however, That in counties having more than twenty-five thousand (25,000) and less than sixty thousand (60,000) inhabitants, the register of deeds shall receive the sum of two thousand dollars ($2,000.00) per annum, after payment of deputy and clerk hire as herein provided; And Provided Further, That in counties having more than sixty thousand (60,000) inhabitants, the register of deeds shall receive the sum of two thousand five hundred dollars ($2,500.00) per annum, after the payment of the necessary deputy and clerk hire as hereinbefore provided; Provided further, That in counties of sixty thousand (60,000) or less, the register of deeds may retain no more than one thousand dollars ($1,000.00) per annum for the services of each deputy, nor more than sixty dollars (60.00) per calendar month for the services of each copyist, or assistant; and that in counties having more than sixty thousand (60,000) inhabitants, he may retain no more than twelve hundred dollars ($1,200.00) per annum for the services of each deputy, nor more than sixty dollars ($60.00) per calendar month for the services of each copyist or assistant; and Provided Further, That in no instance shall such register of deeds receive more than the fees by him collected, nor shall any money be retained by him for services of deputies or assistants unless the same be actually paid to such deputies or assistants for their services. History.-Year changed, 1905, H. R. 315; in force July 1. 2. A mortgage and release are separate instruments, and must be recorded separately when requested by the party presenting them, though both may appear upon a single sheet of paper. Opinions Atty. Genl. 1902-3, 12. 3. It is no part of the official duties of a register of deeds to search the records of his office to ascertain whether persons signing a petition to obtain a liquor license are freeholders. In such case he must place the fee for his certificate and seal on his feebook and account for the same, 9219. Duties of surveyors. It shall be the duty of the county suveyor to make all surveys within his county that he may be called upon to make; * and in all counties having a population of over fifty thousand, the county surveyor shall be ex officio county engineer and it shall be his duty to prepare all plans, specifications and detail drawings for the use of the county in advertising and letting all contracts for the building and reparation of bridges, culverts, and all public improvements upon the roads. It shall also be his duty to make estimates of the cost of all such contemplated public improvements and to make estimates of all material required for such public improvements, and to inspect the material and to have the same measured and ascertained and report to the county board whether the same is in accordance with their requirements. It shall also be his duty to superintend the construction of all such public improvements and inspect and require that the same shall be done in a good workmanlike manner. It shall also be the duty of the county surveyor to make estimates of the cost of all labor and materials which shall be necessary for the construction of all bridges and improvements upon public highways, to inspect all of the work and materials placed in any such public improvements and to make a report in writing to the county board with his statement in regard to whether the same comply with the plans, specifications and detail drawings of the county board prepared for such work or improvements and under which the contract was let. Where the county board proceeds to purchase materials and hire the labor to construct or repair bridges and culverts and approaches thereto or to make improvements upon the public roads, he shall have charge of and general supervision of such work or improvements and shall inspect all materials and direct the work and make a report of each several piece of work to the county board. Said county engineer or surveyor shall also have such other and further powers as are necessarily incident to the general powers herein granted. History. All after added 1905, S. F. 284; in force July 1. Sec. 9234a. An act to increase the power of county treasurers for collection of personal taxes. Currie's tax collection bill. 1905, H. R. 242; in force July 1. 9234a. When county treasurer apply for administration upon estate. That any County Treasurer in any County where there were personal assets of any deceased personal tax debtor, as a part of his duty, as such when ordered to collect taxes by suit-or under distress warrant issued to him from any other County Treasurer, in case no estate is opened by, personal representatives, heirs or next of kin of decedent, shall in his own name, if in the County where taxes were assessed, or in name of the Board of the County from which the distress warrant issues to him, take out letters of administration upon estate of deceased tax debtor. History.-Laws 1905, H. R. 242, sec. 1; in force July 1. 9244. Who may make charges. Any person may make such charge and the district court shall have exclusive original jurisdiction thereof by summons. History. Jurisdiction changed from county board, 1905, S. F. 96; in force April 1. 9252 3. A county surveyor is not required to have the qualifications of a practical surveyor nor does he vacate his office by leaving the performance of the duties thereof to his deputy. Opinions Atty. Genl. 19023. 7. 9266 4. An action against a notary for malicious prosecution in punishing a witness for refusing to answer must show that the officer was without jurisdiction or that the evidence sought to be elicited from the witness was of such a nature as to justify his refusal to testify. Olmstead v. Edson, Neb. -; 98 N. W. R. 415. 9300 17. The firm as a legal person. 57 C. L. J. 343. 18. An agreement between two persons which provides that one of them shall furnish all of the property and funds necessary to carry on a business venture, and shall have the exclusive control and management thereof, and that the other shall give his time and services to the enterprise for which he is to receive onethird of the net profits as full compensation therefor, does not create a partnership. Agnew v. Montgomery, · Neb. -; 99 N. W. R. 820. 19. A surviving partner of an insolvent firm may honestly prefer a bona fide creditor of the firm, even to the exclusion of other creditors. Bartlett v. Smith, Unoff.; 98 N. W. R. 687. 20. Where one partner of a firm conveys or assigns partnership property, and such assignment is concurred in by the other member of the firm, the assignee will have a right to the property assigned superior to one whose claim is based upon a subsequent assignment from one member of the partnership. Ulrich V. McConaughey, Neb.; 96 N. W. R. 645. 21. A partner's share of a single item of partnership profits, the result of a single transaction, may be recovered of a copartner who is retaining it by an action at law if all the other partnership dealings are settled between the parties. Dorwart v. Ball, Neb.; 98 N. W. R. 652. 22. Conversion will not lie on behalf of an individual partner to recover partnership property from one holding title through another partner. Andrews V. Clark, Unoff.; 98 N. W. R. 655. 23. An incoming partner may bind himself to become liable for the firm debts in consideration of the property acquired by purchase, and such agreement is not within the statute of frauds. Bartlett v. Smith, · Unoff. ; 98 N. W. R. 687. 24. Petition for the dissolution of an alleged partnership, and for an accounting and settlement of partnership affairs, examined and held to state a cause of action. Carroll v. Cunningham, Neb. -; 102 N. W. R. 608. 25. Discharges in bankruptcy from partnership debts on voluntary individual petitions. 52 C. L. J. 461. 26. Liability of members of an unincorporated society to indemnify trustees of the society against loss sustained. 57 C. L. J. 104. sons is a misdemeanor under this act. An allegation in the information that the defendant "did then and there unlawfully and knowingly sell to one W. F. T. a quantity of milk, to-wit, one quart of milk as an article of food, to which a quantity of a substance or ingredient was added which is poisonous," is sufficient. No special allegation of guilty knowledge is necessary. It is no defense that the dealer who puts a foreign substance into food did not know that such substance contained poison. Lansing v. State, Neb. -; 102 N. W. R. 254. 9429 5. When it is shown that the physician was a regular practitioner it will be presumed, in the absence of proof to the contrary, that he had complied with the law and been duly licensed. Cather v. Damerell, Unoff.; 99 N. W. R. 35. 9430 6. Unlawfully practicing medicine-burden of proof. 52 C. L. J. 401. 9433 1. The board of health may retain the examination fees paid by rejected applicants for permission to practice medicine in this state. Opinions Atty. Genl. 1902-3, 125. 9446 1. Any person may apply for an embalming certificate. The board can not refuse to examine an applicant on the sole ground that he is a minor. The state board of health can not delegate to the state board of embalmers the power to make rules and regulations on the subject of embalming. Opinions Atty. Genl. 1902-3, 221. Secs. 9452 to 9465h. An act to regulate the practice of dentistry in the state of Nebraska, to provide for the better education of practitioners, to provide penalties for the violation thereof, and to repeal article 2 of chapter 55 of the Compiled Statutes of the state of Nebraska 1903. Bartoo's dentistry bill. 1905, H. R. 60; in force July 1. 9452. Unlawful to practice dentistry without a certificate. It shall be unlawful for any person to engage in the practice of dentistry in the State of Nebraska unless such person shall have obtained a license from the State Board of Health countersigned by its dental secretaries, duly appointed under the provisions of this act; provided, that this act shall not affect the right of dentists to practice dentistry who have the right to do so under the laws of this state at the time of the passage of this act. History.-Laws 1905, H. R. 60, sec. 1; in force July 1. 9453. State board of health enforce dentistry law. It shall be the duty of the state Board of Health to see that the provisions of this act are strictly enforced, to grant the certificates as hereinafter provided and to cause to be prosecuted all violations of this act. Said State Board of Health shall, within sixty days after the approval of this act, appoint five secretaries to serve for the terms of one (1), two (2), three (3), four (4), and five (5) years respectively. Said secretaries shall have been actively and legally engaged in the practice of dentistry in the state of Nebraska for at least five years next preceding the date of their appointment, and shall have received the written endorsement of at least fifty (50) legal practitioners of dentistry in the State of Nebraska, and none of said appointees shall be members of the faculty of any dental college or dental department of any medical college in the state of Nebraska, or shall have any financial interest in any such college or department. Said secretaries shall hold office for a term of five years excepting the first four (4) appointed as set forth in this section of this act, or until their successors are duly appointed and qualified. In case a vacancy occurs in the office of dental secretary, the State Board of Health shall fill such vacancy by appointment within thirty days after it occurs, the appointee to serve the unexpired term of the secretary whose place becomes vacant. History-Laws 1905, H. R. 60, sec. 2; in force July 1. 9454. State board of dental secretaries. The said dental secretaries shall have the power and it shall be their duty to assist and advise the State Board of Health in the performance of its duties, as prescribed by this Act. To that end they shall organize by the election of one of their number as President, another as Secretary, and another as Vice-President and Treasurer. They shall meet in regular session at the State Capitol Building during the months of May and November, at such time as they may designate, and may meet at such other times, and places in special session as they may deem advisable, or, upon the call of the President of said dental secretaries, or at the notification of the State Board of Health. A written notice of the time, place, and object of any special meeting shall be mailed by the Secretary of said dental secretaries, to all the dental secretaries not parties to the call, at least fifteen days before the day of meeting. It shall further be their duty at their regular sessions to examine all applicants for permanent license to practice dentistry according to the provisions of this Act, and thereupon make recommendations to the State Board of Health; to collect and apply all feess directed by the provisions of this Act; to keep a book showing the names of all persons to whom licenses have been granted by the State Board of Health to practice dentistry, and such other books as may be necessary to plainly show the acts and proceedings of said Board of Health and its dental secretaries. History.-Laws 1905, H. R. 60, sec. 3; in force July 1. 9455. Pay of dental secretary. Out of the funds coming into the hands of the said dental secretaries as hereinafter provided, each dental secretary may receive, as compensation, $10.00 for cach day actually spent in attending meeting in the discharge of the duties of his office, and five cents per mile for each mile actually traveled to and from a meeting of said secretaries. Said secretaries may, in their discretion, elect one member each year as their representative to the meeting of the National Association of Dental Examiners, and may pay to such representative out of the funds coming into their hands, as hereinafter provided, a sum sufficient to defray the actual expenses of such representative, for not to exceed six days, including the time of coming and going therefrom. Provided, that said expenses of said dental secretaries, and of such representative, shall be paid from the fees collected by said secretaries under the provisions of this act, and no part thereof, or of the other expenses provided for in this Act, shall ever be a claim upon or paid out of the state treasury. Provided, further, that on the first day of July of each year all |