valuable security, or effects whatever belonging to any other persons, body politic or corporate, which shall come into his or her possession or care, by virtue of such employment, or if any officer elected or appointed to any office of public trust in the state, or if any executor, administrator, guardian, or assignee for the benefit of creditors shall embezzle or convert to his or her own use any money, property, rights in action, or other valuable security or effects whatever, belonging to any individual, or company, or association, that shall come into his or her possession by virtue or under color of his or her relation as officer, executor, administrator, guardian, or assignee, every such person so offending shall be punished in the manner provided by law for feloniously stealing property of the value of the article so embezzled, taken, or secreted, or of the value of any sum of money payable or due upon any right in action so embezzled. Every embezzlement of any evidence of debt negotiable by delivery only, and actually executed by the master or employer of any such clerk, agent, officer, attorney-at-law, or servant, but not delivered or issued as a valid instrument, shall be deemed an offense within the meaning of this section.* Provided, that it shall not be embezzlement for any clerk, agent, attorney-at-law, servant or officer mentioned in this section to retain the amount due or claimed in good faith to be due him for fee, commission or charges on a collection made or service rendered by him. History. Amended and all after added 1905, S. F. 9; in force July 1.

23. Embezzlement differs from larceny in this, that in larceny the offense is the unlawful and felonious taking of personal property with the intent to steal the same, while in embezzlement the taking is lawful and the gist of the offense consists of the conversion with the felonious intent of depriving the owner of the same. Where an agent converts property of his principal under an honest but mistaken I claim of right, he is not guilty of embezzlement. State v. Culver, Neb. -; 97 N. W. R. 1015.

2203

10. The language of the section as amended fairly includes written instruments conveying the title to real estate to the one perpetrating the fraud, and thus securing the signature of a person or persons thereto. The section as it now stands defines two offenses, obtaining money or property by means of fraud and false pretenses, and fraudulently disposing of property to defeat creditors. Moline v. State, Neb.; 100 N. W. R. 810.

11. The pretenses ruled upon to constitute this crime must relate to a past event or an existing fact; representations in relation to a future transaction are not within the statute. Cook v. State, Neb. 98 N. W. R. 810.

12. The amendment of 1899 is valid and not in conflict with the constitution. Sec

Corrupting juror or witness.

2247. If any person shall attempt to corrupt or influence any juror or witness either by promises threats, letters, money or any other undue means either directly or indirectly every person so offending shall be fined in any sum not

exceeding $500.00 or imprisoned in the penitentiary not more than five years nor less than one year.

History. Amended and penalty raised from thirty days, 1905, S. F. 18; in force April 4.

Sec. 2248. An act to punish jurors for receiving bribes and to repeal sec. 165 of the Criminal Code. Gibson's jury bribery bill. 1905, S F. 15; in force March 30. Juror testify against bribe giver, not punished.

2248. If any person summoned, appointed, or sworn as a juror shall take or receive or agree to take or receive any valuable consideration or gratuity whatever for the giving of his verdict, award or report in favor of any particular party, he shall be imprisoned in the penitentiary for not more than five years nor less than one year. Provided, however, if he shall give testimony at the request of the County Attorney against the person who has given to him or who has agreed to give to him any valuable consideration or gratuity whatever, for the giving of his verdict, award or report in favor of any particular party, he shall not be subject to prosecution under this act.

History.-Laws 1905, S. F. 15, sec. 1; in force March 30.

2252

1. To convict a constable of neglecting to serve a warrant, the issuance and valid

ity of the warrant, its delivery to the officer and his neglect to serve it must be shown. Opinions Atty. Genl. 1902-3, 72.

Sec. 2257a. An act making it unlawful for any person to give or receive, offer to give or agree to receive any sum or sums of money or any other bribe, present or reward, or any promise, contract, obligation or security, for the payment of any money, present or reward, or any other thing, for the purpose of securing signatures or signing petitions designating material to be used in the paving, repaving, macadamizing, curbing or guttering of streets or roads, and to provide a punishment for the violation of this act. Anderson's paving bribery bill. 1905, H. R. 386; in force April 3.

Bribery, to secure paving petition.

2257a. If any person shall, directly or indirectly give, or offer to give any sum or sums of money or any other bribe, present or reward, or any promise, contract or obligation, or security for the payment of any money, present or reward, or any other thing to any person with intent to induce or influence such person to sign any petition designating material to be used in paving, repaving, macadamizing, curbing or guttering any street or road in the State of Nebraska, the person so giving, or offering to give, and the person so receiving, or agreeing to receive any money, bribe, present, reward, promise, contract, obligation or security, as aforesaid, with intent or for the purpose or consideration aforesaid, shall upon conviction, be fined in any sum not exceeding Five Hundred Dollars and be imprisoned in the county jail not more than three months. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person in the trial of any criminal proceedings.

History.-Laws 1905, H. R. 386, sec. 1; in force April 3.
Bribery of public officer.

2258 (176). Every person who shall offer or attempt to bribe public officer and every public officer who shall solicit a bribe or who shall propose or agree to receive a bribe in any case shall be fined in a sum not exceeding Five Hundred Dollars ($500) nor less than Three Hundred Dollars ($300) and shall be imprisoned in the penitentiary for the period of one year.

History.—Amended and penalty increased, 1905, S. F. 181; in force July 1.

2292. If any married woman shall hereafter desert her husband and live and cohabit with another man, she shall, upon conviction thereof, be imprisoned in the jail of the county not exceeding one year; or be fined in any sum not exceeding Two Hundred Dollars ($200.00), or both such fine and imprisonment, in the discretion of the court; and if any married man shall hereafter desert his wife and live and cohabit with another woman, or if any married man living with his wife shall keep any other woman and wantonly cohabit with her, or if any unmarried man shall live and cohabit or have habitual sexual intercourse with a married woman, every person so offending shall be imprisoned in the penitentiary for not more than two years or be fined in any sum not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment, in the discretion of the court.

History.-Amended 1905, S. F. 111; in force July 1.

Secs. 2363 to 2366. An act to prohibit the manufacture and sale of cigarettes and what is known as cigarette paper and to provide a penalty for its violation and to repeal secs. 2363, 2364, 2365, and 2366 of Cobbey's Annotated Statutes of Nebraska. Casebeer's cigarette bill. 1905, H. R. 72; in force July 1.

Unlawful to sell or give away cigarettes or cigarette paper.

2363. That it shall be unlawful on and after the date this act shall go into effect to manufacture sell give away or willingly allow to be taken any cigarettes or the material for their composition known as cigarette paper within the State of Nebraska.

History.-Laws 1905, H. R. 72, sec. 1; in force July 1.

Penalty for violation of act.

2364. That any person, firm, association, or corporation in this state violating the provisions of this act he or they, shall be guilty of a misdemeanor and shall

upon conviction thereof be fined for each and every such offense, a sum not less than $50.00 nor more than $100.00 at the discretion of the Court together with costs of prosecution.

History.-Laws 1905, H. R. 72, sec. 2; in force July 1.

Manager or director of corporations violating act-Penalty.

2365. Any officer, director or manager having in charge or control either separately or jointly with others the business of any corporation which corporation violates the provisions of this act if he have knowledge of the same, shall be guilty and subject to the penalty herein provided.

History.-Laws 1905, H. R. 72, sec. 3; in force July 1.

Repealing and saving clause.

2366. The repeal of Sections 2363, 2364, 2365, and 2366 shall not effect any prosecutions already commenced thereunder or any offenses already committed in violation of said law.

History.-Laws 1905, H. R. 72, sec. 4; in force July 1.

2375a

1. In order to charge crime under this section the information must clearly state that both the abandonment and the defendant's neglect to provide for his wife were without good cause. The prosecution must take place in the county where the parties resided at the time of their saparation and where the wife was still residing when the unlawful neglect occurred, although the first act of separation

Bond to support-Suspend sentence.

took place while the parties were temporarily in another county. The supreme court will not pass on the sufficiency of the evidence on these allegations. It is not permissible to prove improper familiarity between the accused and a woman other than his wife where such acts occurred before the alleged desertion took place, and are not connected therewith. Cuthbertson v. State, Neb.; 101 N. W. R. 1031.

2375b. Provided, however, if after conviction and before sentence, such husband or parent shall appear before the court in which conviction shall have taken place, and enter into bond, to the State of Nebraska, in the penal sum of Two Hundred Dollars, to the approval of the court as to surety, conditioned that such husband will furnish said wife with necessary and proper home, food, care and clothing, or that such parent will furnish said child or children with necessary and proper home, food, care and clothing, then said court may suspend sentence therein.* Said bond shall remain in force as long as the district judge deems the same necessary; and whenever it shall appear to said court, either by affidavit or otherwise, that such husband or parent is, in good faith, furnishing his said wife, child or children with the necessary and proper home, food, care and clothing, then said court may annul said bond and dismiss the prosecution against said husband or parent.

History. All after * added 1905, S. F. 129; in force July 1.

Secs. 2375m to 23750. An act to prohibit the wearing or use of the badge, insignia, jewel, or badge of recognition of any society, lodge, guild or association, fraternal or otherwise, by unauthorized persons, and to provide a penalty for its violation. McClay's badge bill. 1905, H. R. 121; in force July 1.

Unlawful use of lodge badge or jewel.

2375m. It shall be unlawful for any person within this state to wilfully wear or use the badge, insignia, jewel, or badge of recognition of any society, lodge, guild or association, fraternal or otherwise, who is not a member in good standing, or entitled to wear or use the same, under the laws, rules and regulations of such society, lodge, guild or association, fraternal or otherwise.

History.-Laws 1905, H. R. 121, sec. 1; in force July 1.

Penalty for unlawful use of badge or jewel.

2375n. Any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed Twenty Dollars, or by imprisonment in the county jail for a term not to exceed thirty days, in the discretion of the court.

History.-Laws 1905, H. R. 121, sec. 2; in force July 1.

Female relative or member wear a badge.

23750. Nothing contained in this Act shall be construed to prohibit the mother, wife, sister, daughter or affianced wife of a member in good standing from wearing a badge, insignia, jewel or badge of recognition of the lodge, society, guild or association, fraternal or otherwise, of which the husband, son, brother, father, or affianced husband is a member in good standing. History.-Laws 1905, H. R. 121, sec. 3; in force July 1.

Secs. 2375p to 2375q.

An act to prohibit printers and others from printing or publishing more copies of books, pamphlets, circulars or other publications than ordered by the author, compiler or publisher, and to provide penalties for the violation thereof. Burns's bill to protect authors. 1905, H. R. 200; in force March 25.

Unlawful to print more copies than ordered.

2375p. That it shall be unlawful for any person, firm or corporation who shall enter into contract for the printing, stereotyping, binding or publication of any book, pamphlet, circular or other publication of any character or description, for any author, compiler or publisher to print any greater number of copies of such book, pamphlet, circular or other publication than the number designated by the contract for such publication.

History.-Laws 1905, H. R. 200, sec. 1; in force March 25.

Penalty and liability of act.

2375q. Any person, firm or corporation violating any of the provisions of this act shall on conviction thereof, be fined in any sum not less than Fifty Dollars nor more than Five Hundred Dollars in the discretion of the court, and in addition thereto shall be liable to the author, compiler, publisher or other person with whom such contract was made, for all damages which may accrue by reason of such unlawful publication.

History.-Laws 1905, H. R. 200, sec. 2; in force March 25.

Sec. 2375r. An act to prevent and punish the desecration, mutilation, or improper use of the flag of the United States of America. McClay's flag bill. 1905, H. R. 341; in force April 3.

Unlawful to place advertisement on the flag.

2375r. Any person, who in any manner, for exhibition or display, shall after this act takes effect, place or cause to be placed, any word, figure, mark, picture, design, drawing, or any advertisement of any nature, upon any flag, standard, color or ensign of the United States or state flag of this state or ensign, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which after this act takes effect, shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed, any word, figure, mark, picture, design or drawing, or any advertisement of any nature, or who shall after the first day of September, 1905, expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale, or to give away, or for use for any purpose, any article, or substance, being an article of merchandise, or a receptacle of merchandise or article or thing for carry