Secs. 3167a and 3167b. An act to regulate the time consumed in unloading and yarding live stock by stock yard companies or persons. Gould's bill to regulate unloading of stock. 1905, S. F. 276; in force July 1. 3167a. Handle stock expeditiously. It shall be the duty of all persons, corporations or associations engaged in the business of operating a stock yard or yards, in the State of Nebraska, or receiving live stock for the purpose of being fed or sold at said yard, or yards, to handle all live stock tendered at said stock yard, by any railroad company with such expedition that the time consumed in switching and unloading and placing said stock in said yards shall not exceed one and one-half hours from the time of the arrival of the same at the tracks connecting with said yard and tender of the same to said stock yard. History.-Laws 1905, S. F. 276, sec. 1; in force July 1. 3167b. Penalty for violation of act. Any person, corporation, or association, violating the provisions of this Act, shall pay to the owner of said stock two and one-half dollars per car for each one-half hour delay or fraction thereof in excess of the one and one-half hours herein provided for placing said stock in said yard. Said sum to be collected as other debts are collected. History.-Laws 1905, S. F. 276, sec. 2; in force July 1. The affairs of said commission shall be conducted by a game and fish commissioner and such subordinates as are provided for in this act. The Governor is hereby made the game and fish commissioner, and he is required within thirty days from the approval of this act, and every two years thereafter, to appoint two deputy game and fish commissioners, who shall hold office for a term of two years, or until their successors shall have qualified, and who may be removed by the governor at any time for cause. One of said deputies shall be designated as the chief deputy, who shall reside in the City of Lincoln, and who shall, under the direction of the commissioner, devote his entire time to the affairs of this office. One of said deputies shall be skilled in the science of fish culture and shall under the direction of the commissioners have the control and management of all fish hatcheries of the State and the distribution of fish spawn and fry in the waters of the State. Said deputies shall receive compensation as follows: The chief deputy shall receive a salary of one thousand and five hundred ($1,500) dollars per annum, payable quarterly, and the other deputy in charge of state fish hatcheries shall receive a salary of one thousand two hundred ($1,200) dollars per annum, payable quarterly, also their actual traveling and subsistence expenses, not exceeding $500 per year, when absent from their respective homes in the discharge of their official duties. Said commissioner shall also within thirty days from the approval of this act appoint, and may remove at his pleasure, three deputies who shall receive seventy-five ($75.00) dollars per month, payable monthly, for such time only as they shall be actually employed in the discharge of their official duties under the direction of the commissioner. They shall also receive their actual traveling and subsisting expenses not exceeding three hundred ($300.00) dollars per year, while absent from their respective homes in the discharge of their official duties. The commissioner may also at his pleasure in writing appoint for special purposes, deputies who shall serve for such special purposes without compensation such purposes being stated in the written appointment, and who shall have for such purpose the same powers as the deputies hereinbefore mentioned. History. Amended and salary raised 1905, S. F. 60; in force July 1. 3247. Propagation-Exchange of spawn and fry. Nothing in this act shall prevent the commissioner from taking or authorizing the taking from any of the waters of this state, at any time, and in any manner, any fish or spawn belonging to the state for the purpose of propagation or stocking other waters, or exchanging with the fish commissioner of other states or of the United States, but no such fish or spawn shall be taken or used for propagation in or stocking of any private lake except on payment therefor to the commissioner, nor shall anything herein prohibit the purchase, sale, and use of small fry and fish eggs for stocking waters in this state, but no small fry or eggs of fish destructive of trout shall be placed in public waters where trout abound without the consent of the commissioner.* The proceeds of all sales, of such fish, spawn or eggs shall constitute a cash fund subject to use by the commissioner for improvement to the buildings, grounds, or equipment of the state hatcheries. History. All after added 1905, S. F. 78; in force March 28. 3255. When lawful to hunt or fish-Penalty. The open season for deer having horns, and antelopes having horns, shall begin August 15th and end November 15th next ensuing. Wolves, coyotes, foxes, wild cats, skunks, and rabbits may be killed at any time of the year. The open season for prairie chickens, sage chickens, and grouse shall begin September 1st and end November 30th next ensuing, and the open season for quail shall begin November 15th and end November 30th, next ensuing. The open season for wild ducks, geese, brants, cranes and game water fowls shall begin September 1st and end April 15th, next ensuing. The open season on jack snipe, Wilson snipe, and yellow legs shall begin September 1st and end May 15th next ensuing. The open season for wild pigeons, doves, and plover shall begin July 1st. and end August 1st next ensuing. The open season for trout not less than eight inches in length shall begin April 1st. and end October 1st. next ensuing; the open season for bass not less than eight inches in length shall begin April 1st and end October 30th next ensuing, and the open season for all other fish shall begin April 1st and end November 15th next ensuing. Except as otherwise provided by this act, the right given by this section to take or kill game and fish is limited to food purposes, and to ten wild geese or brants and twenty-five game birds of any other variety and twenty-five fish for each person in any one calendar day, and no person shall take, kill, or have in his possession in any one season more than one deer and one antelope; or instead of one deer and one antelope he may either have two deer or two antelopes; nor shall any person have in his possession at any one time more than ten wild geese or brants, fifty ducks and fifty other birds, nor more than fifty fish. Provided, that during the month of September it shall be unlawful for any person to take, kill, or have in its his or their possession more than ten prairie chickens during any one day. No game or fish shall be held in possession by any person for more than five days after the close of the season for killing the same, except as in this act otherwise provided. No game shall be pursued, taken, wounded, or killed in the night, nor with a steel or hard pointed bullet, nor with any weapon other than an ordinary shoulder gun or pistol, nor shall any fish be taken or killed except in the ordinary manner with a line and rod, and the hook or hooks baited with natural or artificial bait; and fishing with lines having more than five hooks thereon, shall not be deemed the ordinary manner of fishing; nor shall any person fish within two hundred feet of any fish way; Provided, that dogs, blinds and decoys may be used for hunting birds. Whoever violates any of the provisions of subdivision six, seven, and eight of this section shali upon conviction thereof pay a fine of $5.00 for each bird or animal unlawfully had in its his or their possession, or be imprisoned in the jail of the proper county for a period not exceeding ten days for each bird or animal unlawfully had in its his or their possession. History. Amended 1905, H. R. 157; in force March 1. cess of law. So far as this section violates this principle it is unconstitutional. McConnell v. McKillip, Neb. 3279. State treasurer collect fees and licenses. -: 99 The State Treasurer shall charge for and collect in advance for services required by this Act, which shall be disposed of as hereinafter provided, viz: for each license to hunt and fish in this State, issued to a non-resident of Nebraska Ten dollars; for each license issued to a resident of this State, One Dollar, provided, that where a non-resident of this State desires to fish only, in this state, then the said Treasurer shall charge but two dollars therefor. History. Amended 1905, S. F. 236; in force April 4. Sec. 3282a. An act to exempt from the provisions of the "New Game Law" beginning with sec. 3235, chap. 2 (entitled Animals, Marks, and Brands), Cobbey's Statutes of Nebraska 1903, down to and including sec. 3282 of same chapter, all boundary streams of the state of Nebraska except so much of such boundary streams as shall be within one hundred feet of the mouths of tributaries thereto. Jones's bill exempting boundary streams. 1905, S. F. 66; in force March 9. 3282a. Game law not applied to boundary streams. That nothing in the act known as the "New Game Law" beginning with Section 3235 Chapter 2 (entitled "Animals, Marks and Brands") Cobbey's Statutes of Nebraska 1903, down to and including Section 3282 of said act shall be so construed as to apply to any boundary stream of the State of Nebraska except so much of such streams as shall be within the distance of one hundred feet from the mouth of any stream of Nebraska tributary thereto. History.-Laws 1905, S. F. 66, sec. 1; in force March 9. 3283 1. In a county in which a bounty on wolf scalps was voted under the act of 1879, the claimant may receive a bounty from the state in addition to that paid by the county, and the county is not entitled to reimbursement from the state. Opinions Atty. Genl. 1902-3, 22. 2. When a wolf scalp is presented to the county clerk, he should take proof upon oath of the animals being killed in the state and if satisfied certify the claim. By issuing a second certificate long after. the first was issued, or by making a certificate bear a future date, the clerk can not prevent the statute of limitations from running under the old act which required it to be presented to the auditor within two years. Opinions Atty. Genl. 1902-3, 103. Secs. 3289a to 3289d. An act to provide for the payment of bounties for the destruction of wild animals in the state of Nebraska. Douglas's bounty bill. 1905, H R. 31; in force July 1. 3289a. Bounty for wild animals. That any person who shall hereafter kill any wolves, wild cats, or coyotes within the boundaries of the state of Nebraska, and present the scalps of the same, with the two ears and face down to the nose, to the county clerk of the county in which the same were killed, with satisfactory proof upon oath that the same were killed within the boundaries of the state of Nebraska, shall be cntitled to the following bounties: For every large gray wolf or buffalo wolf killed, five dollars; for every common prairie wolf or coyote so killed, one dollar and twenty-five cents; for every wild cat so killed, one dollar. Certificates of such bounties, when so allowed, shall be issued by the county clerk to the person entitled thereto, and upon the same being filed with the auditor of public accounts the said auditor shall draw his warrant on the treasury of the state against the general fund, for the amount of such certificate, in favor of the person named therein or his assignee. History-Laws 1905, H. R. 31, sec. 1; in force July 1. 3289b. County clerk receipt for scalps. It shall be the duty of the county clerk to give such persons on receiving said scalps a certificate of the number and kind of such scalps accepted by him for bounty, and deface such scalp by cutting the same in two parts so as to separate the two ears, and shall keep a record of the number and kind by him certified and destroyed. History.-Laws 1905, H. R. 31, sec. 2; in force July 1. 3289c. Application for bounty under oath. All scalps upon which bounties are claimed shall be presented to the clerk of the county in which the animals were taken and killed, and the applicant for bounty will be required by the said clerk to make his statement under oath as to when and where the said animals were taken and killed. History.-Laws 1905, H. R. 31, sec. 3; in force July 1. 3289d. Penalty for bringing in wild animals from other states. Any person driving, baiting, enticing, bringing, or taking any of the animals. mentioned in this act from outside the boundaries of this state, into any organized county thereof, for the purpose of procuring bounties thereon, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, for each and every offense so committed. History.-Laws 1905, H. R. 31, sec. 4; in force July 1. 3505 11. This provision for filing the deed of assignment is mandatory. The fact that the assignor requests a sheriff to withhold such assignment from record is no excuse for such neglect. Huddleson v. Polk, Neb.; 97 N. W. R. 624. 12. Where a deed of assignment is rendered void because of failure to file it within the time here required, and the property of the insolvent is lost to the general creditors and there is no estate to be administered on, it is not necessary that a creditor file his claim as in case of a decedent before bringing suit against the sheriff. The measure of damages is the pro rata share of the creditors with all other creditors who would be titled to participate in the assets of the insolvent had the assignment not been in en 3600. Who entitled to practice in the courts-Penalty. No person shall be admitted to practice as an attorney or counsellor at law, or commence, conduct, or defend any action or proceeding to which he is not a party, either by using or subscribing his own name, or the name of any other person, or by drawing pleadings, or other papers to be signed and filed by a party, in any court of record of this state, unless he has been previously admitted to the bar by order of the Supreme Court of this state. And no such paper shall be received or filed in any action or proceeding unless the same bears the endorsement of some admitted attorney, or is drawn, signed, and presented by a party to the action or proceeding. It is hereby made the duty of the judges of such courts to enforce this prohibition. Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding One Hundred Dollars, |