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at their own cost, so far as to enclose such building, and thereby prevent such waste, provided such work so done after such suspension shall be according to the contract and plan of the owner or owners.
SEC. 6. [Defective title-Lease.]-If the person or persons who may erect as owner or owners, any building described in first section of this chapter be not, at the suspension or completion of the same, possessed of a legal but equitable title to the ground on which the same is erected (if the same be a fixture), and the fact of such defect of title be made to appear to the court before any judgment or judgments under this chapter may have been obtained, or if the same be returned by any legal officer to whom any execution under this chapter shall be directed, in either case the court shall direct the officer who has returned or is authorized by law to serve such executions, to rent or lease such buildings until the rents or issues thereof shall pay and satisfy the several liens on which judgments may be had against the same; Provided, This law shall not be so construed as to interfere with prior bona fide liens, on grounds on which such buildings shall be erected as a fixture.
SEC. 7. [Lease of premises by order of court.]-In all other cases of judgment or judgments obtained in favor of any lien holder or lien holders, if the property bound by such lien will not sell on execution as provided by law in other cases, having been once duly offered, the court before whom such judgment or judgments may be obtained, may direct the officer aforesaid to lease the same in the same manner and for the same purpose pointed out in the preceding section, and the officer giving such lease shall therein require the payment to be made to him or his successors in office, which said successor or successors shall have the same power and perform the same duties therein as the maker of the lease should or could do, and in cases where the money may be collected by said officer on a lease made, it, under this chapter, shall be his duty to forthwith pay the same into the court where the judgment or judgments were obtained, which money shall be distributed to the several lien holders interested in said judgment, in proportion to their several demands.
SEC. 8. [Lien how discharged.]-All liens may be discharged by the payment of debt or judgment with all legal costs before the property on which fiens attach be sold or leased under this chapter, and if any lien holder or lien holders, after the same be duly tendered him or them, shall proceed at law or shall refuse to give a due discharge from such lien, then such lien holder or holders shall forfeit all liens and pay all cost.
SEC. 9. [Owner beyond process.]-If the owner or owners of the property which is subject to a lien under this chapter be without the reach of process, or resident without the state, any lien holders may proceed by attachment against the same as in other cases, and the court before whom such attachment is pending on the entry of judgment on return of the proper officer, shall have the same power to order a lease as is given in the seventh (7) and eighth (8) sections of this chapter.
SEC. 10. [Rights of executors.] Executors and administrators under this chapter shall have the same rights and be subject to the same liabilities that their testators or intestate would or might have if living.
SEC. 11. [Fees of county clerk.]-The county clerks, for filing and recording contracts and accounts under this chapter, shall be paid the same tees that they are legally entitled to in other cases, and the cost of filing and recording such statement or contracts and accounts shall be recovered as part of the costs of enforcing the lien, unless the court shall otherwise order.
SEC. 12. [Release of lien-Penalty.]-Each and every person in favor of whom any such lien has existed after having received satisfaction of his debt, or after final judgment against him by a competent tribunal, showing that nothing is due by reason of such claims, shall at the request of any person interested in
SEC. 7. If a party is prevented from making the account by the wrongful act of the one for whom the labor is performed, he will not lose his lien. 3 Neb. 451.
the property on which the same was a lien, or who is interested in having the lien removed, or if his or their legal representatives, lodge a certificate with said clerk, that said debt is satisfied, and said lien removed, which said certificate shall be filed and recorded by the clerk on the margin of the record in the same manner that releases of mortgages are now by law required to be recorded, and when so recorded shall forever discharge and release said lien, and if such person having received such satisfaction as aforesaid, by himself or attorney, or judgment having been rendered against him as aforesaid, shall not within ten days after request in writing, lodge a notice in writing with the clerk, as is prescribed in this section, he or they neglecting or refusing to do so shall forfeit and pay to the party or parties so agreed, any sum of money not exceeding one-half the debt claimed as a lien on such property according to the circumstances of the case, to be recovered by civil action, and the party lodging such certficate, shall pay to the county clerk the costs of filing and recording the same.
SEC. 13. [Insurance.]-Any lien holder under this chapter who may deem himself in danger of loss or damage by fire, may notify in writing the owner or agent of property subject to such lien to insure the same in reasonable amount against such loss or damage, and if he shall fail or refuse to do so for the space of ten days, then the person or persons having such lien or liens may insure such property in an amount not to exceed two-thirds of the total amount of their liens, and may recover such proportion of the premium paid therefor, as the court shall deem just and proper as part of the costs of enforcing such lien.
SEC. 14. [Remedy not exclusive.]-Any person who shall hold a lien under the provisions of this chapter may, in addition to the remedy herein provided for, proceed by a petition in chancery as in other cases of liens against the owner or owners of, and all other persons interested, either as lien holders or otherwise, in any such house, mill, or manufactory, or other building or appurtenance, in the first section of this chapter mentioned, and the lot or lots of land, on which the same shall stand, and obtain such final decree therein for the rent or sale thereof, as justice and equity may require, anything in this chapter to the contrary notwithstanding.
SEC. 15. [Repealed chap. 42, G. S. 466, and all other acts and parts of acts in conflict with this act.]
ARTICLE II.-LABORERS' LIEN.*
SECTION 1. [Liability of company-Notice of claim.]-That whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons who are or any company which is a contractor on such railroad, canal, viaduct, or bridge, or against any person or persons who are sub-contractors with any person or persons or company contracting with any such railroad, bridge, viaduct or ditching company for the construction of any part of such railroad, bridge, canal, viaduct or ditch of any such company, every such railroad, canal, bridge or ditch company shall be liable to pay such laborer the amount of such claim or demand with ten per cent. interest thereon; Provided, Such laborer shall have given notice within sixty days after the last item of labor shall have been performed, that he or she has such claim or demand. Such notice shall be given in writing and shall specify the peculiar nature and amount of the claim or demand, and shall be delivered to the president or vice president, super
SEC. 14. In an action to foreclose a lien it being alleged that M. out of material furnished by plaintiff erected the building on a lot belonging to L., held by M. under lease, where no summons was served on M., held the court had no jurisdiction to render a judgment against L. & M. and ordering a sale of the premises. 9 Neb. 536. A person who has sold his interest in the premises is not a necessary party to the foreclosure. 3 Neb. 450 *NOTE.-"An act to make railroad, canal, bridge and ditching companies, and companies and persons responsible for material furnished and labor performed in the construction, repair or improvement of any such works, and to secure the laborer and material man a lien for his material furnished and labor performed." Approved Mar. 3. Took effect June 1, 1881.
intendent, agent or the managing director or chief engineer, of any such company, or to the engineer in charge of that portion of the work, or any portion of the railroad, canal, viaduct, bridge or ditch upon which such labor is performed. 1881 § 1, chap. 60.]
SEC. 2. (Lien.]-And when material shall have been furnished, or labor performed in the construction, repair and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such labor and material man contractor or sub-contractor shall have a lien therefor, and the said lien therefor shall extend and attach to the erections, excavations, embankments, bridges, road bed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which including the right of way, shall constitute the excavation, erection or improvement provided for and mentioned in this act. SEC. 8. [Statement or claim-Filing-Continuance of lien.] Every person, whether contractor or sub-contractor, or laborer or material man who wishes to avail himself of the provisions of the foregoing section, shall file with the clerk of the county in which the building, erection, excavation, or other similar improvement, to be charged with the lien is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of the property to be charged with the lien and verified by affidavit, such verified statement or account must be filed by a principal contractor within ninety days, and by a sub-contractor within sixty days, from the date on which the last of the material shall have been furnished, or the last of the labor is performed; but a failure or omission to file the same within the periods last aforesaid, shall not defeat the lien, except against purchasers or incumbrances in good faith without notice, whose rights accrued after the thirty or ninety days, as the case may be, and before any claims for the lien was filed; Provided, That when a lien is claimed upon a railway, the sub-contractor shall have sixty days from the last day of the month in which said labor was done or material furnished, within which to file his claim therefor; and, Provided further, That when any such material is furnished or work done in any unorganized county in this state, such statement of the demand due, verified as aforesaid, may be filed in any county in this state into or through which any such railroad or canal may run, or in the organized counties lying next nearest east of the county where said work was done or material furnished. Provided further, That such lien shall continue for the period of two years, and that any person holding such lien may proceed to obtain a judgment for the amount of his account thereon by civil action; and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied.
SECTION 1. [Who may practice.]-It shall be unlawful for any person to practice medicine, surgery or obstetrics or any of the branches thereof in this state without first having complied with the provisions of this act relating to registration, and no person practicing medicine, surgery or obstetrics, or any part of the branches thereof shall be entitled to registration unless possessed of the qualifications required by section four of this act. [1881 § 1, chap. 63.]
SEC. 2. [Registration.]—It shall be the duty of all persons claiming to be physicians, and intending to practice medicine, surgery or obstetrics in the state of Nebraska, before beginning the practice thereof in any branch thereof, to register as a physician by filing with the county clerk of the county in which he or she resides, or in which he or she intends to practice, a statement in writing under oath or affirmation giving his or her full name, age, place of birth, place of residence, place of business and the time he or she has practiced medicine, and when
NOTE.-"An act to regulate the practice of medicine in the state of Nebraska." Approved Mar. 3. Took
effect June 1, 1881.
and where he or she has so practiced and the time of such practice in each place, and if he or she is or has been a member of any medical society or societies, the name and location of such society or societies, and if he or she is a graduate of any medical college or university, the date of his or her graduation, and the full and true name and location of such college, institution or university. Such statement shall be filed by the county clerk, and by him recorded in a book to be kept for that purpose to be called the "Physician's Register."
SEC. 3. [False statements.]-Whoever shall knowingly make any false statement or statements in the statement mentioned in section 2 of this act shall be deemed guilty of a felony, and upon conviction thereof shall be subject to the same penalties which attach to the crime of perjury under the laws of the state of Nebraska.
SEC. 4. [Qualifications to register.]-No person shall be entitled to registration as a physician or surgeon under the provisions of this act, or to practice medicine, surgery or obstetrics, or any branch thereof in this state, unless he or she shall be possessed of one of the qualifications named in this section as follows: First. A graduate of a legally chartered medical college or institution having authority to grant the degree of "Doctor of Medicine," or Second. Persons who can show documentary evidence that they have passed a satisfactory examination before medical boards of other states created for the purpose of such examination, and all surgeons and assistant surgeons who were commissioned and served as such in the late war of the rebellion; or Third. A person who shall have, at the time this act takes effect, attended one course of lectures in a legally chartered medical college or institution having authority to confer the degree of "Doctor of Medicine" and practiced medicine continually for three years, the last one year of which practice shall have been in this state; or Fourth. A person who shall have been, at the time of the taking effect of this act, engaged in the practice of medicine, surgery, or obstetrics for a livelihood for a period of ten years, the last two years of which practice has been in this state; Provided, That no person not a resident of this state at the time this act takes effect, who has not received the degree of doctor of medicine from a legally chartered medical college or institution having authority to grant the same, shall be admitted to registration under this act, or authorized to practice medicine, surgery or obstetrics in this state. [Amended 1883, chap. LVI.]
SEC. 5. [Physician's register-Clerk's fees.]-It shall be the duty of the county clerk in each county of this state to provide and keep in his said office as a public record, a book to be entitled "The Physician's Register," in which book the clerk shall record the statement named in section two of this act, and properly index the same, and for filing, recording and making transcripts of such statements, the clerk shall be entitled to the same fees as allowed by law for like services as to conveyances of real estate.
SEC. 6. [Removal from county.]-Any person who shall have filed the statement required by section two of this act, in one county, and shall remove to another county, shall, before entering upon the practice of his profession in such last named county, procure a certified copy of the record of his former registry, and cause such transcript to be filed and recorded in the "Physician's Register" of such county in which he has removed.
SEC. 7. Transcripts-Evidence.]--Certified copies of the record of such statements or transcripts, shall be received in evidence in all courts instead of the original statement filed with the county clerk.
SEC. 8. [Effect of act on suitors.]-No person shall recover in any court in this state any sum of money whatever for any medical, surgical or obstetrical services unless he shall have complied with the provisions of this act relating to registration, and is one of the persons authorized by this act to be registered as a physician.
SEC. 9. [Unregistered practitioner-Penalty.]-Any person not possessing the qualifications for the practice of medicine, surgery or obstetrics re
quired by the provisions of section four of this act, or any person who has not complied with the provisions of section two of this act as to registration, who shall engage in the practice of medicine, surgery or obstetrics, or any of the branches thereof in this state, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than twenty dollars, nor more than one hundred dollars and costs of prosecution for each offense, and shall stand committed until such fine and costs are paid.
SEC. 10. [Practitioner defined-Exceptions to act.]-A person shall be regarded as practicing medicine within the meaning of this act who shall publicly profess to be a physician, surgeon or obstetrician, or prescribe for the sick. But nothing in this act shall be constructed to prohibit students from practicing under the supervision of a registered preceptor, or to prohibit gratuitous services in cases of emergency, and this act shall not apply to commissioned surgeons in the United States army and navy.
SEC. 11. [Itinerant drug, etc., vendors-Penalty.]-Any itinerant vendor who has not qualified as hereinbefore provided of any drug, nostrum, ointment or appliance of any kind intended for the treatment of any disease or injury, or who shall by writing, printing, or any other method, except by ordinary professional card or sign, publicly profess to cure or treat disease, injury or deformity, by any drug, or nostrum, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars, or be imprisoned in the county jail for a period of not less than thirty days, nor more than three months, or both in the discretion of the court, for each offense.
SEC. 12. [Dissections lawful.]-That it shall be lawful to carry on dissections of the human body for scientific, educational, and legal purposes within the state of Nebraska under the restrictions hereinafter provided in this act. [1883, § 1, chap. LV.]
SEC. 13. [Paupers.-The bodies of all paupers dying within this state, whose persons are unclaimed after death by any relatives or friends for the purpose of interment, shall be turned over to any legally organized medical college or any physician or surgeon authorized under the laws of this state to practice therein, under the conditions contained in section three of this act. [Id. § 2.]
SEC. 14. [Same.]-Any medical college, through its president, dean, or secretary, or any surgeon authorized to practice in this state, may procure the body or bodies of deceased paupers, whose bodies are unclaimed by relatives or friends for interment, by filing an application therefor, accompanied by a bond in the penal sum of five hundred dollars binding the applicant to procure, convey, and dissect the body or bodies applied for in a manner that shall be private and in no wise shock the sensibilities of the community where such body is procured, conveyed, or dissected, and the applicant shall state in said application that the body or bodies is or are required for scientific investigation, or for educational purposes. Upon making such application to the county clerk of any court [county] in this state where such pauper or paupers may be, and filing such bond with said county clerk, he shall issue his order, under this act, to the properly authorized officer of the county having charge of said pauper's body or bodies, to turn the same over to the party or parties above named, who have made application therefor. [Id. § 3.]
SEC. 15. [Transportation-Penalty.]-No bodies applied for in accordance with the provisions of this act shall be transported or used outside the limits of this state. Any one violating the provisions of this act shall upon conviction thereof before any tribunal authorized to try such offense, be fined not less than one hundred dollars, and not more than three hundred dollars, or shall be imprisoned in the county jail not less than one month nor more than six months. [Id. § 4.]