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over any cultivated or enclosed land in this state, without the consent of the owner or occupant thereof, or who shall do, or whose accompanying dog shall do any damage to or upon said premises, or to any property thereon, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than the amount of damage committed, nor more than double the amount of such damage, and in addition thereto shall be liable to the person suffering such damages, for the amount thereof. [1871, 126. G. S. § 50, 86.]

SEC. 2. [Refusal to depart from another's land.]-Any person or persons who shall enter or go upon any enclosure or cultivated lands, owned or occupied by another, and shall refuse upon request of the owner or occupant thereof to go immediately therefrom, shall for each such refusal be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine not less than five dollars, nor more than fifty dollars, for each offense so committed. [Id. § 2.]

SHADE TREES.

SEC. 3. [Duties of corporate authorities.]-That the corporate authorities of the cities and villages of the state of Nebraska shall cause shade trees to be planted along the streets thereof. [1871 § 1, 51. G. S. 87.]

SEC. 4. [Tax.-For the above purpose a tax of not less than one dollar, nor more than five dollars, in addition to all other taxes, shall be levied upon each lot adjacent to which the trees are to be planted as aforesaid and collected as other taxes. [Id. § 2.]

SEC. 5. [Distance.]-Trees shall be annually planted when practicable on each side of one-fourth of the streets in each city and village in the state of Nebraska, until all shall have shade trees along them not more than twenty feet apart. [Id. § 3.]

SEC. 6. [Same.]-The corporate authorities aforesaid shall provide, by ordinance, the distance from the side of the street that trees shall be planted, and the size thereof. [Id. § 4.]

SEC. 7. [Exemption.]-Provided the owner of any lot or lots may plant trees adjacent thereto where ordered as above in the manner and of the size prescribed, and on making proof thereof by affidavit to the collector, said affidavit shall exempt said owner from the payment of the aforesaid tax. [Id. § 5.]

SEC. 8. [Penalty.]-Any person who shall materially injure or shall destroy the shade tree or trees of another, or permit his animals to injure or destroy them, shall be liable to a fine of not less than five dollars nor more than fifty dollars for each tree thus injured or destroyed, which fine shall be collected on complaint of any person or persons before any court of proper jurisdiction. One-half of all fines thus collected shall be paid to the owner of the trees injured or destroyed; the other half shall be paid into the school fund. [Id. § 6.]

SEC. 9. [Not applicable.]—That this act shall not apply to any person that is occupant of any business lot without his consent. [ld. §7.]

CULTIVATION OF TIMBER.

SEC. 10. [Bounty.]-That when any person shall plant and properly cultivate for the term of five years, six rows of trees, eight feet apart, and the trees four feet apart in the row-along either the north section, or the half section line, running east and west-said rows to be not nearer to the said north section or half section line than four feet or than the south line of any road which may be laid out on said north section or half section line, or when any person shall fill out to the standard above prescribed, and keep the same in a proper state of cultivation for the time above stated, any rows of trees that may previously have

NOTE. This article embraces, 1. "An act to protect owners and occupants of enclosed and cultivated lands from trespass and damage" Laws 1871, 126. G. S. 86. 2. "An act to provide for the planting of shade trees in towns, cities and villages." Laws 1871, 51. G. S. 87. 3. "An act to encourage the growth and culti vation of timber in the state of Nebraska." Laws 1879, 187. The act to encourage the growth of timber and fruit trees (1869, 68, G. S. 88) having been pronounced unconstitutional, 7 Neb. 228, is omitted. 10 Neb. 215. SEC. 8. But see sections 88, 89, 90 and 91, Part III Criminal Code this volume passed subsequent to the above section. And see also as to fines, Constitution, Art. VIII, Sec. 5.

been planted along said north section or said half section line, it shall be the duty of the county commissioners to pay to such person by warrant on the county treasurer, a sum of money, amounting to three dollars and thirty-three cents per acre, for each acre so planted and cultivated, annually, so long as the same is planted and kept growing and in a proper state of cultivation, for a period not to exceed the space of five years, and to an extent not to exceed three acres of land. [1879 § 1, 187.]

SEC. 11. [Duty of assessors.]-It shall be the duty of the assessor of each precinct to make proper examination and report to the county commissioners at the time of his annual report, the condition of all timber so planted and cultivated under the provisions of this act. [Id. § 2.]

CHAPTER 3.-AMENDMENTS TO THE CONSTITUTION.

SECTION 1. [Amendments-Proposal-Submission.-That amendments to the constitution may be proposed by joint resolution in either house of the legislature of this state, and if the same shall be voted for by three-fifths of all the members elected to each of the two houses in the manner provided by section one (1) of article fifteen of the constitution, the amendment or amendments proposed shall be submitted to the electors of this state for adoption or rejection in the manner hereinafter provided. [1877 § 1, 114.]

SEC. 2. [Same-Publication.]-Such amendment, or amendments shall be published in full by the secretary of state in one newspaper in every county in this state in which a newspaper is published, to be designated by the governor, for at least three months before the next election of members of the legislature ensuing the passage of said proposed amendment, with notice prefixed thereto that at said election said proposed amendment or amendments will be submitted to the electors of this state for adoption or rejection.

SEC. 3. [Ballots.]-At such election on the ballot of each elector voting for the proposed amendment or amendments to the constitution shall be written or printed the words: "For proposed amendment to the constitution," and "Against said proposed amendment to the constitution."

SEC. 4. [Election-Notice-Returns.]-Public notice that the proposed amendment or amendments is, or are to be voted upon, shall be given in each county in the same manner as is or may be required by law regulating general elections, and the returns shall be made and the votes canvassed in the same manner and by the same officers as is or may be required by the law in the case of electing the executive officers of the state.

SEC. 5. [Adoption-Proclamation.]—If a majority of the votes cast at the election herein provided for, be for the proposed amendments, the governor, within ten days after the result is ascertained, shall make proclamation, declaring the amendments to be part of the constitution of the state.

SEC. 6. [Enrollment-Preservation.]-Whenever any amendments to the constitution shall have been proposed to, and adopted by the electors of this state, as by this act provided, the same shall be enrolled and numbered in the order of time in which they may be adopted, and preserved by the secretary of state among the public records of his office.

CHAPTER 4.—ANIMALS.

ARTICLE I.-MISCELLANEOUS.

SECTION 1. [Stock-growers and drovers.]-Every person who shall keep neat cattle, horses, mules, sheep, or goats, for their growth or increase with

CHAP. 3. "An act to provide the manner of proposing amendments to the constitution, and submitting the Bame to the electors of this state." Laws 1877, 114.

CHAP. 4. SECS. 1-9. "An act regulating the herding and driving of stock." Laws 1879, 67. Took effect June 1, 1879. This act repeals Laws 1975, 190; Laws 1877, 137; and section 79 criminal code, G. S. 737.

in the state, shall be deemed a stock grower. Any person who shall drive or bring neat cattle into or through this state, shall be deemed a cattle drover. [1879 § 1, 67.]

SEC. 2. [Driving off cattle.]-That any cattle drover, or his employee, who shall drive off any neat cattle, horses, mules, or sheep, belonging to another, intentionally or through neglect, shall, on conviction thereof, by any court of competent jurisdiction, be fined in any sum not more than one hundred (100) dollars for each and every head of cattle, horses, mules or sheep so driven off. [Id. §2.] SEC. 3. [Description and ownership.]-In any indictment or complaint under this act, the description of any kind or class of neat cattle shall be deemed sufficient if described as cattle; and for the purpose of this act the proof of brand shall be deemed to be prima facie evidence of ownership of such stock. [Id. § 3.

SEC. 4. [Male animals not to run at large. That no stallion over the age of eighteen months; nor any Mexican, Texan, or Cherokee bull over the age of ten months, nor any Mexican ram over the age of eight months, shall be permitted to run at large in the state of Nebraska. The owner, or person in charge of such animal or animals as are prohibited from running at large by this section, who shall permit such animal or animals to run at large may be fined for each offense not less than fifty($50) dollars nor more than two hundred ($200) dollars, and it shall be lawful for any person to castrate, or cause to be castrated, any such animal found running at large: Provided, That if any person shall castrate any stallion, bull, or ram, and it shall on proper evidence before any competent court be proven to the satisfaction of said court that such animal was not of a class of stock prohibited from running at large by this act, said person shall be liable for damages to the amount of the value of said animal so castrated, and the costs of suit: Provided, also, That for the purpose of this act that any bull possessing one-half (1) Texan, Mexican, or Cherokee blood shall not be deemed a Texan, Mexican, or Cherokee bull, as the case may be; and any ram possessing one-half Mexican blood shall not be deemed a Mexican ram. [13 Neb. 254.]

SEC. 5. [Injuries by driven cattle.]-Any person owning or having charge of any drove of cattle, horses, or sheep numbering one (1) head or more than that number in any such drove of cattle, horses, or sheep, and shall drive the same into or through any county of Nebraska of which the owner is not a resident, or land owner, or stock grower, and when the land in said county is already occupied by settlers on ranches, it shall be the duty of said owner or person in charge of said horses, cattle, or sheep to prevent the same from mixing with the cattle, horses, or sheep belonging to actual settlers, and also to prevent said drove of cattle from trespassing on such land as may be the property of the actual settler, or may be held by him under a homestead, pre-emption, or a leasehold right, and used by him for the grazing of animals, growing hay, or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops. If any owner or owners or persons in charge of any such drove of cattle, horses, or sheep shall wilfully, carelessly, or negligently injure any resident within the state by driving said drove of cattle, horses, or sheep from the public highways and herding the same on the lands occupied and improved by settlers in possession of the same, it shall constitute a misdemeanor and shall be punished by a fine of of not less than twenty ($20) dollars and not more than one hundred ($100) dollars, at the discretion of the court, and render the owner or owners, or person in charge of the drove of cattle, horses, or sheep liable for such damages as may be done to the property of said settler. [Id. § 5.]

SEC. 6. [Damages.]-When the stock of any person shall be driven off its range within Nebraska against his will by the drovers of any drove, and the same shall be found among such drove, every person engaged as drover of said drove shall be liable for damages to the party injured to the amount of the full value for the animal, for each head so driven off, together with all costs accruing in the trial of said cause, and said herd of stock shall be liable for the same, or a sufficient number to cover all damages and costs. [Id. § 6.]

SEC. 7. [Cattle to be separated.]-When the stock of any resident of the state of Nebraska shall either mix with any drove of any animals it shall be the duty of the drover or drovers, or person in charge of such drove, to cut out and separate such stock from said droves immediately. Every person, either owner or drover, or otherwise connected with said drove, who shall neglect to comply with the provisions of this section shall be fined in any sum not exceeding one thousand ($1,000) dollars. [Id. § 7.]

SEC. 8. [Removal of hides of dead stock.-It shall be unlawful for any person other than the owner or his agent or employee to skin or remove from the carcass the skin, hide or pelt of any neat cattle or sheep found dead, except when such stock is killed by railroad trains, when the employees of such railroads may remove the hides from stock so killed. [Id. § 8.]

SEC. 9. [Rewards.]-The county commissioners of the several counties may offer and pay rewards for the detection of those violating this act. [Id. § 9.]

CONTAGIOUS DISEASES.

SEC. 10. [Diseased cattle.]-That every person shall so restrain his diseased or distempered cattle, or such as are under his care, that they may not go at large; and no person or persons shall drive any diseased or distempered cattle affected with any contagious or infectious disease, into or through this state or from one point thereof to another. Any person or persons offending against this section, shall on conviction thereof before any justice of the peace, forfeit not less than five nor more than twenty-five dollars for every head of such cattle, and be liable for all costs and damages. [1867 § 1, 74. G. S. 89.]

SEC. 11. [Cattle to be impounded.]-Any justice of the peace, upon proof before him, that any cattle are going at large or are driven in or through his county in violation of the preceding section, shall order a constable or sheriff to impound them, and the owner thereof shall be held liable for all costs and damages. [Id. § 2.]

SEC. 12. [Fees of officers.]-The sheriff or constable who may execute the order of any justice of the peace as aforesaid, to impound any such cattle, shall have twenty-five cents per head for the first fifty, and five cents for each additional head, to be paid by the defendant upon conviction thereof, but in case the defendant be discharged, then such costs to be paid by the complainant; and if any officer to whom any order under this law is directed, should fail to execute, he shall forfeit, in case of a failure, a sum not less than one hundred dollars. (Id. $3.1

SEC. 13. [Glanders.]-It shall not be lawful for any person to use, let, sell or permit to run at large any horse, mule or ass diseased with the glanders. Any person violating the provisions of this section shall pay a fine of not less than five nor more than fifty dollars, and shall be liable for all damages. [Id. § 4.]

SEC. 14. [Fines.]-All fines and forfeitures incurred under the provisions of this act shall be recovered by action before any justice of the peace, and all such fines shall be paid into the school fund, in and for the county having jurisdiction of the case. [Id. § 5.]

SEC. 15. Judgment.]—In all cases of conviction under the provisions of this act, the justice shall enter judgment for the fine and costs against the defendant, and may commit him until the judgment is satisfied, or issue execution on the judgment for the use of the common schools of the county. [Id. § 6.]

DESTRUCTION OF ANIMALS BY DOGS.

SEC. 16. [Owners of dogs liable for damages.]-That the owner or owners of a dog or dogs shall be liable in an action for all damages that may accrue to any person or persons by reason of such dog or dogs killing, wounding, worrying or chasing any sheep or other domestic animal belonging to such other

SECS. 10-15. Laws 1867, 74. See also Secs. 75, 76 and 77 Criminal Code, and Secs. 36-39, 60 and 61 this chapter. See also Article II. this chapter.

person or persons; and the damage done may be recovered in any court having jurisdiction of the amount claimed. [1877 § 1, 156.]

SEC. 17. [Joint liability.]—If two or more dogs owned by different persons shall kill, wound, chase or worry any sheep or other domestic animal, such persons shall be jointly and severally liable for all damage done by such dogs. [Id. § 2.]

SEC. 18. [Dog tax.]-The municipal authorities of any county, city, town or township shall have authority by ordinance or resolution, entered at large on the proper journal or record of proceedings of such municipality, to impose a license tax of not more than five dollars for each dog, on the owner or harborer of any dog or dogs, which license tax shall constitute a special fund for the payment of all damages done by dogs within the limits of the body imposing the same, to be paid under such regulations as shall be provided by such ordinance or resolutions. [Id. § 3.]

SEC. 19. [Dogs to be killed.]-Any person shall have the right to kill any dog found doing any damage aforesaid to any sheep or domestic animal, or shall have just and reasonable ground to believe that such dog has been killing wounding, chasing or worrying such sheep or animal, and no action shall be maintained for such killing. [Id. § 4.]

SEC. 20. [Dog collar.]-It shall be the duty of every owner or owners of any dog or dogs to securely place upon the neck of such dog or dogs a good and sufficient collar with a metallic plate thereon, on which shall be plainly inscribed the name of such owner. It shall be lawful for any person to kill any dog found running at large on whose neck there is no collar as aforesaid, and no action shall be maintained for such killing. [Id. § 5.]

SEC. 21. [Who deemed owner.]-Every person who shall harbor about his or her premises a collarless dog, for the space of ten days, shall be taken and held as the owner, and shall be liable for all damage which such dog shall commit. [Id. § 6.]

SEC. 22. [Penalty.]-The owner or owners of any dog or dogs who shall permit the same to run at large for ten days after this act shall take effect, without such collar as hereinbefore described being securely placed upon the neck of such dog or dogs, shall be deemed guilty of a misdemeanor, and fined in any sum not exceeding twenty-five dollars, which when collected shall be paid to the county treasury for the benefit of the school fund of the county in which the fine was imposed. [Id. § 7.]

DEER.

SEC. 23. [Penalty for destruction of deer.]-If any person or persons within the counties of Burt, Washington, Douglas, Sarpy, Cass, Saunders and Dodge shall chase or pursue any deer with any hound or dog, such person or persons on conviction thereof before any court of competent jurisdiction shall pay a fine of twenty dollars or be confined in the county jail for a period of not less than ten nor more than twenty days, at the discretion of the court, and shall pay costs of prosecution. Such fines shall be paid to the school fund of the county in which such offense was committed. [G. S. § 1, 90.]

STATE BOUNTIES FOR WOLVES, WILD CATS AND COYOTES.

SEC. 24. [Bounties.]-That any person killing wolves, wild cats or coyotes within the boundaries of the state of Nebraska, and presenting 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

SECS. 16-22.

"An act to prevent sheep and other domestic animals from being killed by dogs." Laws 1877, 156. Took effect June 1, 1877. SEC. 18. See sec. 69. Subdivision X. Chapter 14.

SEC. 23. "An act to prevent the chasing and destruction of deer by hounds in certain counties of the state of Nebraska.' G. S. 90. Took effect February 27, 1873.

"

SECS. 24-27. "An act to provide for the payment of bounties for the destruction of wild animals in the state of Nebraska." Laws 1877, 213. Took effect June 1, 1877.

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