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transmission, and delivery of dispatches for publication or for private use, and shall furthermore forfeit to the county where such business is carried on, for each and every day it so continues in violation of this act, the penal sum of one thousand ($1000) dollars, to be recovered in any court of competent jurisdiction, and it shall be the duty of district attorneys to prosecute such violations of this act at the expense of the respective counties wherein said act is violated.
SEC. 5. [Transmitting dispatches.]-All telegraph companies and associations operating telegraph lines in this state shall transmit and forward all dispatches directed to newspapers, or private individuals, or public officers, with impartiality, in the order in which they are received, and use due diligence in their delivery without discrimination as to any person or party to whom they may be directed.
SEC. 6. [Delay-Penalty.]—Every officer or employe of any telegraph company or association engaged in the transmission of dispatches who shall wilfully delay the transmission or delivery of any dispatch, or divulge the contents of any dispatch entrusted to his or her care, to any person except the party entitled to receive the same, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine of not less than fifty ($50.00) nor more than one hundred ($100) dollars for each offense, or imprisonment of not less than thirty days nor more than three months in the county jail at the discretion of the court.
SEC. 7. [Charges.]-It shall be unlawful for any telegraph company, its agents, or operators, to demand, charge, or receive from any individual, association, or corporation, a greater sum for the transmission and delivery of any telegram or message over a given distance than it demands, charges, or receives for the transmission and delivery of any telegram or message containing an equal number of words over a greater distance, providing that dispatches transmitted during the night and dispatches for publication in newspapers may be forwarded and delivered at reduced rates; such rates must, however, be uniform to all patrons for the same service.
SEC. 8. [Same-Newspapers.]-It shall be unlawful for any telegraph company, association, or organization engaged in the business of forwarding dispatches by telegraph, to demand, collect, or receive from any publisher or proprietor of a newspaper any greater sum for a given service than it demands, charges, or collects from the publisher or proprietor of any other newspaper for a like service, and the violation of the provisions of sections seven and eight of this act by any telegraph company or association shall constitute a misdemeanor, and upon conviction said telegraph company or association shall be fined for each and every offense in any sum not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars with cost of prosecution, and in addition thereto such telegraph company or association shall be liable for all damages sustained by the person or parties in consequence of such discrimination.
SEC. 9. [Equal facilities.-Every telegraph company and every press association engaged in the transmission, collection, distribution, or publication of dispatches, shall afford the same and equal facilities to all publishers of newspapers, and furnish the dispatches collected by them for publication in any given locality to all newspapers there published on the same conditions as to payment and delivery.
SEC. 10. [Same-Penalty.]-Any press association, corporation, or organization violating the foregoing section shall be deemed guilty of a misdemeanor, and upon conviction shall, for each and every offense, be fined in any sum not less than one hundred ($100) nor more than one thousand ($1000) dollars, and in addition thereto such association and the members thereof shall be jointly and severally liable for all damages sustained by the owner of any newspaper in consequence of such discrimination.
SEC. 11. [Refusal to receive and transmit.]-If any telegraph_company, association, or organization engaged in the transmission of telegraph dis
patches from any place in this state, or the person having the control or management thereof, refuse to receive dispatches from any person, corporation, or any other telegraph company, or to transmit the same with fidelity and without unreasonable delay, it shall be guilty of a misdemeanor, and upon conviction shall be fined for each and every offense in the sum of not less than fifty ($50) nor more than one hundred ($100) dollars, and in addition be liable for damages to the person or corporation sustaining a loss by reason of such refusal or failure to so transmit.
SEC. 12. [Non-delivery-Mistakes.]-Any telegraph company engaged in the transmission of telegraphic dispatches is hereby declared to be liable for the non-delivery of dispatches entrusted to its care, and for all mistakes in transmitting messages made by any person in its employ, and for all damages resulting from a failure to perform any other duty required by law, and any such telegraph company shall not be exempted from any such liability by reason of any clause, condition, or agreement contained in its printed blanks.
SEC. 13. [Lines out of order-Duty of operator.]-In all cases where application is made to any telegraph company, or the operator, agent, clerk, or servant thereof, to send a dispatch, it shall be the duty of such operator, agent, or clerk, who may receive dispatches at that station, plainly to inform the applicant, and if required by him to write upon the dispatch that the line is not in working order, or that the dispatches already on hand for transmission will occupy the line, so that the dispatch offered cannot be transmitted within the time required, if the facts be so; and for omitting so to do, or for intentionally giving false information to the applicant in relation to the time within which the dispatch offered may be sent, such operator, agent or clerk, and the company by which he is employed, shall incur a like penalty as in section eleven of this act. CHAPTER 90.-TEN HOUR SYSTEM.*
SECTION 1. Ten hours shall constitute one day's labor, so far as it concerns laborers and mechanics, throughout the state. [R. S. 379.]
CHAPTER 91.-TOWNS AND VILLAGES.
SECTION 1. [Unclaimed lots.]-That all persons who shall be or may become the owners of any equities of title, in and to any town lot or lots, or land within any incorporated town or city in this state, by virtue of which they shall be entitled to demand and receive, from the corporate authorities, a title in fee simple to the same, shall present their claims, and make demand for their deed, within sixty days from the passage of this act, in all those cases where the lot, lots or lands have already been unclaimed for the period of two years; and in all cases of sites of corporate towns or cities, which may be hereafter entered the property shall be claimed and the deed demanded within three years after such entry; Provided, That if any person shall neglect to comply with the terms of this act as aforesaid, the title in and to such realty shall vest in the corporation, as fully, and to all intents and purposes as though conveyed to said town or city by deed of general warranty. [1867 § 1, 94.]
SEC. 2. [Not applicable to tax sales.]--This act shall be construed to apply to rights acquired previous to the entry of the land; and in no case to rights of parties acquired by virtue of any tax sale. [Id. § 2.]
VACATING STREETS AND ALLEYS.
SEC. 3. [Notice.]-Any person seeking to have any street, alley or public grounds, in any town or village, vacated, shall give thirty days notice of the intended application therefor to the county commissioners for the vacation of such street, alley or public grounds, by posting five notices in as many of the most public places within the limits of the said town or village. Such notices shall contain a particular description of the street, alley or public grounds desired to be vacated,
*NOTE.-Chap. LII. R. S. 379.
SECS. 1-2. "An act to provide for the disposition of unclaimed lots entered in trust by corporate authortties." Laws 1867, 94. G. S. 1073. Took effect June 24. 1867.
SECS. 3-6. An act to provide for vacating streets, alleys and public grounds in towns and villages." Laws 1871, 125. G. S. 1074. Took effect Mar. 10, 1871.
and the time at which the application will be made to the county board for the order of vacation. [1871 § 1, 125.]
SEC. 4. [Board of examiners.-Upon the application of any person to the county board for the vacation of any street, alley or public grounds, proving by the oath of two persons that the foregoing section has been complied with, and by giving bond with sufficient security for all costs payable to the county, the board shall appoint three disinterested householders of the town or village, to examine the street, alley or public grounds, and at the next regular meeting of the board report whether in their opinion any injustice or inconvenience will be worked by the vacation of such street, alley or public grounds. The board, upon such report and other testimony presented by the applicant, or others opposing the vacation, shall decide for or against such vacation. [Id. § 2.]
SEC. 5. [Decision.j-The county board, if convinced that no injustice will be worked by any person or persons by such vacation, shall order such vacation, and in all cases they shall cause all expenses arising from the application and the ensuing proceedings to be paid by the party or parties applying for such vacation. [Id. § 3.]
SEC. 6. [Title, in whom vested.-The street, alley or public grounds thus vacated, shall become the property of owners of real estate thereto adjacent, on each side, in proportion to the frontage of such real estate. The county clerk shall make a quit-claim deed, in the name of the county, to the different persons to whom such street, alley or public grounds may inure, signing said deed, and attaching the county seal thereto, and such deed shall convey all the title vested in the county. [Id. § 4.]
SECTION 1. [Description of property.]-Whenever any personal property shall be consigned to, or deposited with, any forwarding merchant, wharf keeper, warehouse keeper, tavern keeper, or the keeper of any depot for the reception and storage of trunks, baggage, and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose, a description of such property, with the date of the reception thereof. SEC. 2. [Notice to owner. If such property shall not have been left with such consignee or bailee for the purpose of being forwarded or otherwise disposed of, according to directions received by such consignee or bailee, at or before the time of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner, by letter to be directed to him and deposited in a postoffice to be transmitted by mail, of the reception of such property.
SEC. 3. [Unclaimed property-Sale.]-In case any such property shall remained unclaimed for three months after its reception as aforesaid, the person having possession thereof shall cause a notice to be published once in each week for four successive weeks, in a newspaper published in the same county, if there be one, and if not, then in some paper published at the seat of government, describing such property, and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.
SEC. 4. [Same-Proceedings before justice.]-In case the owner or person entitled to such property shall not, within three months after the publication of such notice, claim such property and pay the lawful charges thereon, including the expenses of such publication, the person having possession of the property, his agent or attorney, may make and deliver to any justice of the peace of the same county an affidavit, setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of such property is known or unknown.
NOTE.-Chap. LIV. R. 8. 389. Chap. 82, G. S. 1075
SEC. 5. [Same.]-Upon the delivery to him of such affidavit, the justice shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall make and annex to such inventory an order under his hand that the property therein described be sold by the sheriff of the county where the same shall be, at public auction, upon due notice.
SEC. 6. [Notice.]-It shall be the duty of the sheriff receiving such inventory and order, to give ten days notice of the sale by posting up written notices thereof in three public places in the county or city, and to sell such property at public auction for the highest price he can obtain therefor.
SEC. 7. [Sheriff's return.]-Upon completing the sale, the sheriff making the same shall endorse upon the order aforesaid a return of his proceedings upon such order, and the proceeds of the sale after deducting his fees, which shall be the same as upon an execution.
SEC. 8. [Expenses.]-From the proceeds of such sale the justice shall pay the charges and expenses legally incurred in respect to such property, or a rateable proportion to each claimant if there be not sufficient to pay the whole; and such justice shall ascertain and determine the amount of such charges in a summary manner, and shall be entitled to three dollars for each days services rendered by him in such proceeding.
SEC. 9. [Avails Disposition.]-Such justice shall deliver to the treasurer of the county in which the property was sold, the affidavit, inventory, and order of sale and return hereinbefore mentioned, together with a statement of the charges and expenses incurred in respect to such property as ascertained and paid by him, with a statement of his own fees, and shall at the same time pay over to such treasurer any balance of the proceeds of the sale remaining after payment of such charges, expenses, and fees.
SEC. 10. [Duties of treasurer.]-The treasurer shall file in his office, and safely keep all the papers so delivered to him, and make a proper entry of the payment to him of any moneys arising from such sale, in the books of his office.
SEC. 11. [Money paid to owner.--If the owner of the property sold, or his legal representatives, shall, at any time within five years after such moneys shall have been deposited in the county treasury, furnish satisfactory evidence of the ownership of such property, he or they shall be entitled to receive from such treasurer the amount deposited with him.
SEC. 12. [Money paid to school fund.]-If the amount so deposited with any county treasurer shall not be paid to such owner, or his legal representatives, within the said five years, such county treasurer shall pay such amount into the school fund of the proper county, to be appropriated for the support of schools. receipts-Negotiable-Lien-Record.-Any
SEC. 13. [Warehouse packer of pork or beef, or any manufacturer of distilled spirits, having a warehouse for the storage of his own product; and any keeper of an elevator where he stores his own grain, may issue receipts for his own meats, spirits, or grain which he actually has so stored, in the usual form of warehouse receipts, which shall have the same force and effect as the receipts issued by the keeper of a public warehouse, to parties having property so stored therein, which receipts shall be negotiable by endorsement, and entitle the bona fide holder thereof advancing money upon the credit of the same to a lien upon the property so stored and described therein for the money so advanced, as to all subsequent purchasers and creditors of any person interested therein from the issue of such receipts and the advance of such money; Provided, The said receipts, or a copy thereof verified by the oath of the holder of the same, be recorded in the office of the county clerk of the county in which such warehouse or elevator may be. [1879 § 1, 73.]
SEC. 14. [Same-Fraudulent-Penalty.]-If any person described in the preceding section shall execute and deliver, or cause to be executed and delivered to any other person, false, fraudulent or fictitious warehouse receipts, ac
SECS. 13-14. "An act to provide and regulate the liens of warehouse receipts under certain circumstances." Laws 1879, 73. Took effect June 1, 1879.
knowledgment, or other instrument in writing to the effect that he had in store in his warehouse or elevator, meats, spirits or grain, whereas in fact he has not the same so stored, according to the purport or effect of said receipt, acknowledgment or writing; or, having issued his receipt therefor, as in the preceding section provided, shall remove the property described in such receipt without having first discharged the lien in said section provided, or without the written consent of the holder of such receipt endorsed thereon, with interest [intent] to deceive, or defraud, or injure any person whomsoever; or if any person shall endorse, assign, transfer or deliver to any other person any such false or fraudulent receipt, acknowledgment or instrument in writing, knowing the sam: to be false, fraudulent or fictitious, with the like interest [intent], such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment at hard labor for a term not more than three years, nor less than one year. [Id. § 2.]
SECTION 1. [Warrants, when payable.]-All warrants upon the state treasurer, the treasurer of any county, or any municipal corporation therein, shall be paid in the order of their presentation therefor. [1871 § 1, 113. G. S. § 1, 891.]
SEC. 2. [Warrant register.]-The treasurer of this state, and the treasurer of every county and every incorporated city or town therein, shall keep a warrant register, which register shall show, in columns arranged for that purpose, the number, date and amount of each warrant presented and registered as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed, as hereinafter provided."
SEC. 3. [Warrant-Registration-Endorsement.]-It shall be the duty of every such treasurer, upon the payment of a fee of ten cents by the holder of any warrant, or by any person presenting the same for registration, in presence of such person, to enter such warrant in his warrant register," for payment in the order of presenting for registration, and upon every warrant so registered, he shall endorse "registered for payment," with the date of such registration, and shall sign such endorsement; Provided, That nothing in this act shall be construed to require the holder of any warrant to register the same, but such warrant may be presented for payment and endorsed, "presented and not paid for want of funds," and shall draw interest from the date of such presentation, as now provided by law.
SEC. 4. [Separate package for each warrant-Notice.]-It shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for the payment of such warrant is received to the credit of the particular fund upon which the same is drawn, such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is registered, and interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of the mailing of such notice upon such sealed package.
SEC. 5. [Treasurer's receipts for money paid.]-The state treasurer shall make triplicate receipts, under the seal of his office, for all sums which shall be paid into the treasury, showing the amount paid in to the credit of each separate fund, in cash and in warrants separately, two of which receipts he shall deliver to the person making such payment, and the person making such payment
SECS. 1-12. "An act to prescribe the duties of the state treasurer, of the treasurer of counties and of other municipal corporations in certain cases, and to enforce their performance." Laws 1871, 113. Took offect May 1, 1871. Chap. 65, G. S. 891. Sec. 1, cited 10 Neb. 31.