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stock; and the person whose property is so damaged thereby, may have a lien upon such trespassing animals, for the full amount of damages and costs, and may enforce the collection of the same by the proper civil action.

SEC. 3. [Notice.j-That when any such stock shall be found upon the cultivated lands of another, it shall be lawful for the owner or person in possession of said lands, to impound said stock, and if the owner of said stock can be found, and is known to the taker-up, it shall be the duty of said taker-up to notify said owner by leaving a written notice at his usual place of residence, with some member of his family over the age of fourteen, or in the absence of such person, by posting a copy of such notice on the door of said residence, of the taking up of said stock, describing it, and stating the amount of damages claimed; also, the name of his arbitrator, and requiring him within forty-eight hours after receiving said notice, to take the said property away, after making full payment of all damages and costs to the satisfaction of said taker-up of trespassing animals. Said notice may be in the following form: Mr. : You are hereby notified that on the day of 18- -, your stock, of which I now have in my possession (here describe the animal or animals)—did trespass upon my land, and damaged the same to the amount of You are required to pay the above charges within forty-eight hours from the delivery of this notice, or the aforesaid stock will be sold, as provided by law. I have appointed Mr. to act as ar

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bitrator should you not feel satisfied with the amount of damages claimed in the within notice. Provided, That no claim for damages shall be maintained by the taker-up without the notice contemplated in this section shall have been given, when the owner is known by the taker-up of such stock.

SEC. 4. [Refusal of owner to appoint arbitrator.]-If the owner of said stock shall refuse, within forty-eight hours after having been notified in writing, to pay said damages claimed, or appoint an arbitrator to represent his interest, said animal or animals shall be sold upon execution as required by law, when said amount of damages and costs have been filed with any justice of the peace of the county within which said damages may have been sustained.

SEC. 5. [Arbitrators.]—In case the parties interested can not agree as to the amount of damages and costs sustained, each party may choose a man, and, in case the two men chosen cannot agree, they shall choose a third man, who, after being duly sworn for the purpose herein named, the three shall proceed to assess the damages, possessing for that purpose the general power of arbitrators.

SEC. 6. [Award.]-The said arbitrator or arbitrators shall made [make] an award in writing, which, if not paid within five days after the award has been made, may be filed with any justice of the peace in the same county, and shall operate as a judgment, which judgment shall be a lien upon the stock so taken up, and execution may issue. upon said stock for the collection of said damages and costs, as in other cases: Provided, That either party may have an appeal from said judgment, as in other cases before justices of the peace. Said arbitrators shall be allowed two dollars each for their services: Provided further, That if before the trial by said arbitrator or arbitrators, the owner of said stock shall tender to the person injured, an amount in lieu of said damage and costs which may have accrued, which shall equal the amount of damage afterward awarded by the arbitrators, court or jury, or shall affirm [offer in] writing, to confess judgment for the same, and if, notwithstanding the said injured person refusing said offer, cause the trial to proceed, he shall pay costs and necessarily the damage awarded. [Amended, 1875, 186.]

SEC. 7. [Estrays.]-In case the owner of said stock is not known or found in said county, as herein set forth, the taker-up of said stock so trespassing up

SEC. 3.-The notice must be given within a reasonable time. As to what is a reasonable time derends on the circumstances of each case. 6 Neb. 271. A notice was signed by the taker-up as follows: "This is to notify you that I did, on Saturday, Nov. 7, 1874, take up one hog belonging to you, on section 4, east 12 of 8. e. of said section. I am damaged to the amount of $3.00. I do hereby appoint E. B. Smith and A. M. Smith as arbitrators to appraise said damages if you do not see fit to pay the same with costs." It was served on the owner Nov. 10, 1874. Held sufficient to give the taker-up a lien on the property. 6 Neb. 273.

on cultivated lands, shall, in such cases, proceed as provided by law regulating estrays, and the stock shall be held liable for all damages and costs.

SEC. 8. [Cultivated lands.]-That cultivated lands, within the meaning of this act, shall include all forest trees, fruit trees, and hedge-rows planted on said lands, also all lands surrounded by a plowed strip, not less than one rod in width, which strip shall be plowed at least once a year. [Amended Feb. 28. Took effect June 1, 1881.]

SEC. 9. [Exception.]—It shall be unlawful for any stock to run at large upon the lands designated in sections seven and eight of this act, at any season of the year, except as exempted by section ten of this act; Provided, That the operations of this act shall not extend to the counties of Dakota, Dixon and Cedar; Provided further, That it is the intention of this act to extend all the provisions of the original act entitled, "An act to protect cultivated lands from trespass by stock," approved March 8, 1871, to all the territory within this state not specially exempted by the provisions of said original act, and this act. [Amended and took effect Feb. 19, 1877. Laws 1877, 62.]

SEC. 10. [Suspending the law.]-The operation of this law may be suspended within any county in this state, in the manner as hereinafter provided; whenever the qualified voters of any county in this state desire to have the operation of this law suspended, within said county, and a majority of said voters shall apply by petition to the county commissioners of said county, praying for an election to be called for such purpose, it shall be the duty of said county commissioners to submit at the next general or special election, to the qualified voters of said county, a proposition for the suspension of the operation of said law, within said county, which proposition shall be in form as follows: "For suspension of herd law," "Against suspension of herd law." Said proposition shall be written or printed on the ballots of those voting at such election; and if at such election, it shall appear that a majority of the votes cast shall be for such proposition, then the operation of such law shall be suspended within the limits of such county, at the expiration of twenty days from the official canvass of the vote in said county. SEC. 11. [Action against owner.-Nothing herein contained shall be so construed as to prevent any owner of cultivated lands, or fruit and forest trees from maintaining an action for all damages caused by stock which has escaped or been driven away from the premises of the party, thus damaged, against the owner of the stock causing such damage.

SEC. 12. [Sheep and swine.]-That from and after the first day of March, A. D. 1875, sheep and swine shall be restrained from running at large in the state of Nebraska. [1875 § 1, 190.]

SEC. 13. [Damages.]-That all damages to property committed by such stock so running at large, shall be paid by the owner of said stock, and the person whose property is damaged thereby, may have a lien upon said trespassing animal for the full amount of damages and costs, and enforce and collect the same by the proper civil action. [Id. § 2.]

SEC. 14. [Running at large in the night time.]-No cattle, horses, mules, swine, or sheep, shall run at large during the night time, between sunset and sunrise, in the state of Nebraska, and the owner or owners of any such animal shall be liable in an action for damages done during such night time. [1879 § 1,165.]

SEC. 15. [Damages.]-Damages shall be assessed and collected by notice given to owners, and arbitrators chosen, stock sold, judgment awarded; and in case of estrays, as provided in sections 40, 41, 42, 43, 44, 45 and 46, of chapter two, General Statutes entitled "Agriculture." [Id. § 2.]

ARTICLE IV.-MISCELLANEOUS.

DAMAGES TO CULTIVATED LANDS.

SEC. 1. [Penalty.]-That any person or persons who shall go upon or pass

SEC. 9. Two amendments were made to the original section. Laws 1875, pp. 188, 189. The one on page 189 was repealed by Laws 1877, p. 61. The one on page 188 was amended by Laws 1877, p. 62, and is inserted above. SEC. 15. The sections referred to, are sections 2-6 this article.

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. § 3.1

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 cultivation 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, 187.1

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.]

SECTION 1.

CHAPTER 3.-AMENDMENTS TO THE CONSTITUTION.

[Amendments-Proposal-Submission.J-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.

HERDING AND DRIVING STOCK.

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 same 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 1875, 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 (4) 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. [Id. § 4.]

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 resi dent 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.]

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