450. SEC. 14. [Remedy not exclusive.]-Any per-Remedy not son who shall hold a lien under the provisions 3 Neb.; 436. 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. Rev. Stat., Gen. Stat., Comp. Stat., SEC. 15. Chapter 35 of the revised statutes Act repealed. of 1866, chapter 42 of the general statutes of 257. 1873, and an act entitled "An act to amend 466. chapter 42 of the general statutes entitled Me- 343. chanics' Liens," approved Feb. 28, 1881, being article I, of chapter 54, of the compiled statute of 1881, and all acts and parts of acts in conflict with this act are hereby repealed. Providing, That such repeal shall not in any manner affect any rights heretofore acquired under any law of this state. clause. SEC. 16. Whereas an emergency exists there- Emergency for this act shall take effect and be in force from and after its passage. Approved March 4th, A. D. 1885. CHAPTER 63. Pay. Limit of appropriation. AN ACT to amend sections thirty-s1x (36) and fifty-two (52) Be it enacted by the Legislature of the State of SECTION 1. That sections thirty-six (36) and fifty-two (52) of an act entitled "An act to establish a military code for the state of Nebraska," approved February 28, A. D. 1881, be amended so as to read as follows: SEC. 36. The officers and men of the Nebraska National Guard shall receive the following pay for service in uniform: The Adjutant-General shall receive three hundred dollars ($300) per year. All other commissioned officers, while in actual service and on annual parade and encampment, shall receive the same pay and allowance as are provided by the United States army regulations and acts of congress for officers of like grade and rank in the regular army. The non-commissioned officers, privates and musicians shall receive, when called out by the commander-inchief, in actual service, and on parade, encampment and monthly drill, two dollars ($2.00) per day, and commutation of rations; Provided, That they shall not receive commutation of rations at monthly drills. SEC. 52. In no case shall the appropriations for carrying out the provisions of this act ex ceed five thousand ($5,000) dollars for each year, until otherwise provided by law. Comp. Stat., 1883, 247. SEC. 2. Sections thirty-six (36) and fifty-two Act repealed. (52) of said act, as now existing, is hereby 353, 355. repealed. SEC. 3. An emergency existing therefore, Emergency this act shall take effect and be in force from and after its passage. Approved March 7, A. D., 1885. clause. CHAPTER 64. AN ACT to regulate railroad corporations in their transportation of passengers and baggage and to fix a maximum rate of charges, and to provide for a penalty for the violation thereof. Be it enacted by the Legislature of the State of SECTION 1. It shall be unlawful for any railroad corporation operating a railroad east of the 101st meridian in this state to charge, collect, demand, or receive, for the transportation of any passenger, including baggage not exceeding one hundred and fifty pounds in weight, on any train over its line of road, a sum exceeding the rates herein prescribed as follows: Railways to be known as class 'A,' being Passenger those that earn in this state $4,000.00 or upwards per mile per annum gross earnings, three (3) tariff rates. Half-fare rates. Fare paid on train. cents per mile. Railways to be known as class. 'B' being those that earn less than $4,000.00 per mile per annum gross earnings, three and a half (3) cents per mile. Provided, That the gross earnings herein provided shall be construed as the gross earnings per mile from all sources of any railroad corporation, computed upon the main line mileages of the entire system, of such railroad corporation in this state, its branches, extensions, and lines leased or operated. Provided, That the rate per mile from the 101st meridian to the western boundary of the state, shall not exceed 4 cents. SEC. 2. Said railroad corporation shall not charge, collect, demand or receive, within the limits above specified, for the transportation of any child under ten years old in the care or control of any passenger on any train a sum exceeding one-half of the rates prescribed in section one of this act. SEC 3. Nothing herein shall be construed as to prevent any railroad company from adopting the rule that when the fare is paid on the train, the conductor may charge and collect not to exceed twenty-five cents in addition to the regular fare, for which he shall give back to such passenger a conductor's check, which shall be good for the sum so charged at any station on such road, on presentation to the agent of said road. Expelling pas- SEC. 4. It shall be unlawful for any railroad corporation operating a railroad in this state to expel or remove from any coach used for conveying passengers over their line of road, sengers., any person who offers to pay the regular rate of fare not to exceed the maximum rate herein fixed for conveying passengers along the line of said road, provided said persons conduct themselves properly while remaining therein. railway violat defined. SEC. 5. Any railroad corporation violating Penalty fo any of the provisions of this act shall upon ing. conviction thereof forfeit and pay for each offense not less than two hundred dollars nor more than one thousand dollars, such forfeiture to be paid into the the school fund of the county in which such forfeiture is imposed, and shall also be liable to the party injured for all damages he or she sustained thereby. SEC. 6. The term railroad corporation con- Corporation tained in this act, shall be deemed and taken to mean all corporations, companies or individuals, now owning or operating, or which may hereafter own or operate any railway in whole or in part, in this state, and the provisions of this act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railway in this state, (street railways excepted), the same as to railroad corporations hereinbefore mentioned. Approved, March 4, A. D. 1885. |