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. 3. [Statement of 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.

CHAPTER 55.--MEDICINE.

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 reg istration, 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. A person who shall have, at the time this act takes effect, attended one full course of lectures in a legally chartered med cal college or institution having authority to confer the degree of Doctor of Medicine and practiced medicine continuously for three years, the last one year of which practice shall have been in this state; or Third. 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.

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 required 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 th 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.

CHAPTER 56.-MILITIA.

SECTION 1. [Who liable to duty.]-Every able-bodied male citizen of this state, between the ages of eighteen and forty-five years, not expressly exempted by law, and officers of the United States shall be subject to military duty and be designated as the militia. [1881 § 1, chap. 64.]

SEC. 2. [When enrolled.]-When it is necessary to execute the law, suppress insurrection, or repel invasion, or when a requisition is made by the president of the United States for troops, the governor as commander-in-chief, shall, by his proclamation, require the enrollment of the militia of the state, or such portion thereof as may be necessary, in the manner herein provided.

SEC. 3. [Number-Enlistment.]-The active militia shall be designated as the "Nebraska National Guards;" shall be recruited by volunteer enlistment; shall consist of not more than two thousand men, and shall be assigned to regiments and brigades by the commander-in-chief. All enlistments therein shall be for three years, and made by signing enlistment papers presented by the adjutant general and taking the following oath or affirmation, which may be administered by the enlisting officer or any commissioned officer of the rank of captain, to wit:

"You do solemnly swear (or affirm) that you will bear true allegiance to the United States and the state of Nebraska, and that you will support the constitutions thereof, and that you will serve the state of Nebraska faithfully in its military service for the term of three years unless sooner discharged, or you cease to become a citizen thereof, and that you will obey the orders of the commander-in-chief and such officers as may be placed over you, and the laws governing the military forces of NebraskaSo help me God."

SEC. 4. [When liable to duty.]-The Nebraska National Guards heretofore mentioned, shall be liable at all times to be ordered into active service, and shall be first called out by the commander-in-chief on all occasions for military service within the state, in time of war, invasion, riot, rebellion, or reasonable apprehension thereof; or upon requisition of the president of the United States, the commander-in-chief may order out for active service such further portion of the militia as he may deem necessary, or to comply with the requisition of the president of the United States, designating the same by draft, if a sufficient number shall not volunteer, and may organize the same in the manner therein provided for organizing the Nebraska National Guards and commissioned officers therefor, and when so ordered out for service the militia shall be subject to like

NOTE. "An act to establish a military code for the state of Nebraska." Approved Feb. 28. Took effect June 1, 1881.

regulations and services from the state, like compensation as that prescribed for the army of the United States; Provided, that the Nebraska National Guards shall not be called into the service of the United States, but the members thereof are subject to be called into the service of the United States only in the manner herein provided for calling the militia into active service of the United States.

SEC. 5. [Draft.]-In case of a draft the commander-in-chief shall apportion it equitably among the several counties, taking care that the said apportionment shall be equitably made among the several townships or precincts of the counties, in such manner as he may prescribe. He shall, in case of any such draft appoint a time and place of parade, and shall have such other and further power as may be necessary to carry into effect the provisions of this act relative to any such draft.

SEC. 6. [Enrollment.]-The names of all male citizens of this state, between the ages of eighteen and forty-five years shall annually at the time of assessments of property for taxation for county and state purposes, be enrolled alphabetically by the township or precinct assessors of the townships or precincts in which they separately reside. On such enrollment list and opposite the name of every person exempt from military duty, or a minor, or in the active militia, the assessor shall write the word "exempt," and the reason of such exemption, "minor" or "active militia," as the case may be, and shall sign such lists and file them in the offices of the respective county clerks at the time prescribed by law for filing and returning the assessment rolls, and the clerk shall, on or before the first day of August in each year thereafter, make a certified report thereof to the adjutant general.

SEC. 7. [Commander-in-chief.]-The governor shall be commander-inchief of the militia, and may employ it or any part of it in the defense or relief of the state, or any part of its inhabitants or territories, and shall have all the powers necessary to carry into effect the provisions of this act.

SEC. 8. [General staff.]-His staff shall consist of an adjutant general with the rank of brigadier general, a quartermaster general, a surgeon general, a commissary general, each with the rank of a colonel; an assistant adjutant general with the rank of lieutenant colonel; one inspector general with the rank of major; one advocate general with the rank of captain, appointed by him, who shall perform such duties as shall be prescribed by him or assigned to them by general orders of the commander-in-chief.

SEC. 9. [Arms of service-Enlistments-Minors.]-The Nebraska National Guards shall consist of not more than two regiments of infantry, one company of artillery, and two battalions of cavalry, (of not more than three nor less than two companies), and such independent companies and battalions as the good of the service may require. All enlistments shall be for the term of three years, and made by signing duplicate enlistment papers in such form as may be prescribed by the adjutant general, and one to be filed with the records of the company or band to which such enlistment is made. No enlistment shall be allowed other than able-bodied male citizens of this state between the ages of eighteen and forty-five years. In time of peace no minor shall be enlisted without the written consent of his parents or guardian, and no allowance, pay or compensation shall be given by the state to any enlisted man not certified by the surgeon of his regiment to be able-bodied in accordance with the standard prescribed by the surgeon general.

SEC. 10. [Brigade and staff.]-The regiments, battalions and companies shall constitute one brigade under the command of a brigadier general appointed by the commander-in-chief. The said brigadier general shall nominate on his staff a brigade adjutant with the rank of lieutenant colonel, one brigade commissary, and one brigade quartermaster with the rank of major, and two aides-decamp with the rank of captain.

SEC. 11. [Regiment Officers.]--Each regiment shall consist of not more than ten (10) companies and regimental band, with a colonel, a lieutenant colonel

and major. Each colonel shall nominate on his staff one surgeon with the rank of major, one chaplain with the rank of captain, one adjutant with the rank of first lieutenant, one quartermaster with the rank of first lieutenant, one sergeant major, one quartermaster sergeant, one commissary sergeant, one hospital steward, one drum major, and one fife major, and shall issue his warrants for such appointments.

SEC. 12. [Infantry company-Regimental band.]-Each company of infantry shall consist of not more than fifty nor less than forty men, with one captain, one first lieutenant, one second lieutenant, five sergeants, eight corporals, and two musicians to be nominated by the company. Each regimental band shall consist of not more than twenty nor less than twelve members.

SEC. 13. [Artillery company.]-The company of artillery shall consist of such officers and men and be attached to such regiment as the commander-inchief shall order. All meetings for the nominations of commissioned officers shall be ordered by the commander-in-chief under such regulations as to time and place as he may prescribe, due notice thereof to be given by him to the commanders of regiments and battalions, and by them to the respective commands by reading such orders at a meeting of such commands.

SEC. 14. [Officers, how chosen.]-The brigade, regimental and company officers shall be chosen from among the officers and men of the Nebraska National Guards upon recommendation of the respective commands subject to the approval of the governor, who shall issue his warrant of commission to such officers.

SEC. 15. Non-commissioned officers.]-The commandant of each company from its enlisted men shall nominate its sergeants and corporals to the commander of his regiment (on recommendation of the members of each company), who shall issue his warrant of appointment to the person nominated.

SEC. 16. Discharge.]--All persons serving three years consecutively in the Nebraska National Guards are entitled to an honorable discharge.

SEC. 17. [Resignations.]--The resignation of any staff officer shall be made to his immediate commanding officer, and if approved by him, shall be forwarded to the commander-in-chief, who shall accept it and grant an honorable discharge. The resignation of any other commissioned officer shall be made to the commander-in-chief through the respective company, regimental and brigade commanders, who shall indorse their approval or disapproval thereon; Frovided, that the resignation of an officer shall not be accepted while under charges for the commission of any offense.

SEC. 18. [Discharge.]-The commissioned officers, both field, line, and staff, may at his option be honorably discharged after serving three years from the date of the warrant of their appointment.

SEC. 19. [Company by-laws.]--Each company and band may make bylaws for its government, which shall be binding on its members when approved by the commander-in-chief, and all fines and penalties imposed by such by-laws shall be collected as hereinafter provided.

SEC. 20. [Arms, equipments, etc., furnished.]-Upon the organization of any company of the Nebraska National Guards, on the requisition of its commanding officers and the approval of the governor, the quartermaster general shall furnish such company at the expense of the state with suitable arms, armories, ammunition, equipments, colors, camp equipage and transportation from ts armory to the place of parade or encampment; Provided, That when any arms, equipments, colors, or camp equipage are delivered to any commander, he shall execute and deliver to the adjutant general a bond, payable to the state of Nebraska in a sufficient sum and with sufficient sureties, to be approved by the governor, conditioned for the proper use of such arms, equipments, colors and company equipage, and the return of the same, when requested by the proper officers, in good order, wear, usages and unavoidable loss and damage excepted.

SEC. 21. [Armories.]-The armory of each company shall be subject to the orders of the quartermaster general and be under the charge of its commanding officer, who shall keep therein all property furnished the company.