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intoxicating drinks to any minor, apprentice or servant, under twenty-one years of age, shall forfeit and pay for each offense the sum of twenty-five dollars.
SEC. 9. [Misrepresenting age.]--Any minor, apprentice or servant who shall for the purpose of evading the provisions of the preceding section, falsely represent his age, shall be deemed guilty of misdemeanor and fined for each and every offense not exceeding twenty dollars, or imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the court.
SEC. 10. [Selling to Indian, insane or drunkard.]—Every person so licensed who shall sell any intoxicating liquors to any Indian, insane person, or idiot, or habitual drunkard, shall forfeit and pay for each offense the sum of fifty dollars. SEC. 11. [Disposing without license.]-All persons who shall sell or give away upon any pretext, malt, spirituous, or vinous liquors, or any intoxicating drinks, without having first complied with the provisions of this act, and obtained a license as herein set forth, shall for each offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not to exceed one month in the county jail, and shall be liable in all respects to the public and to individuals, the same as he would have been had he given bonds and obtained license as herein provided; Provided, That any person or persons shall be allowed to sell wine made from grapes grown or raised by said person or persons, on land belonging to or occupied by said person or persons in the state of Nebraska, the same to be sold in quantities not less than one gallon, without procuring the license provided for in this chapter. [Amended 1883, chap. LI.]
SEC. 12. [Same-Hearing before magistrate.]-The magistrate, before whom any complaint is made of a violation of the provisions of the preceding section, shall issue a warrant for the arrest of the offender, and if upon an examination the magistrate shall have reason to believe the party guilty, he shall recognize him to appear at the next term of the district court as in cases of felony. SEC. 13. [Disposing of adulterated liquors.] - Every person licensed, or any other person, who shall intentionally or otherwise, sell or give away, or direct or permit any person or persons in his employ to sell or give away any malt, spirituous, or vinous liquors, which shall be adulterated with strychnine, strontia, sugar of lead, or any other substance, shall forfeit and pay the sum of one hundred dollars for every such offense. An analysis made by a practical chemist shall be deemed competent testimony under the provisions of this section. SEC. 14. [Election days-Sundays.]-Every person who shall sell or give away any malt, spirituous and vinous liquors on the day of any general or special election, or at any time during the first day of the week, commonly called Sunday, shall forfeit and pay for every such offense, the sum of one hundred dollars.
SEO. 15. [Civil damages.]-The person so licensed shall pay all damages that the community or individuals may sustain in consequence of such traffic, he shall support all paupers, widows and orphans, and the expenses of all civil and criminal prosecutions growing out of, or justly attributed to, his traffic in intoxicating drinks; said damages and expenses to be recovered in any court of competent jurisdiction by any civil action on the bond named and required in section 6 of this act, a copy of which, properly authenticated, shall be taken in evidence in any court of justice in this state; and it shall be the duty of the proper clerk to deliver, on demand, such copy to any person who may claim to be injured by such traffic. SEC. 16. [Suit by married woman.]-It shall be lawful for any married woman, or any other person at her request, to institute and maintain, in her own name, a suit on any such bond for all damages sustained by herself and children on account of such traffic, and the money when collected shall be paid over for the use of herself and children.
SEC. 17. [Maintenance of intemperate paupers.]-When any person shall become a county or city charge by reason of intemperance, a suit may be instituted by the proper authorities on the bond of any person licensed under this act, who may have been in the habit of selling or giving intoxicating liquors to the person so becoming a public charge; Provided, That the person against
whom a judgment may be rendered under the provisions hereof, may recover by a similar action a proportionate part of said judgment from any and all persons engaged in said traffic, who have sold or given liquor to such person becoming a public charge, or to any person committing an offense.
SEC. 18. [Trial-Evidence.]-On the trial of any suit under the provisions hereof, the cause or foundation of which shall be the acts done or injuries inflicted by a person under the influence of liquor, it shall only be necessary to sustain the action to prove that the defendant or defendants sold or gave liquor to the person so intoxicated, or under the influence of liquor, whose acts or injuries are complained of, on that day or about that time when said acts were committed or said injuries received; and in an action for damages brought by a married woman, or other person whose support legally devolves upon a person disqualified by intemperance from earning the same, it shall only be necessary to prove that the defendant has given or sold intoxicating drinks to such person during the period of such disqualification.
SEC. 19. [Suits Jurisdiction.]-All suits for damages and expenses arising under this act may be commenced and prosecuted before a justice of the peace, where the damages claimed do not exceed the jurisdiction of said justice, although the penalty in the bond may exceed that amount, and the judgment shall be for the damages proved.
SEC. 23. [Fines Payments Complaining witness.]-All fines and penalties recovered under the provisions of this act shall, when collected, be paid into the proper treasury for the use of the school fund, and the corporate authorities by whom such license was issued shall pay to the complaining witness in such action, out of the general fund of the county or city, an amount equal to onefourth of the sum actually collected and paid over to the school fund as aforesaid.
SEC. 24. [Druggists.]-The county board, under the restrictions contained in section one (1) of this act, may grant permits to druggists to sell liquors for medicinal, mechanical and chemical purposes upon a compliance with all the provisions hereinbefore contained, and subject to all the requirements and penalties contained in this act, except that no license fee shall be required except the cost of issuing said permit.
SEC. 25. [License in cities.]-The corporate authorities of all cities and villages shall have power to license, regulate and prohibit the selling or giving away of any intoxicating, malt, spirituous and vinous, mixed or fermented liquors within the limits of such city or village, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license, not less than five hundred ($500) dollars in villages and cities having not more than 10,000 population, nor less than one thousand ($1,000) dollars in cities of the first class, and cities, having over 10,000 population; Provided, That the city council in cities, or board of trustees in villages, may grant permits to druggists for the sale of liquors for medicinal, mechanical and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance, and subject to the provisions of section 26 of this act: Provided further, That in granting licenses or permits such corporate authorities shall comply with and be governed by all the provisions of this act in regard to granting of licenses, and all the provisions and penalties contained in this act shall be applicable to such licenses and the persons to whom they are granted: Provided, also, That in granting any license the petition therefor shall be sufficient if signed by thirty of the resident freeholders, or if there are less than sixty, a majority of the freeholders of the ward or village where the sale of such liquors is to take place.
SEC. 26. [Druggist's register- Penalty.]—Any druggist to whom a permit may be granted, as contemplated in sections 24 and 25 of this act, shall keep in a book, provided by him for that purpose, a register of all liquors sold or given away by him, which register shall show the dates, kind, quantity, for what purpose and to whom such liquor was sold or given away, which book shall be at all
NOTE.-There are no sections numbered 20, 21 and 22 in the original act.
times open to the inspection of the public; all druggists to whom such permit may be granted shall on the first Monday of January and July of each year file in the office of the clerk of the authorities granting such permits, a report of all entries made in said register as contemplated in this section since his last report, which report shall be subscribed and sworn to as correct by said druggist, and that he has not sold or given away either by himself, clerk or agent, any liquors other than as stated in said report. Any druggist failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, for each and every offense shall be fined in any sum not less than twenty dollars ($20) nor more than one hundred ($100) dollars and be imprisoned in the county jail not less than ten days nor more than thirty days in the discretion of the court.
SEC. 27. [False statements.]-If any one purchasing intoxicating liquors of a person authorized to sell, shall make to such person any false statement regarding the use to which such liquor is intended by the purchaser to be applied, such person so obtaining such liquor shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, forfeit and pay a fine of ten dollars, together with costs of prosecution, or shall stand committed until the same is paid. For the second offense he shall pay a fine of twenty dollars and costs of prosecution, and be imprisoned in the county jail not less than ten days, nor more than thirty days. SEC. 28. [Intoxication-Punishment.--If any person shall be found in a state of intoxication he shall be deemed guilty of a misdemeanor, and any peace officer may, without warrant, and it is hereby made his duty to take such person into custody, and to detain him in some suitable place till an information can be made before a magistrate and a warrant issued in due form, upon which he may be arrested and tried, and, if found guilty, he shall pay a fine of ten dollars and the costs of prosecution, or shall be imprisoned in the county jail not more than thirty days. But the magistrate before whom such person is tried and convicted may remit any portion of such penalty, and order the prisoner to be discharged upon his giving information under oath, stating when, where and of whom he purchased or received the liquor which produced the intoxication, and the name and character of the liquor obtained. In cases arising under this sec tion appeals may be allowed as in cases of ordinary misdemeanor within the jurisdiction of the justices of the peace.
SEC. 29. [Saloons open to view.]-It shall be the duty of all vendors of malt, spirituous, or vinous liquors, under the provisions of this act, to keep the windows and doors of their respective places of business unobstructed by screens, blinds, paint, or other articles, and any person offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $25, or be imprisoned in the county jail not less than ten days, or both, at the discretion of the court, and shall have his license revoked by the same authority granting the same.
SEC. 30. [Acts repealed.]-That chapter 53 of the code of criminal procedure of the general statutes 1873, entitled, "License and sale of liquors," and an act entitled "An act to amend section 575 of chapter 58 of the criminal code," approved February 9, 1875, and an act entitled "An act to regulate the issuance of license for, and the sale of malt, vinous, and spirituous liquors in the state of Nebraska," approved February 25, 1875, be and the same are hereby repealed.
TREATING IN SALOONS.
SEC. 31. [Treating in public place.]-All persons are prohibited from treating or giving away any liquor, beer, wine or intoxicating beverage whatever, purchased and to be drank in any saloon, or other public place where such liquors or beverages are kept for sale. (1881 § 1, chap. 62.]
SEC. 32. [Same-Penalty.]—Any person treating of [or] offering to treat any other person, or accepting, or offering to accept any treat or gift of any intox
SECS. 31-2. "An act to prevent treating in saloons and other public places." Approved Feb. 28. Took effect June 1, 1881. Cited 15 Neb. 156.
icating drink whatever in any saloon or public place where such liquors are kept for sale, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be subject to a fine of ten dollars, or imprisonment in the common jail of the county for ten days, or both at the discretion of the court; and in addition thereto shall pay into said court the sum of fifteen dollars, to be paid to the attorney prosecuting the case if there be one; and if no attorney prosecutes, then to be paid in the school fund of the county in addition to the fine. [Id. § 2.]
SEC. 33. [Sale of liquors prohibited in certain cases.]-That no person shall sell, or expose for sale, give, barter, or otherwise dispose of, in any way or at any place, any spirituous or other liquors, or any article of traffic whatever, at or within the distance of three miles from the place where any religious society or assemblage of people are collected or collecting together for religious worship in any field or woodland; Provided, That nothing in this act shall effect tavern keepers from exercising their calling, nor distillers, manufacturers, or others in prosecuting their regular trades, at their places of business, or any persons disposing of any ordinary articles of provisions, excepting spirituous liquors, residences, nor any person having written permit from the trustees or managers of any such religious society or assemblage, to sell provisions for the supply of persons attending such religious worship, their horses or cattle, such persons acting in conformity to the regulations of said religious assembly and to the laws of the state. [1877 § 1, 6.]
SEC. 34. [Penalty.]--That any person found guilty of committing a breach of the provisions of this act shall forfeit and pay for every such offense, a fine of not less than twenty nor more than one hundred dollars, into the county treasury of the county within which such offense is committed, for the use of the common schools in said county, and any county judge, sheriff, coroner, or justice of the peace, shall, upon view or information and with or without warrant, apprehend any person or persons so offending, and seize all such liquors or other articles of traffic, and the utensils or furniture containing them, and convey them before a justice of the peace or the county judge within the county in which such crime or offense may be committed, and the said county judge or justice of the peace upon complaint, under oath or affirmation of said officer apprehending such offender or any person giving information, shall issue his warrant of arrest, which shall be formally served by the proper officer, and proceed to enquire into the truth of said accusation, and, if found true, shall proceed to bind said offender or offenders in an amount not exceeding five hundred dollars, as he shall deem proper, to answer at the next regular term of the district court, in and for the county in which such offense shall have been committed, to be proceeded with by indictment, the fine and costs to be allotted as in other criminal cases; Provided, however, That if such offender or offenders shall plead guilty, said judge or justice shall affix the penalty and proceed to judgment, and in such case he shall immediately issue execution against the property and body of the defendant or defendants for the fine and costs unless paid or secured; and said defendant or defendants shall not be discharged until said judgment shall be fully paid or secured to be paid. [Id. § 2.]
SEC. 35. [Costs Defendant may recover from prosecutor.]— That in any prosecution against any person or persons for a violation of the provisions of this act, if the defendant or defendants shall be acquitted, he or they shall recover of the person or persons filing the complaint double the amount of his or their costs which said county judge or justice shall award. [Id. § 8.]
CHAPTER 51.-MARKS AND BRANDS.*
SECTION 1. [Record.]-Every person having cattle, hogs, and sheep, shall have a mark or brand, different from the mark or brand of his neighbors, and he
SECS. 33-5. "An act for the prevention of certain immoral practices." Laws 1877, 6. Took effect June 1, 1877. Design of statute stated. 13 Neb. 195.
NOTE.-Chap. XXXIII. R. 8. 253. 1879, 157, quære.
Chap. 39, G. S. 461. Whether this chapter is repealed by the act of
shall deliver to the county clerk a description of his mark or brand, and such clerk shall record the same in a well bound book kept by him for that purpose.
SEC. 2. [Duplicate brands.--No person shall have or adopt a mark or brand previously recorded to another person of the same county, neither shall the county clerk record the same mark or brand to more than one person.
SEC. 3. [Single brands.]-No person shall use more than one mark or brand for his stock, nor use any other than the one recorded.
SEC. 4. [Animals to be branded--Record-Evidence.]-Every person shall mark or brand all his hogs or sheep over six months old, and his cattle over twelve months old, and if any dispute arise about the question of whose any mark or brand may be, the same shall be decided by the record of the county clerk.
SEC. 5. [Recording duplicate brands--Penalty.]-If any person shall wilfully and knowingly have a mark or brand recorded, which is already recorded to another person in the same county, he shall be fined not less than twenty dollars nor more than one hundred dollars.
SEC. 6. [Same--Clerk-Penalty.]-If any county clerk shall record the same mark or brand to more than one person, he shall forfeit and pay, to the use of the county, a fine not exceeding one hundred dollars.
SEC. 7. [Misbranding another's stock-Penalty.]-Every person who shall wilfully and with intent to defraud, misbrand, or mismark any stock not his own, shall forfeit and pay for every such offense not less than twenty dollars nor exceeding one hundred dollars.
SEC. 8. [Altering another's brand-Penalty.]-If any person alter or deface the mark or brand of any other person, for every head of stock whose mark or brand shall be thus altered or defaced, he shall forfeit not exceeding one hundred dollars.
ACT OF 1879.
SEC. 9. [Stock brands-Adoption.]-Any person having cattle, hogs, sheep, horses, mules, or asses, shall have the right to adopt a brand or ear-mark, for the use of which he shall have the exclusive right in the county in which such ear-mark or brand is recorded. [1879 § 1, 157.]
SEC. 10. [Duplicate brands.]-No person shall have or adopt a mark or brand previously recorded to another person of the same county, neither shall the county clerk record the same mark or brand to more than one person. [Id. § 2.] SEC. 11. [Certificate-Record.]--Any person desiring to use any brand or ear-mark, shall make and sign a certificate setting forth a fac-simile and description of the brand and ear mark which he desires to use, and shall file the same for record in the office of the county clerk of said county in which he resides. And any person so desiring may, in the manner, and with like effect as herein provided, record his brand or marks in any county in this state into which his stock is liable to stray; Provided, That such mark or brand has not been heretofore recorded in such county by some other person. [Id. § 3.]
SEC. 12. [Conflicting brands-Committee.]--The authority of decid-ing whether a brand or mark offered for record does or does not conflict with any previously recorded brand or marks, shall be vested in a committee of three, consisting of the county clerk and two respectable stock owners of the county. The twostock owners shall be appointed by the county commissioners, they shall be men of good judgment and experience in brands, and when practicable shall be chosen from those largely interested in cattle. Vacancies occurring in the membership, other than the county clerk, shall be filled by the county commissioners. All brands offered for record shall be submitted before acceptance to this committee. The objection of any two shall reject a brand, It shall be the duty of the county clerk to file all brands offered for record pending the examination, which he shall
SEC. 8. See sec. 63 Criminal Code.
SECS. 9-16. "An act relating to the use of marks and brands on live stock" Laws 1879, 157. Took effect June 1, 1879.