library and reading room for use of the inhabitants of such city or town, and may levy a tax of not more than one mill on the dollar annually, to be levied and collected in like manner as other taxes of said city or town, and to be known as the library fund. [1877 § 1, 150.]

SEC. 2. [Directors.]-When any city or town council shall have decided by ordinance to establish and maintain a public library and reading room under this act, they shall elect a library board of nine directors, to be chosen from the citi zens at large, of which board neither the mayor or any member of the city or town council shall be a member. Such directors, first elected, shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years, from the first day of July following their appointment, and three directors shall be chosen annually thereafter, and in cases of vacancies by resignation, removal, or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as a member of such board, and such directors shall give such bond as the council may require.

SEC. 3. [Same-Powers-Duties.]-Such directors shall, immediately after their appointment, meet and organize, by electing one of their number president, and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations for their own guidance, and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city or town council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting or construction of any library building, the supervision, care, and custody of the grounds, rooms or buildings, constructed, leased or set apart for that purpose.

SEC. 4. [Funds.]-Any tax levied or collected, or funds donated thereto, shall be kept for the use of such library separate and apart from other funds of said city or town, and shall be drawn upon by the proper officers upon the authenticated vouchers of the library board, and shall not be used or disbursed for any other purpose.

SEC. 5. [Board-Powers-Rules.]-The library board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate building, for the use of such library; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appointments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation, and to maintain its usefulness and efficiency, and to fix and impose by general rules, penalties, and forfeitures, for trespasses, or injury upon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

SEC. 6. [Library free.]-Every library and reading room established under this act, shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulations as the library board may adopt to render said library and reading room of the greatest use to the inhabitants of said city or town, and the board may exclude from the use of the library and reading rooms, any person who shall wilfully violate or refuse to comply with rules and regulations established for the government thereof.

SEC. 7. [Report of board.]-The library board shall, on or before the second Monday in June in each year, make a report to the city or town council, of the condition of their trust on the first day of June in such year, showing all moneys received or expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department; the number of books and periodicals ordered by purchase, gift, or obtained dur

ing the year, and the number lost or missing; the number of visitors attending; the number of and character of books loaned or issued, with such statistics, information, and suggestions, as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board.

SEC. 8. [Regulations amended.]-Any by-law or regulation established by the library board, may be amended or annulled by the council of said city or town.

SEC. 9. [Penalties, how recovered.-Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before the police judge, or any justice of the peace, or other court having jurisdiction; such action to be instituted in the name of the "library board of the city or town library," and moneys collected in such action shall be forthwith placed in the city treasury to the credit of the library fund.

SEC. 10. [Donations. Any person may make any donation of money or lands for the benefit of such library, and the title to property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of such city or town.

SEC. 11. Exemptions.—The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property.

SEC. 12. [Deposits of reading matter by owners.-The library board shall have power to authorize any circulating library, reading matter, or work of art, of any private person, association or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked, and kept upon shelves apart from the books of the public city or town library, and every such private or associate library, or other property so deposited in any public library, while so placed or remaining shall be subject to use and reading within the library room without charge by any person, an inhabitant of said city or town, and entitled to the use of the free library.

CHAPTER 50.-LIQUORS.

SECTION 1. [Petition to county board.]-The county board of each county may grant license for the sale of malt, spirituous and vinous liquors, if deemed expedient, upon the application by petition of thirty of the resident freeholders of the town, if the county is under township organization, and if not under township organization, then thirty of the resident freeholders of the precinct where the sale of such liquor is proposed. to take place, setting forth that the applicant is a man of respectable character and standing and a resident of this state, and praying that license may be issued to him. Such application to be filed in the office of the county clerk and upon the payment into the county treasury of such sum as the board may require, not less than five hundred ($500) dollars for each license and upon the compliance with the provisions of this act; Provided, Such board shall not have power to issue any license for the sale of any liquors in any city or incorporated village or within two miles of the same. [1881, chap. 61.]

SEC. 2. [Notice of application.]-No action shall be taken upon said

NOTE.-"An act to regulate the license and sale of malt, spirituous and vinous liquors and to repeal chapter LIII of the code of criminal procedure of the General Statutes of 1873 entitled "License and sale of liquors," and to repeal an act entitled "An act to amend section 575 of chapter 58 of the criminal code," approved February 9th, 1875, and to repeal an act entitled "An act to regulate the issuance of licenses for the sale of malt, vinous and spirituous liquors in the State of Nebraska," approved February 25, 1875." Approved Feb. 28. Took effect June 1, 1881. Decisions under prior laws, 3 Neb. 104. 5 Id. 305, 313, 513. 6 Id. 14, 110, 310. 7 Id. 378. 8 Id. 33, 161. 9 Id. 191, 309. See also 10 Neb. 515

application until at least two weeks notice of the filing of the same has been given by publication in a newspaper published in said county, having the largest circulation therein, or if no newspaper is published in said county, by posting written or printed notices of said application in five of the most public places in the town, precinct, village or city in which the business is to be conducted, when, if there be no objections in writing made and filed to the issuance of said license, and the county board is in session, and all other provisions of this chapter have been fully complied with, it may be granted.

SEC. 3. [Remonstrance.]—If there be any objection, protest or remon strance filed in the office where the application is made against the issuance of said license, the county board shall appoint a day for hearing of said case, and if it shall be satisfactorily proven that the applicant for license has been guilty of the violation of any of the provisions of this act within the space of one year, or if any former license shall have been revoked for any misdemeanor against the laws of this state, then the board shall refuse to issue such license.

SEC. 4. [Hearing-Appeal.]-On the hearing of any case arising under the provisions of the last two sections, any party interested shall have process to compel the attendance of witnesses who shall have the same compensation, as now provided by law in the district court, to be paid by the party calling said witnesses. The testimony on said hearing shall be reduced to writing and filed in the office of application, and if any party feels himself aggrieved by the decison in said case he may appeal therefrom to the district court, and said testimony shall be transmitted to said district court and such appeal shall be decided by the judge of such court upon said evidence alone.

SEC. 5. License-Form.]-The license shall state the time for which it is granted, which shall not exceed one year, the place where the liquor is to be sold, and shall not be transferable; and any license granted under this chapter may be revoked by the authority issuing the same whenever the person licensed shall, upon due proof made, be convicted of a violation of any of the provisions of this act. The license shall be in the following form, as near as practicable.

STATE OF NEBRASKA, County of

ss. To all who shall see these presents:

Know ye, that - having on the day of A. D. 18-,filed his petition and bond according to law and paid into the treasury the sum imposed on him as a vendor of malt, spirituous and vinous liquors, therefore the said is hereby authorized to

sell malt, spirituous and vinous liqours at for - months ending the

day of A. D. 18

day of

have affixed the seal of said Clerk.

[SEAL.] SEC. 6. [Bond.]-No person shall be licensed to sell malt, spirituous or vinous liquors, by any county board, or the authorities of any city or village, unless he shall first give bond in the penal sum of five thousand ($5,000) dollars, payable to the state of Nebraska with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the board who may be authorized to issue the license, conditioned that he will not violate any of the provisions of this act, and that he will pay all damages, fines and penalties and forfeitures which may be adjudged against him under the provisions of this act. The board taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person licensed, or by his agent or servant.,

SEC. 7. [Surety.]-No person who is holden as the principal or surety upon any bond given under the provisions of the preceding section, shall be permitted to become a surety upon any other bond of like character.

SEC. 8. [Selling to minors, etc.]-Every person licensed as herein. provided, who shall give or sell any malt, spirituous and vinous liquors, or any

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.

SEC. 12. [Same-Hearing before magistrate. The magistrate, before whom any complaint is made of a violation of the provisions of the preceding sec tion, 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 so 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 or the week, commonly called Sunday, shall forfeit and pay for every such offense, the sum of one hundred dollars.

SEC. 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.