SEC. 22: [Same-Inspection.]-The quartermaster general shall cause annually to be inspected the armories of all state property in the possession of the National Guards, and cause to be repaired all such property as he shall find to be damaged. SEC. 23. [Officer's uniform.]--Every commissioned officer shall furnish himself with a complete uniform, such as prescribed for officers in the United States army of the same rank.

SEC. 24. [Uniforms.]-The regulation uniform of the United States army is hereby prescribed for the members of the Nebraska National Guards, and all the uniforms for the members shall be furnished by the state on requisition by the commanding officer of each company accompanied by a sworn statement of the number of men in active service and belonging to his company, shall be made by such commanding officer upon the quartermaster general, who shall furnish such commanding officer with the uniforms.

SEC. 25. [Property in uniforms.]—Every uniform so furnished by the state shall continue to be its property for three years, when it shall become the property of the company, but until such time said uniform shall remain in the company armory or room, or in charge of the commanding officer of such company or some suitable person by him appointed for that purpose, except when worn in the discharge of military duty; and every non-commissioned officer or private who shall neglect to return any property of the state to the officer or person in charge of the armory, when notified by the commanding officer of the company so to do, shall be fined in any sum not exceeding fifty dollars ($50.00), to be prosecuted and collected as in other cases of misdemeanors.

SEC. 26. [Arms, when issued.]-No arms shall be issued to any company until the same is uniformed and properly organized as herein provided and it is hereby made the duty of the adjutant general to collect all arms heretofore issued to persons not now regularly organized as members of the Nebraska National Guards and who do not now preserve any regular organization and who do not uniform themselves and meet for drill and improvement in military science.

SEC. 27. (Adjutant general-Records-Returns.] The adjutant general shall issue all orders of the commander-in-chief and shall keep a record of the proceedings of his office. The records of the brigade and of each regiment, company and band shall be kept by its proper officer in such form as the adjutant general shall prescribe; he shall also furnish all proper blank books, forms and blanks and such military instruction books as the commander-in-chief shall approve, and annually report to the commander-in-chief the condition of the National Guards with a roster of all the commissioned officers and such other matter relating to the National Guards as he may deem expedient, including an itemized statement of the amount of apportionment required by the legislature for his department under the provisions of this act, and on or before the first Monday in January annually make a return of the guard of the state, their arms, accoutrements and ammunition to the president of the United States.

SEC. 28. [Quartermaster general.]-The quartermaster general shall take care of all public property belonging to his department, and annually report to the commander-in-chief on or before the first Monday in December of each year, a complete inventory of such property and the place in which it is deposited with a detailed account of all articles consumed or issued and money expended in his department not previously reported.

SEC. 29. [Surgeon general.]-The surgeon general shall examine and determine the candidate for regimental surgeons and hospital stewards, shall have general supervision and control of all matters pertaining to the medical department of the National Guards prescribed in general orders, the physical and mental disabilities exempting from military duties.

SEC. 30. [Commissary general.]-The commissary general in time of war or insurrection shall procure supplies and subsistence for the troops, and shall report the state of his department to the commander-in-chief on or before the first Monday in December of each year.

SEC. 31. [Bonds of quartermaster and commissary general.]— The quartermaster general and commissary general shall execute all orders given them by the commander-in-chief and shall each execute a bond, with sureties to the state, to be approved by the state treasurer, in the sum of fifteen thousand dollars, conditioned for the faithful performance of the duties of their offices.

SEC. 32. [Inspections.]-When ordered out for inspection, the regiments shall be inspected in accordance with the rules of the United States army by the inspector general, who shall report the quality and condition of the uniforms, arms and equipments of both officers and men, and the other details of his inspection to the adjutant general.

SEC. 33. [Annual reports.]-The commander of each company shall annually in October, make a certified return of the equipments of his command to the commanding officer of his regiment, and like returns of staff officers and regimental bands shall be made by their regimental commanders and of other staff officers by their immediate commanders.

SEC. 34. [Reports after parade.]—The commandant of each company shall, within ten days after each parade or encampment required by law, make return to the regimental commandant, of the state of his company, of all their arms, ammunitions, uniforms and equipments. The commandant of each regiment shall make like returns, together with the roster of its officers, to the brigadier general within twenty days after each encampment or parade, who shall make a like return for the brigade, with a roster of its commanding officers, to the adjutant general, on or before the first day of December, annually. The adjutant general may order from each company such additional returns and muster rolls as he may deem expedient.

SEC. 35. [Board to prepare regulations.] - The commander-in-chief shall appoint a board of five commissioned officers who shall prepare rules and regulations to establish a uniform system for the government of the several organizations, and report the same to the commander-in-chief; when approved by him he shall cause the same to be published by general order, for the information and guidance of the Nebraska National Guards.

SEC. 36. [Pay.]-There shall be paid for each days service in complete uniform, when called out by the commander-in-chief, the same pay, transportation, ration, commutation and forage, as is prescribed by the army regulations of the United States to privates, musicians and officers; Provided, That on parades and encampments authorized by this act, they shall receive transportation and commutation of rations only; Provided, further, That the adjutant general shall receive an annual salary of five hundred dollars; Provided, Nothing in this act shall be construed to authorize the commander-in-chief to call out the Nebraska National Guards for any purpose, except to execute the laws, suppress insurrection, or to repel invasion.

SEC. 37. [Pay rolls.1-Pay rolls for services shall be forwarded in duplicate to the adjutant general within ten days after such services by the company, regiLent, brigade, field and staff officers and bands by their respective commandants with a certificate under oath by such commandants that the person therein named has performed the duty and is entitled to the pay therein specified. The adjutant general shall forward one of such pay rolls, if approved by himself, to the commander-in-chief within ten days thereafter, and if approved shall be certified to the auditor of public accourts.

SEC. 38. [Warrant of auditor.]-The auditor of public accounts is hereby authorized and required, upon presentation of the proper vouchers and pay roll, to draw his warrant on the state general fund and against the appropriation made by the legislature authorized by this act.

SEC. 39. [Fines deducted from pay.]-The commanding officer shall deduct from the pay of any member of his command the amount of all fines, penalties and dues due from such member under the by-laws of such company or any provision of this act.

SEC. 40. [Pay of surgeons.]-Regimental surgeons when not on regular duty with their regiments or officers ordered on special service by the commanderin-chief, shall receive such pay for their services as may be determined by the commander-in-chief.

SEC. 41. [Adjutant general's report.]-The adjutant general shall report to the legislature, on or before the first day of each biennial session thereof, the amount of funds required to pay the officers and men, armory rent, clothing, arms, and equipments, transportation, rations, forage, stationery, and fuel, and the legislature may provide by an appropriation out of the state general fund a sufficient sum of money to meet the requirements of this act.

SEC. 42. [Militia exempt from civil duties.]-The officers and men of the Nebraska National Guards shall be exempt from working on roads and highways and from the payment of any poll tax levied for that purpose, and shall be exempt from sitting on any grand or petit jury within this state while a member of the Nebraska National Guards.

SEC. 43. [Parades.]-The Nebraska National Guards shall parade for drill one day annually in September by company or regiment as ordered by the brigadier general, and the infantry shall encamp for drill four successive days between the tenth day of August and the twentieth day of September by regiment or brigade annually or bi-annually as ordered by the commander-in-chief, but such regiment shall perform such encampment duty at least once in two years.

SEC. 44. [Same.]-The place of such encampment shall be designated by the proper commanding officer, subject to approval by the commander-in-chief. Orders for encampment shall be given at least twenty days prior thereto, and for said parades at least five days prior thereto, by depositing the same in the mail, properly addressed to the person to be notified, or by leaving the same at his usual place of abode, or by reading the same to his respective commands. Each section of artillery shall parade one day in September for drill in its own town, and the commander-in-chief may, at his discretion, order any section of artillery to attend regimental encampment. No member of the Nebraska National Guards shall be exempt or relieved from military duty by membership or service in any fire company.

SEC. 45. [Same-Absences.]-Every company when encamped shall have roll call on the first day at noon, and at tattoo; on the remaining days at reveille, at noon and at tattoo; absence without leave from either of said roll calls, shall be deemed as absence for the entire day, and so reported on the pay roll. The commander of the regiment shall detail officers from his staff, who shall attend the roll calls of the companies, and report to him the names of absentees of such companies, and such report shall be forwarded to the adjutant general.

SEC. 46. [Power of commandant.]-The commanding officer of any encampment or parade may cause those under his command to perform any field or camp duty he shall require, and may put under arrest, during such encampment or parade any member of his command who may disobey a superior officer, or be guilty of disorderly or unmilitary conduct, and any other person who may trespass upon the parade or encampment ground, or molest the orderly discharge of duty by the members of his command; and he shall prohibit the sale of all spirituous and malt liquors within one mile of such parade or encampment.

SEC. 47. [Target practice-Conduct of commandant.]-The brigadier general shall direct such target practice at the annual parade or encampment, as he may deem expedient, and shall attend such encampment and report the conduct and discipline thereof to the commander-in-chief, who, if he shall judge that such encampment has been prejudicial to good morals or military discipline in any regiment shall not permit another encampment of such regiment until its commanding officer has resigned or been removed.

SEC. 48. [Requisition for encampments.]-The commanding officer of each encampment shall make a requisition on the quartermaster general at least ten days prior thereto for the necessary transportation, tents, blankets, camp

equipage and supplies therefor, and if approved by the adjutant general, shall furnish the same.

SEC. 49. [Company drills-Inspections.]--The commandant of each regiment may order semi-monthly, evening drills by any company of his command from October to April inclusive, of not less than one hour each, and shall inspect at least one evening drill of each company during said period, or detail a field officer for such inspection. The officer making such inspection shall receive his necessary traveling expenses, to be paid upon certified vouchers of the proper officer, approved by the adjutant general.

SEC. 50. [General discipline Court martial.]-The commander-inchief shall have power to enforce discipline, and may prescribe all needful rules and regulations to maintain order and discipline among the officers and men of the State National Guards by general orders issued by him to the several commands, and to enforce the same may order courts of inquiry and courts martial under a regulation as to the formation of and power of said courts and mode of procedure in the trial of offenses against the military law of the state, and detail as to the carrying into effect the finding and judgments of said courts; Provided, That the courts organized by virtue of this act shall not have power to fine or imprison any officer or soldier for any crime committed by him punishable by criminal procedure under the laws of this state.

SEC. 51. [Officers may arrest offenders.]-Any commissioned officer of the several commands shall have the ordinary powers of a sheriff to arrest any officer or enlisted man for the commission of any crime punishable under the laws of the state, while on any duty authorized by this act, and may proceed against any such offender by information or complaint before any court of law having cognizance of such offense, and may call to his aid as many of his men as may be necessary to make such arrest.

SEC. 52. Limit of appropriations.]-In no case shall the appropriations for carrying out the provisions of this act exceed five thousand dollars for the first year, and two thousand five hundred for each suce ding year, until otherwise provided by law.

SEC. 53. [Repealed chap. 43, G. S. 470.]

CHAPTER 57.-MILLS AND MILL-DAMS.

SECTION 1. [Ad quod damnum-Application for writ.] If any person, desiring to erect a dam across any water-course for the purpose of building a water grist, saw, carding, or fulling mill, or of erecting any machinery to be propelled by water, be the owner of the lands on which he desires to build such mill or erect such machinery, on one side of such water-course and not of the lands on the opposite side against or upon which he would abut his dam; or, if any person be the owner of the lands, on which he desires to erect any such mill or machinery on both sides of such water-course; or, if any person shall have erected such mill and mill-dam on his own lands, he may file a petition for leave. to build or continue such mill-dam and for a writ of ad quod damnum in the district court of the county where such lands lie, against the owners or proprietors of the lands above and below such dam, which are, or probably will be, overflowed or injured thereby, or against or upon which he may desire to abut his dam.

SEC. 2. [Petition.--The plaintiff shall set forth in his petition, as near as may be, the place where such dam is built, or proposed to be built, the height or proposed height of such dam, the kind of mill built or proposed to be built, his title to the lands whereon he has erected or proposes to erect such mill or machinery, whether legal or equitable, and shall describe with certainty the lands above and below such dam, the property of others which are, or will probably be over

NOTE. "An act relating to mills and mill-dams." G. S. 472. Took effect Feb. 26, 1873. In proceedings under this act, where A in good faith commenced the erection of a mill, of which B had notice, and to which he made no objection, he cannot, after A has expended a considerable sum on his mill, enjoin him from erecting a dam, the effect of which would be to flow the water back on an unoccupied mill site owned by B. 10 Neb. 465.

flowed or injured as aforesaid, and shall give the name of the owner of each tract, or, if the name of any such owner be unknown, the plaintiff shall so state in his petition.

SEC. 3. [Writ-Notice to defendants.]-The court may thereupon order the clerk to issue the writ, directed to the sheriff, commanding him to make out a list of twenty-four disinterested freeholders of the county and return the same to the clerk of said court forthwith; and to notify each of the defendants, if found within the county, that the plaintiff, naming him, has filed his petition against the defendants, naming them, in said court, for leave to build or continue his milldam at the place stated in the petition, to be set forth in said writ and notice, and that a writ of ad quod damnum has been granted by such court, and of the day and term when the same was granted, and that they are required to appear at the office of said clerk, on a day and hour to be fixed by the sheriff, and named in said notice, and then and there, in the presence of the said clerk, to strike, alternately with the plaintiff, a jury of inquest; and further commanding said sheriff to summon and impanel the jury so struck to meet on the lands where such dam is built or proposed to be built, on a day and hour to be named by the court, and inserted in the order granting the writ, then and there to inquire and report of the matters to be given them in charge.

SEC. 4. [Same-Service.]-The notice to be served upon the defendants as aforesaid shall be in writing, and shall be served at least ten days before the time fixed for striking the jury, by delivering, a copy to each defendant personally or by leaving such copy at his usual place of residence.

SEC. 5. [Same-By publication.]-If any defendant's name be unknown, or if he be not a resident of the county, the plaintiff may, at the time he brings his petition or at any time thereafter, file with the clerk an affidavit to that effect, and thereupon may obtain service upon such non-resident or unknown defendant by publication. The publication must be made four consecutive weeks in some newspaper printed in the county where the petition is brought, or if no newspaper be printed in such county, then in some newspaper printed in the state and of general circulation in the county. It must notify the defendant of the time when the petition was filed, of the object and purpose thereof, of the place where the dam has been or is proposed to be built, as near as may be, of the term when said petition will stand for hearing, and must contain an accurate description of the lands, owned by such defendant that are likely to be overflowed or injuriously affected, or against or upon which it is proposed to abut such dam, as the case may be. Such publication must be completed at least one term before the final adjudication in the matter.

SEC. 6. [State lands affected.]-Should any of the lands, likely to be overflowed or injured, or upon or against which it is proposed to abut such dam as aforesaid, be public lands of the state, the court may direct the prosecuting attorney to see that the interests of the state are protected, or may appoint some suitable person to act in his stead, who shall be sworn faithfully and impartially to discharge his duties as attorney for the state in the matter, and who shall be paid a fee, not to exceed twenty-five dollars, to be taxed as costs of the plaintiff.

SEC. 7. [Jury of inquest.]—On the day fixed for striking the jury as aforesaid, the plaintiff and defendants or their agent or attorney, shall alternately in the presence of the clerk, strike out one name from said list of twenty-four, until but twelve remain, and such twelve shall be the jury, and the clerk shall certify their names to the sheriff. Should the defendants fail to appear, or should they refuse or fail to strike, or if they are unable to agree on any name or names to be struck from said list, in their turn, the clerk shall strike in their stead.

SEC. 8. [Same-Duties.]-The jury so struck shall be summoned and impaneled by the sheriff, and, being sworn faithfully and impartially to inquire and report of the matters to be given them in charge, shall be charged by the sheriff, as the circumstanees of the case may require, substantially as follows: First. To view the land proposed for an abutment and to locate and circumscribe by