of a misdemeanor, and shall be punished by imprisonment in the county jail not less than thirty nor more than sixty days, or fined not less than one hundred nor more than one thousand dollars, or by both such fine and imprisonment. If any judge of election in any election district shall, without urgent necessity, absent himself from the place of registration or the polls in said district, upon any day of registration or election, whereby less than a majority of all the judges in such election district shall be present during the hours of registration, election, or canvass of ballots, he shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than sixty days or more than six months, or shall be fined not less than five hundred nor more than one thousand dollars, or both.

SEC. 74. [Prosecution of violators of acts.]-It is hereby made the especial duty of the county attorney of any county in this state to immediately prosecute all complaints which may be made of violation of any of the provisions of this chapter, or of the election laws of the state, to final judgment; and the court before which any conviction for such violation shall be had, shall not, in any case, suspend sentence or judgment for more than ten days; but no indictment for such violation shall be brought to trial unless the complainant (if any), if he can be found, shall have at least two days notice, in writing, from the said county attorney, of the day when he intends to try the same.

SEC. 75. [Officers distributing tickets.]-It shall be unlawful for any judge of election, poll clerk, challenger, or person designated, as provided in this chapter to be present at the canvass of any ballots in any district, during the election or canvass of ballots, to have or keep any ballots behind the boxes or within the polling place, or for them or any person or persons within the polling place to electioneer, distribute tickets or ballots, or engage in any political discussion. Any violation of this section shall be a misdemeanor, and shall be punished by imprisonment in the county jail for not less than ten nor more than ninety days, or by a fine of not less than one hundred ($100) nor more than one thousand ($1,000) dollars, or both.

SEO. 76. [Use of liquors.]—Whoever, during the sitting of any board of judges of election in any election district in any city governed by the provisions of this act, whether held for the purpose of registration, revision of registration, reception or canvass of votes, or of making return thereof, shall bring, take, order, or send into, or shall cause to be taken, brought, ordered, or sent into, or shall attempt to bring, take, or send into any place of registration, or revision of registration, or of election, any distilled or spirituous liquors whatever, or shall at any such time and place drink or partake of any such liquor, shall be deemed and held to be guilty of a misdemeanor.

SEC. 77. [Irregularities of notice-Defense.]-Irregularities or defects in the mode of noticing, convening, holding, or conducting an election authorized by law, shall constitute no defense to a prosecution for the violation of the provisions of this chapter.

SEC. 78. [Determination of questions.]-Every act which, by the provisions of this chapter or the general election laws, is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determination of a question submitted to electors to be decided by votes cast at an election.

SEC. 79. [Illegal voting-Bona fides.]-Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any fact tending to show that he honestly believed, upon good reason, that the vote complained of was a lawful one, and the jury may take such facts into consideration in determining whether the acts complained of were willfully done or not.

SEC. 80. [Advertisements.]-The boundaries of all election districts and the location of all places of registration, revision of registration, or pollingplaces shall be publicly advertised on the day preceding the first day of any general registration, or revision of registration, and on each day of registration, re

vision of registration, or day of election, and on such day or days only. The official canvass, immediately upon its completion and declaration by the board of county canvassers, or if municipal election by the city council, shall be publicly advertised for one day only. All advertising provided for in this section shall be done in two daily newspapers only, published in the city, to be designated by the city council; and all matter advertised shall be prepared and furnished the journals in which it is to be inserted free from unnecessary verbiage or repetition; and in the publication of any official canvass all numbers shall be printed in numerals only, and the statement or declaration shall be in tabular form.

SEC. 81. [Expenses-City charge.]-The legal compensation of all judges of election and poll clerks and other officers of election, the cost and expenses of all necessary election notices, posters, maps, advertisements, registers, books, blanks, and stationery, the rent and cost of fitting up, warming, lighting, cleaning, and safe keeping of all places of registration, revision of registration, and polling places, of furnishing, repairing, and carting ballot boxes, and of all supplies of every kind and nature for all elections in any county shall be a city charge, and shall, upon proper certificates and vouchers, be paid in the same manner as by law provided for the payment of other county expenses excepting, however, that the cost and expenses of a municipal election shall be a city charge payable as provided by law.

SEC. 82. [Acts repealed.]-All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

CHAPTER 27.-ESTRAYS.

SECTION 1. [By whom taken up.]-It shall be lawful for any person hold ing land in this state, by deed, title, bond, or lease, for one or more years, and being in possession thereof, to take up any estray horse, mule, or ass, neat cattle, sheep, or swine, found within his enclosed premises at any season of the year; and any estray found around the premises of any lessee or freeholder between the twentieth day of October and the first day of April, may be taken up by such lessee or freeholder; and any horse, mule, or ass, with any portion of harness attached to them, and any oxen, with yoke, that are believed to have estrayed away from their owners, may be taken up by any person at any time. [R. S. 153. G. S. 368.]

SEC. 2. [Record of description.]-It shall be the duty of any person taking up an estray to send a description of the same to the county clerk within ten days after taking it up, and the county clerk shall immediately record the same in a book kept for that purpose, for which he shall receive the sum of twenty-five cents. The person taking up the estray shall, within twenty days thereafter, procure the publication of the description of such animal in any newspaper published within the county.

SEC. 8. [Publication.]-The proprietor of such newspaper shall publish said description for at least five consecutive weeks, and shall receive therefor the sum of three dollars; Provided, That if two or more estrays of the same species shall be taken up by the same person at the same time, they shall be included in the same publication; and in such case the aforesaid publisher shall receive no more than for one of such species, except, where the number so described shall exceed three, he shall receive one dollar for each estray beyond that number included in such publication.

SEC. 4. [Owner may reclaim.]-The owner of an estray may, at any time previous to its sale, reclaim the same on proving said property by oath or otherwise, and paying for the advertisement, and a reasonable compensation for any other necessary expenses incurred by the person taking up said estray.

SEC. 5. [Arbitrators.]—In case the parties cannot agree upon the amount of the expenses incurred, they may each choose a disinterested person to act as arbitrators, and the two chosen may choose a third. The decision of the arbitrators shall be final.

SEC. 6. [Disposition.]-When an estray, if it be a sheep, swine, or calf, under the age of one year, has not been reclaimed within six months after the advertising the same, it shall become the property of the person taking it up,

NOTE.-Chap. XVIII. R. S. 153. Chap. 21. G. S. 368. 10 Neb. 497.

without further proceedings. If the estray be a horse, mule, ass, bull, cow, or steer, over the age of two years, it must be reclaimed within six months from the time it was first advertised. If the estray is an animal over the age of one year, and not over the age of two years, it must be reclaimed within six months from the time it was first advertised. If any estray included in the last two named classes shall not be reclaimed within the time specified respectively, the person taking up the estray shall notify a justice of the peace of the county wherein said estray was taken up, who shall appoint two disinterested persons, and administer to them an oath or affirmation to faithfully and truly appraise said estray, and said persons, upon actual view of said property, shall appraise the same at its true value, and make due return thereof, in writing, to said justice of the peace, who shall appoint a day of sale, and cause notice of the time and place of sale, to be published at least five weeks consecutively before the day of sale, in a newspaper printed in said county and by posting up written or printed notices in three public places in the precinct where the estray is to be sold; and in case there is no newspaper printed in said county, there shall be three additional written or printed notices posted up at the county seat of said county, and on the day appointed said estray shall be sold by said justice to the highest bidder in cash; and the proceeds thereof, after deducting the costs of the proceedings and the expenses of keeping said estray, shall be paid to the county treasurer within ten days after the sale, subject to the order of the owner, provided the owner of said estray shall establish his ownership to the same, to the satisfaction of the county treasurer of said county, within one year from the day of sale; and if said balance is not so claimed within the time so specified, it shall be placed by said treasurer to the credit of the general school fund of said county. SEC. 7. [Place of sale.]—The place of sale shall be at the residence of the person taking up the estray.

SEC. 8. [Price.]-When an estray is sold, it must bring at least two-thirds of the appraised value. In case it does not, the animal shall be re-appraised, and again offered for sale one week after the day appointed for the first sale, and no advertisement shall be necessary for the second sale.

SEC. 9. [No sale, when.]-When the appraisers think that the animal will not bring more than enough to defray the necessary expenses of the sale and advertisement thereof, said sale shall be dispensed with, and the person who took up the animal shall, on the payment of expenses, be the owner thereof.

SEC. 10. [Proceeds of sale.]-The money received from the sale of an estray shall go into the county school fund, all expenses first being paid.

SEC. 11. [Penalties.]—Any person violating section ten of this chapter shall be liable to a fine of not less than twenty dollars nor more than two hundred dollars. SEC. 12. [Appraisal.]-The appraisers of estrays shall estimate the value of the labor, trouble and expense of the person in taking up and keeping an estray-taking into consideration the services rendered by the animal.

SEC. 13. [Fees of appraisers.]-The appraisers of estrays shall receive fifty cents each for each appraisement, but when more than one animal is taken up at any one time by one person, they shall all be appraised as one, and the appraisers shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services the sum of one dollar and fifty cents.

SEC. 14. [Payment of expenses.]—The advertisement, the appraisement, and the services of the justice of the peace, shall be paid by the person taking up the estray, and he shall receive the same, with fifty per cent. additional, from the proceeds of the sale of the estray.

SEC. 15. [Gelding.]-If any horse or mule not gelded, two years old or upwards, shall be found running at large, it shall be lawful for any person to take up such horse or mule, and forthwith give notice to the owner or keeper, if he be known to the taker-up, and if the owner or keeper do not appear within three days thereafter and pay to the said taker-up two dollars as compensation for his trouble, the taker-up shall proceed to advertise said horse or mule, and the same

proceedings shall be had in every respect as herein before provided in cases of estray horses or mules; Provided, That the taker-up, may, after the expiration of twenty days from the time of advertising, geld, or procure to be gelded, the said horse or mule, which shall be done at the risk and expense of the owner.

SEC. 16. [Death of estray.]-Should any animal taken up as an estray die while in possession of the person taking it up, he shall not be liable for the loss unless its death was the result of mistreatment or wilful neglect.

CHAPTER 27 a.-FEEBLE MINDED CHILDREN.*

SECTION 1. [Establishment.]-That there shall be established in the state of Nebraska an institution to be known and designated as the Nebraska Institution for Feeble Minded Youth. [1885, chap. 52.]

SEO, 2. [Object.]-Besides shelter and protection, the prime object of said institution shall be to provide special means of improvement for that unfortunate portion of the community who were born, or by disease have become imbecile or feeble minded, and by a wise and well adapted course of instruction reclaim them from their helpless condition, and, through the development of their intellectual faculties, fit them as far as possible for usefulness in society. To this end there shall be furnished them such agricultural and mechanical education as they may be capable of receiving.

SEC. 3. [Erection of buildings.]-The board of public lands and buildings shall establish such rules and regulations for the government and the management of the institution, and for securing economy, efficiency, and accountability in all its affairs as they may deem expedient, they shall, as soon as practicable after the passage of this act, and before the 1st day of July, 1885, take the necessary steps for the erection and furnishing of suitable buildings for said institution. They shall advertise for plans and specifications of said buildings, and upon their adoption shall at once advertise for sealed proposals for the construction of said buildings in accordance with the plans and specifications adopted by them, and shall require bonds for the faithful completion and performance of all work contracted for, as contemplated in this section.

SEC. 4. [Location.]-Said institution shall be located at or near Beatrice, and within two (2) miles of the corporate limits of said city; Provided, That said city of Beatrice, or the citizens thereof, sball donate and convey to the state not less than forty (40) acres of land, near or through which runs a stream of living water sufficient to afford water supply for said institution, said site to be approved by the board of public lands and building.

SEC. 5. [Officers.]-The board shall appoint a superintendent, who shall be a physician, and before entering upon the discharge of his duties shall give bond to the state of Nebraska in the sum of ten thousand (10,000) dollars, with sureties, to the satisfaction of the board, for the faithful performance of his duties. He shall have control of the institution under direction of the board, and in accordance with the rules and regulations by them established. The board shall, upon the nomination of superintendent, appoint a matron, and shall have power to remove either of them for cause. Al teachers and other employes shall be appointed by the superintendent, with the advice and consent of the board; and may be discharged by him or by the board. The compensation of all officers and employes of said institution shall be fixed by the board.

*An act to establish and endow an Asylum Home for feeble minded children and adults at or near the eity of Beatrice Nebraska, and making appropriation and levy therefor."

FEES.

CH.23

SEC. 6. [Record of inmates.]-The superintendent shall keep a record of the name, date of admission, nativity, residence, age, and sex, the condition on admission, date of discharge, together with the result of treatment and training in each individual case during their residence in the institution, and shall make reports to the governor as requiried by statute. chargeable with all property belonging to the institution, and shall keep a comThe superintendent shall be plete account of all receipts and disbursements authorized by the board.

SEC. 7. [Admissions.]-All imbecile or feeble minded children and youth between the ages of five (5) and eighteen (18) years, who have been resident of the state for the six months that preceded an application for admission, and who are incapable of receiving instruction in common schools, shall be entitled to be received into the institution, maintained and educated at the expense of the state, if in the judgment of the superintendent the applicant is a suitable person to receive its benefits. Persons of greater age, and those not residents of the state, may be admitted if the capacity of the institution will permit, but for all nonresidents or those not resident for the required time a fair rate of compensation shall be paid, to be fixed by the board; no such persons, however, shall be received into the institution to the exclusion or detriment of those for whom it is especially founded.

SEC. 8. [Clothing-Power of county judge.]-Parents, guardians, or those having legal control, sending children or wards to the institution, will be required to provide suitable clothing, and expense of transportation to and from their homes, unless financially unable to do so, in which case, the parents, guardians, or next friend of such children, or any officer of the county or precinct where such children reside, may make application to the county court, and upon a decision by such court that such children are paupers, or are unable to procure suitable clothing or furnish transportation as herein provided, and that they are proper subjects for admission into the institution, an order shall be passed to that effect, and the judge of the county court of the county from which such children are sent, shall certify the same to the superintendent of the institution who shall, if the capacity of the institution will permit, provide necessary clothing and transportation, and charge the same to said county, and present the account to the state auditor, who, thereupon, shall draw upon the county treasurer of said county for the amount so charged to the county; and the said county shall annually assess and collect by tax the amount necessary to pay said order or orders, and if said county shall fail to do so, the district court in said county, shall, on application therefor, compel the same by mandamus. The superintendent shall furnish county judges with blank applications for admission.

SEC. 9. [Appropriation.]--The sum of fifty thousand dollars from the general fund of the state is hereby appropriated for the purpose of constructing and furnishing buildings for use for said institution as provided in this act.

SEC. 10. [Tax.]-In order to create a fund for the support of said institution, there is hereby authorized and shall be made an annual tax levy on the taxable property of the state, not to exceed one-eighth (4) of one mill on the dollar; said fund shall be known as "The Fund of the Institution for the Feeble Minded."

CHAPTER 28.-FEES.

SECTION 1. The salaries and fees of the several officers hereinafter named shall be as follows: [R. S. 157. G. S. 371.]

SEC. 2. [Clerk of the supreme court.]-Docketing each cause, civil or criminal, to be charged in each case but once, seventy-five cents. Issuing