accused person, shall examine the complainant under oath, respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers, together with every other part of the examination, shall be reduced to writing by the justice of the peace, and if, on such examination, the party accused shall pay or secure to be paid to the complainant, such sum or sums of money or property as she may agree to receive in full satisfaction, and shall further give bonds to the county commissioners of the county in which said complainant shall reside, and their successors in office, conditioned to save such county, free from all charges toward the maintenance of said child, then and in that case the justice shall discharge the party accused out of custody, or [on] his paying the costs of prosecution; Provided, That the agreement aforesaid shall be made or acknowledged by both parties in the presence of the justice, who shall thereupon enter a memorandum of the same upon his docket. [1875, 53.]

SEC. 2. [Suit by commissioners.]-That, when any woman has a bastard child, and neglects to bring a suit for its maintenance, or commences a suit and fails to prosecute to final judgment, the county commissioners in any county interested in the support of any such bastard child, where sufficient security is not offered to save the county from expense, may bring a suit, in behalf of the county, against him who is accused of begetting such child, or may take up and prosecute a suit begun by the mother of the child.

SEC. 3. [Recognizance.]-That in case such accused person does not comply with the provisions in the first section of this act contained, the justice to whom such complaint was made shall bind such persons in a recognizance toappear at the next term of the district court, with sufficient security, in a sum not less than five hundred dollars, nor more than two thousand dollars, for the benefit of the county in which such bastard child shall be born, to answer such accusation, and to abide the order of the court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer such complaint.

SEC. 4. [Renewal of recognizance.]—That if at the time of such court, the woman be not delivered, or be unable to attend, the court shall order the renewal of the bonds of recognizance, that the accused person shall be forthcoming at the next court after the birth of the child, at which the mother of said child shall be able to attend; and the continuance of such bonds shall be entered by order of said court, unless the security shall object thereto, and shall have the same force and effect as a recognizance taken in court for that purpose.

SEC. 5. [Trial-Evidence.]-That when such accused person shall plead not guilty to such charge before the court to which he is recognized, the court shall order the issue to be tried by a jury; and at the trial of such issue the examination before the justice shall be given in evidence, and the mother of the bastard child shall be admitted as a competent witness and her credibility be left to the jury; Provided, always, that no woman shall be admitted as a witness as aforesaid, who has been convicted of any crime which would by law disqualify her from being a witness in any other case; and on the trial of the issue the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also, any variations in her testimony before the justice and that before the jury; and also, any other confession of her, at any time, which does not agree with her testimony, on any other pleas or proofs made and produced on behalf of such accused person.

SEC. 6. [Proceedings if defendant found guilty.]-That in case the jury find the defendant guilty, or such accused person before the trial shall conSEC. 3. Recognizance of reputed father; binding on sureties though not entered on docket of justice. 18 Neb. 540. SEC 5. Evidence of alibi. 6 Neb. 107. Challenges. 16 Neb. 280. Evidence. 11 Neb. 99. 16 Id. 631. 19 Id. 480. 20 Id. 373. Cross-examination of prosecutrix. 19 Neb. 459. Pleadings. 19 Neb. 268. Mere presence of alleged bastard at the trial not improper. 19 Neb. 265.

SEC. 6. Verdict of guilty; judgment. 6 Neb. 309. Costs. 14 Neb. 210. Marriage of parties encouraged, but cannot be enforced or made condition of support of child. 16 Neb. 280,

fess in court that the accusation is true, he shall be judged the reputed father of said child, and shall stand charged with the maintenance thereof in such a sum or sums as the court may order and direct, with payments of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and in case the said reputed father shall neglect or refuse to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the county, to remain till he shall comply with the order of the court.

SEC. 7. [Bail.]-When any defendant to a complaint of bastardy shall have been committed to jail on neglect or refusal to find the security required by the third section of this act, or on failure of such defendant to renew his recognizance as required by the fourth section of this act, it shall be lawful for any judge of the district court, or probate judge within his county, to admit such defendant to bail by recognizing him in such sum and with such securities as such judge shall deem proper, conditioned for the appearance of such defendant before the proper court to answer the complaint made, under which he stands charged; and for taking such bail the said judge may by his special warrant, under his hand, require the sheriff or jailer to bring such defendant before him at the court house of the proper county, at such time as in such warrant the judge may direct; Provided, that in fixing the amount of bail, the judge admitting the same, shall be governed in the amount and quality of bail required by the third section of this act.

SEC. 8. [Warrant for arrest of accused.]-The warrant authorized to be issued by this act, against any accused person, shall authorize and empower the officer to which it is directed, to pursue and take the accused person in any county in this state, and to bring said accused person before the justice who issued said warrant, to answer the complaint made against him. SEC. 9. [Repealed act of 1873, G. S. 404.]

CHAPTER 38.-IMPROVEMENTS ON PUBLIC LANDS.*

SECTION 1. [Sale of improvements.]-All contracts, promises, assumpsits, or undertakings, either written or verbal, which shall be made hereafter in good faith, and without fraud, collusion, or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts. [R. S. 186. G. S. 409.]

SEC. 2. [Deeds.]-All deeds of quit-claim, or other conveyance, of all improvements upon public lands, shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises.

SECTION 1. [Notice--Valuables.]--That hereafter every landlord or keeper of a public inn or hotel in this state, who shall constantly have in his inn or hotel an iron safe in good order, and suitable for the safe custody of money, jewelry, or other valuable articles belonging to his guests or customers, shall keep posted conspicuously at the office and in other public rooms or halls of his inn or hotel, notices to his guests or customers, that they must leave their money, jewelry and other valuables with the landlord, his agent or clerk, for the safe keeping, that he may make safe deposits of the same in the place provided for that purpose. [1875 § 1, 157.]

SEC. 2. [Same-Loss-Liability of landlord.]-That such landlord, hotel or innkeeper as shall comply with the requirements of the first section of

*NOTE.-Chap. XXIX, R. S. 186. Chap. 30, G. S. 409.

SEC. 1. The sale and surrender of a homestead claim on public lands together with improvements thereon, is a good consideration for a promissory note. 7 Neb. 422. 13 Id. 505. SEC. 2. See 2 Neb. 111.

NOTE.-"An act concerning innholders or hotel keepers and their guests." Laws 1875, 157. Took effect Feb. 19, 1875.

this act, shall not be liable for any money, jewelry, or other valuables of gold or silver, or rare or precious stones, that may be lost, if the same is not delivered to said landlord, hotel or innkeeper, his agent or clerk, for deposit, unless such loss shall occur by the hand, or through the negligence of the landlord, or by a clerk or servant employed by him in such hotel or inn; Provided, That nothing herein contained shall apply to such amount of money and valuables as is usual, common and prudent for any such guest to retain in his room or about his person.

SEC. 3. Defrauding landlord-Penalty: Any person who shall put up at any hotel or inn and shall procure any food, entertainment, or accommodation, without paying therefor, except where credit is given by express agreement, with intent to cheat or defraud the owner or keeper thereof out of the pay for the same; or who with intent to cheat or defraud such owner, or keeper out of the pay therefor, shall obtain credit at any hotel or inn for such food, entertainment, or accommodation, by means of any false show of baggage or effects brought thereto; or who shall with such intent remove, or cause to be removed, any baggage or effects from any hotel or inn, while there is a lien existing thereon for the proper charges due from him for fare and board furnished therein, shall be punished by imprisonment not exceeding three months, or by a fine not exceeding one hundred dollars.

SEC. 4. [Fire Escapes.]-It is hereby made the duty of every keeper or owner of every hotel or lodging house in this state, of over two stories in height, to provide and securely fasten in every lodging room above the second story, which has an outside window and is used for the accommodation of guests or employes, a rope or rope ladder for the escape of the lodgers therein, in case of fire, of at least one inch in diameter, which shall be securely fastened within such room, as near a window as practicable, and of sufficient length to reach therefrom to the ground on the outside of such hotel or lodging house, and made of strong material and as secure against becoming inflamed as practicable. Such rope or rope ladder shall be kept in good repair and condition. In lieu of a rope or rope ladder there may be substituted any other appliance that may be deemed of equal or greater utility by the fire department, or such other authority as may have the control of fire regulations in the city or town where such hotel or lodging house is located; but such appliance shall, in all cases, be so constructed as to be under the control and management of any lodger in such room. [1883, chap. XLVII.]

SEC. 5. [Balconies.]-The owner or owners of every hotel or lodging house in this state, over three stories in height, shall provide without delay, such hotel or lodging house with permanent iron balconies, with iron stairs leading from one balcony to the other, to be placed at the end of each hall above the third story, in case such hotel is over one hundred feet in length, and in other cases such number as may be directed by the fire department, or such other authority as may have the control of fire regulations in any city or town where such hotel or lodging house is located. Such balconies and iron stairs shall be constructed at the expense of the owner of such hotel or lodging house.

SEC. 6. [Notices.]-It shall be the duty of every such proprietor or keeper of any hotel or lodging house to post notices in every such room of such hotel or lodging house, calling attention to the fact that this act has been complied with, and the part of such room where such coil of rope or rope ladder is fastened.

SEC. 7. [Penalty.]-Any violation of any of the provisions of this act hereinbefore contained shall be deemed a misdemeanor and indictable as such; and any person convicted thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars and costs of prosecution, and imprisoned until such fine and costs are paid.

SEC. 8. [Watchman.)-In hotels or lodging houses containing more than fifty rooms, and being four or more stories high, the proprietor or lessee of each hotel or lodging house shall employ and keep at least one competent watchman,

whose duty it shall be to keep watch and guard in such hotel or lodging house against fire, and to give warning in case a fire should break out. Such watchman shall be on duty between the hours of nine o'clock P. M. and six o'clock A. M., and in case of fire he shall instantly awaken each guest and all other persons therein and inform them of such fire. A large alarm bell or gong shall be placed on each floor or story, to be used to alarm the inmates of such hotel or lodging house in case of fire therein. It shall be the duty of every proprietor, or keeper of such hotel or lodging house, in case of fire therein, to give notice of same to all guests and inmates thereof at once, and to do all in their power to save such guest and inmates.

SEC. 9. [Same-Penalty.]-Should such watchman leave his post of duty in such hotel or lodging house for more than fifteen minutes at any one time during the hours specified for him to be on watch, or if he shall sleep while on duty, or if he shall fail to awaken the persons sleeping in such hotel or lodging house, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not exceeding one year, or by a fine of not less than fifty dollars nor more than five hundred dollars.

SEC. 10. [Penalty.]-Every proprietor of such hotel or lodging house who shall fail to comply with the requirements of section eight of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in the same manner as is provided in section seven of this chapter.

SEC. 11. [Grand Jury.]-This act shall be given in charge to the grand jury at each session. And they shall make due inquiry and indict and bring to trial all parties found guilty of violating any of its provisions.

SEC. 12. [Fines.]-All fines imposed or collected for any violation of the provisions of this act shall be paid to the treasurer of the county where such offense is committed, for the use and benefit of the common school fund.

SEC. 13. [Hotels hereafter constructed. All hotels or lodging houses hereafter constructed in this state over two stories in height and over one hundred feet in length, shall be constructed so that there shall be at least two stairways for the use of the guests leading from the ground floor to the uppermost story. And all out doors shall be so hung that they shall open on the outside instead of the inside of such hotel.

CHAPTER 39 a-INDUSTRIAL HOME.

SECTION 1. [Establishment.]-There shall be established in the state of Nebraska an institution to be designated and known as the Nebraska Industrial Home. [1887, chap. 46.]

SEC. 2. [Object.]-Besides shelter and protection, the object of said institution shall be to provide employment and means of self-support for penitent woman and girls, with a view to aid in the suppression of prostitution.

SEC. 3. [Government.]-The government of the "Nebraska Industrial Home" shall be by and under the supervision of the trustees of the "Woman's Associate Charities of the State of Nebraska," and their successors in office, who shall receive no compensation for their services, but shall be reimbursed actual and necessary expenses incurred in the discharge of the duties this act makes incumbent upon them, not to exceed the sum of five hundred ($500) dollars in any one year; Provided, That nothing herein contained shall be so construed as to prevent the "board of public lands and buildings" from establishing rules and regulations for the government of such home in any manner.

CHAP. 39 a. "An act providing for the establishment and government of the Nebraska Industrial Home and making appropriation therefor. Laws 1887, chap. 46. Took effect July 1, 1887.

"

SEC. 4. [Location.]-It shall be the duty of the "board of public lands and buildings," within ninety (90) days after this act takes effect, to procure, by purchase or gift, not less than ten acres nor more than one hundred and sixty (160) acres of land for a site, and to locate said home thereon; and said site shall be located at the city or village which shall, after duly advertising for bids for its location, donate the largest amount to said home.

SEC. 5. [Buildings.]-Said board are hereby authorized and required, as soon as practicable after this act goes into effect, to take the necessary steps for constructing and furnishing suitable buildings for said home, including hospital accommodations. They shall advertise for plans and specifications of said buildings, and upon their adoption shall at once advertise for sealed proposals for constructing the buildings in accordance with the plans and specifications adopted by them, and shall require bonds for the faithful performance and completion of all work contemplated in this section, according to contract.

SEC. 6. [Officers.]-Said trustees, by and with the advice and consent of the governor shall appoint a superintendent, a steward, a teacher or teachers, and such other officers as in their judgment the wants of said home may require, and fix their salaries; and by and with the advice and consent of the governor, may remove the same. All such officers shall be women.

SEC. 7. [Report.]-Within ten days preceding the meeting of each regular "ession of the legislature, said board and said trustees jointly shall furnish to the governor a printed report of their action and an estimate of the expenses of said home, together with a statement of the receipts and disbursements of funds; and during the first week of the session of the legislature, at least ten copies of said report shall be delivered to each member thereof. The said report shall show the names and residence of trustees of the "Woman's Associate Charities of the State of Nebraska," the condition of said home and names of the regular officers and salary of each, the number of persons who have been inmates, the average number during each year, the discipline prescribed, the studies and industries pursued, the expenses per capita based on an average yearly numbers and such other information as may be deemed important, or the governor request. SEC. 8. [Appropriation.]-For the purchase of said site and constructing and furnishing buildings thereon, the sum of fifteen thousand ($15,000) dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, which sum shall be expended under the direction of the board of public lands and buildings, and the auditor of public accounts is hereby authorized and required, upon presentation of the proper vouchers, to draw his warrant on the state treasurer for the amount due; and it shall be the duty of the state treasurer to pay the same when presented whenever there is sufficient money in his hands belonging to the state not otherwise appropriated.

CHAPTER 39 b.-INDUSTRIAL STATISTICS.

SECTION 1. [Establishment.]-There is hereby created a bureau of labor census and industrial statistics, with headquarters in the capitol building, for which stationery, postage, expressage, printing, and facilities for transacting business, shall be furnished the same as for other executive departments. [1887, chap. 47.] SEC. 2. [Commissioner.]-The governor of this state is hereby made commissioner of said bureau.

SEC. 3. [Same-Deputy.]-Said commissioner shall have the power to ap

CHAP. 396. "An act to provide and continue a bureau of labor and industrial statistics and define the duties of its officers." Laws 1887, chap. 47. Took effect July 1. 1887.