tract, either verbal or written, by the terms of which a greater rate of interest, not exceeding the amount allowed by law, than seven per centum shall have been agreed upon, the rate of interest upon such judgment or decree shall be the same as provided for by the terms of the contract upon which the same was founded.

SEC. 4. [Other cases.]-On money due on any instrument in writing, or on settlement of the account from the day the balance shall be agreed upon, on money received to the use of another, and retained without the owner's consent express or implied, from the receipt thereof, and on money loaned or due, and withheld by unreasonable delay of payment, interest shall be allowed at the rate of seven per cent. per annum. Unsettled accounts between parties shall bear interest after six months from the date of the last item thereof.

SEC. 5. (Usury-Consequences Agents.-If a greater rate of interest than is hereinbefore allowed shall be contracted for or received, or reserved, the contract shall not, therefore, be void; but if in any action on such contract, proof be made that illegal interest has been directly or indirectly contracted for, or taken, or reserved, the plaintiff shall only recover the principal, without interest, and the defendant shall recover costs; and if interest shall have been paid thereon, judgment shall be for the principal, deducting interest paid; Provided, The acts and dealings of an agent in loaning money shall bind the principal, and in all cases where there is illegal interest by the transaction of the agent, the principal will be held thereby as if he nad done the same in person. Where the same person acts as agent for the borrower who obtains the money from the lender, he shall be deemed to be the agent of the loaner also.

SEC. 6. [Usurers-Witnesses.]-Any person charged with taking illegal interest may be required to answer touching the same, on oath, in any civil proceeding.

SEC. 7. [Tender.]—Relief to a complain[an]t in case of an usurious loan, may be given without payment or tender by him of the principal sum.

SEC. 8. [Witnesses-Perjury.]-Any officer or agent of a person or a corporation, whether interested or not, may be summoned as witness in any action for usury against such person or corporation, and required to disclose all the facts of the case, but the testimony of such witness, or the answer of a party as required in section 6, shall not be used against such witness or party in any criminal prosecution for perjury.

SEC. 9. [Yearly rates.]-When in any law, or in any instrument in writing specifying a rate of interest, no period of time is mentioned for which such rate is to be calculated, it shall be deemed to be by the year.

SEC. 10. [Warrants-Bonds.]-All warrants issued by the proper author ities of the state, county, city, town, or other municipal subdivision less than a county, shall draw interest from and after the date of their presentation for payment, at the rate of seven per cent. per annum, and all bonds issued by any county, city,

SEC. 5. General rules: 4 Neb. 204. 6 Id. 152. 10 Id. 543. Subsequent agreement to pay does not alfect original contract: 4 Neb. 207. 9 Id, 455. Agreement to pay for services in procuring loan not known to lender, will not constitute: 3 Neb. 259. 11 Id. 491. Acts of agent in taking, bind principal: 3 Neb. 250. 5 Id. 264. 6 Id. 154. 8 Id. 426. 11 Id. 491. 12 Id. 189. 13 Id. 166, 575. 14 Id. 91. Borrower not estopped to show agency of lender: 15 Id. 338. If amount paid by borrower exceeds lawful rate, it devolves on plaintiff to show that value of services, etc., did not exceed it: 13 Neb. 556. Retaining commissions out of loan: 13 Neb. 575. Subsequent security for loan originally usurious is subject to plea and proof of usury: 11 Id. 467. Sale of bond at less than face value is not: 14 Neb. 381. Nor of note and mortgage at a discount: 9 Neb. 15. Note given for $445.15, only $380 received, Held, Uusurious: 14 Neb. 577. Surety may plead: 7 Neb. 58. Defense not available against innocent purchaser: 9 Neb. 229. 10 Id. 86. 11 Id. 492. 14 Id. 416. 15 Id. 631. 18 Neb. 233, 546. 20 Id. 131. Available as a defense in action on usurious contract; but where action is dismissed without prejudice before submission, defense of usury is not a set-off to be retained and tried by court: 12 Neb. 506. When paid cannot be recovered back by separate action: Id. Agreement for a loan made in N. Y. and money advanced there: note given in Nebraska, Held, That laws of N. Y. governed contract, and action in Nebraska would not lie: 1 Neb. 112. But note made in Neb. payable in N. Y., laws of Neb. govern: 11 Neb. 493. 14 Id. 93. Loans by building and saving association usurious; 7 Neb. 177. Fee paid attorney for extension of time of payment, Held, Usurious, and applicable as payment pro tanto: 8 Neb. 52. Collection fee in note in addition to legal interest, void; 11 Id. 98, 399. Note with 24 per cent interest, payable after maturity, not usurious, and recovery may be had for legal interest: 14 Id. 434. Promise to pay interest on interest over due is not usury; 16 Net. 12. Answer setting up usury should state with whom contract was made, nature and amount; 16 Neb. 689. Where truth of plea of usury is pleaded or admitted, defendant is entitled to recovery of the costs of the action. 17 Neb. 309. Defense of usury available to maker against the assignee of usurious note and mortgage, transferred to him by written assignment on mortgage only, for value before maturity and without notice. 19 Neb. 643

township, precinct, or school district, shall not draw interest at a rate exceeding eight per cent. per annum.

SEC. 11. [Educational lands-Delinquent taxes.]-The rate of interest fixed by this chapter shall not affect interest on purchase money of school,' university, and agricultural college lands, or on lands delinquent or sold for the non-payment of taxes.

SEC. 12. [Repealed original chapter.]

CHAPTER 45.-INTERNAL IMPROVEMENTS.

SECTION 1. [Bonds.]-That any county or city in the state of Nebraska is hereby authorized to issue bonds to aid in the construction of any railroad, or other work of internal improvement, to an amount to be determined by the county commissioners of such county or the city council of such city, not exceeding ten per centum of the assessed valuation of all taxable property in said county or city; Provided, The county commissioners, or city council, shall first submit the question of the issuing of such bonds, to a vote of the legal voters of said county or city, in the manner provided by chapter nine of the Revised Statutes of the state of Nebraska, for submitting to the people of a county, the question of borrowing money. [1869 § 1, 92. G. S. 448.]

SEC. 2. [Proposition to vote.]-The proposition of the question must be accompanied by a provision to levy a tax annually for the payment of the interest on said bonds as it becomes due; Provided, That an additional amount shall be levied and collected to pay the principal of said bonds, when it shall become due; and, Provided, further, That no tax shall be levied or collected to pay any of the principal of said bonds until after the year 1880. [Amended 1870, 15.]

SEC. 3. [Rate of interest.]-The proposition shall state the rate of interest such bond shall draw, and when the principal and interest shall be made payable. SEC. 4. [Result of vote.]-If two-thirds of the votes cast at any such election for the purposes herein set forth, be in favor of the propositions submitted, the county commissioners in the case of a county, and the city council, in the case of a city, shall cause the proposition and result of the vote to be entered upon the records of said county or city, and a notice of its adoption to be published for two successive weeks in any newspaper in said county or city, if there be one, and shall thereupon issue said bonds which shall be and continue a subsisting debt against such county or city, until they are paid and discharged. [Amended taking effect Dec. 1, 1875. Laws 1875, 87.]

SEC. 5. [Taxes.]-It shall be the duty of the proper officers of such county or city to cause to be annually levied, collected and paid to the holders of such bonds a special tax on all taxable property within said county or city, sufficient to pay the annual interest as the same becomes due; and when the principal of said bonds become due, such officers shall in like manner collect an additional amount sufficient to pay the same as it becomes due; Provided, That when any bonds have been heretofore issued, such officers shall not levy or collect any amount more than may be necessary to pay the amount annually falling due by the condition of such bonds until after the year 1880; Provided, That not more than 10 per centum of the principal of said bonds shall be collected in any one year,

DECISIONS. Acts are constitutional. 2 Neb. 424. 10 Id. 279. Aid cannot be voted exceeding ten per cent. of the assessed valuation of county, and two-thirds vote necessary. 7 Neb. 313. But limitation does not prohibit precinct from voting aid in addition to that voted by county. 6 Neb. 215. 13 Id. 131. Works of internal improvement defined. 4 Neb. 156. Bridge over Platte river. Id. 7 Id. 260. Water grist mill.is. 14 Neb. 327. But a steam grist mill is not. 15 Id. 568. Court house is not. 10 Neb. 281. Bridges wholly within county are. 16 Neb. 509, (distinguishing 12 Id. 185.) People cannot delegate to county commissioners the authority to determine which of two works shall be recipient of aid voted. 13 Neb. 132. 14 Id. 294. Proposition need not contain provision for levy of tax to pay principal, but only interest. Proposition containing provision for collecting tolls not objectionable. Proposition should contain provision to levy tax to meet liability incurred. 6 Neb. 53, 235. And see 14 Neb. 324. Precinct bonds may be issued for. 6 Neb. 49. Mode of collection by tax; mandamus lies to compel levy. 6 Neb. 24. Mandamus to pay bonds for; petition should contain particular description of works. 9 Neb. 459. In ascertaining donations already made, unpaid interest should not be considered in making up aggregate which county is entitled to vote. 13 Neb. 130.

Cities of second class may issue bonds under this act. 19 Neb. 237. Precinct bonds for bridges. 18 Neb. 362.

excepting where bonds have been heretofore issued, and by the conditions of such bonds are required to be paid in some other manner. [Amended 1870, 15.]

SEC. 6. [Estoppel.]-Any county or city which shall have issued its bonds, in pursuance of this act, shall be estopped from pleading want of consideration therefor, and the proper officers of such county or city may be compelled, by mandamus, or otherwise, to levy the tax herein provided to pay the same.

SEC. 7. [Repealed 1885, chap. 58.]

SEC. 8. Bonds heretofore issued.]-All bonds heretofore voted and issued by any county or city in this state, to aid in the construction of any railroad or other work of internal improvement, are hereby declared to be legal and valid, and a lien upon all of the taxable property in such county or city, notwithstanding any defect or irregularity in the submission of the question to a vote of the people, or in taking the vote, or in the execution of such bonds, and, notwithstanding the same may not have been voted upon, executed, or issued in conformity with law, and such bonds shall have the same legal validity, and binding force, as if they had been legally authorized, voted upon, and executed; Provided, That nothing in this section, nor in this act, shall be so construed as to legalize, or in any way sanction any vote of the people of Nemaha county, heretofore had, for the purpose of aiding in the construction of any railroad, nor anything done by the county commissioners of said county authorizing said vote, or anything done by them in consequence of such vote.

SEC. 9. Taxes to pay principal.]-That after the year 1880, the officers of any county or city may levy and collect, not exceeding 10 per centum of the principal of said bonds; Provided, Said bonds are not payable in installments not exceeding 10 per centum; and whenever any county, city, or precinct shall have on hand an amount exceeding two thousand dollars, for the payment of the principal of said indebtedness, the corporate authorities of such county or city shall advertise for the surrender of any such indebtedness; and the person offering to surrender such indebtedness on the lowest and best terms, shall receive the money, and surrender such indebtedness; and if, at any time, there shall have accumulated a sum exceeding ten thousand dollars, the same may be invested in Nebraska state stocks, or in United States stocks. [1870 § 3, 15.]

SEC. 10. [Refunding taxes.]-All taxes which have been paid to raise a sinking fund to pay the principal of such indebtedness, and now on hand shall be returned to the person paying the same. [1870 § 4, 15.)

REFUNDING BONDS.

SEC. 11. [Outstanding bonds.]-That any county, precinct or city in the state of Nebraska, which has heretofore voted and issued bond or bonds to aid in the construction of any railroad or other work of internal improvement, and which bond or bonds or any part thereof still remain and are a legal liability against such county, precinct or city, and bearing interest at a greater rate than seven (7) per centum per annum, is hereby authorized to issue coupon bond or bonds, bearing interest at a rate not exceeding seven (7) per centum per annum, to be substituted or exchanged for such bond or bonds heretofore issued, whenever such county, precinct, or city can affect such substitution or exchange dollar for dollar; Provided, That no such refunding bonds shall be issued except after four (4) publications of notice thereof in at least two weekly papers published in the county, by the duly constituted authorities of such county, city, village or precinct, which notice shall recite the date, number and denomination of the bonds. sought to be refunded and also of the bonds sought to be issued. [Amended 1885, chap. 59.]

SEC. 12. [Form of new bonds.]-The new bond or bonds so issued shall have recited therein the object of its or their issue, the whole of the act under SEC. 11. In registration of bonds auditor and secretary of state have no right to review the action of their predecessor upon the original bonds. 14 Neb. 281.

which the issue is made stating the issue to be in pursuance thereof, and shall also state the number, date and amount of the bond or bonds for which it is or they are issued, and such new bond or bonds shall not be delivered until the surrender of the bond or bonds so designated. [Id.]

SEC. 13. [No vote necessary.]-The new bond or bonds so issued shall not require a vote of the people to authorize such issue, shall be paid and the levy be made and tax collected for payment of same in accordance with the laws now governing the said bond or bonds heretofore issued. [Id.]

PRECINCT, TOWNSHIP AND VILLAGE BONDS.

SEC. 14. [Election.]-Any precinct, township, or village (less than a city of the second class), organized according to law, is hereby authorized to issue bonds in aid of works of internal improvement, highways, bridges, railroads, court house, jails in any part of the county, and the drainage of swamp and wet lands, to an extent not exceeding ten per cent of the assessed value of the taxable property at the last assessment within such township, precinct, or village, in the manner hereinafter directed, viz: First. A petition signed by not less than fifty freeholders of the precinct, township or village, shall be presented to the county commissioners, or board authorized by law to attend to the business of the county within which such precinct, township or village is situated. Said petition shall set forth the nature of the work contemplated, the amount of the bonds sought to be voted, the rate of interest, which shall in no event exceed eight per cent per annum, and the date when the principal and interest shall become due; and the said petitioners shall give bond, to be approved by the county commissioners, for the payment of the expenses of the election, in the event that the proposition shall fail to receive a two-thirds majority of the votes cast at the election. Second. Upon the reception of such petition the county commissioners shall give notice, and call an election in the precinct, township or village, as the case may be. Said notice, call, and election shall be governed by the law regulating the election for voting bonds by a county. [1885, chap. 58.]

SEC. 15. [Issuance of bonds.]-If two-thirds of the votes cast at such election shall be in favor of the proposition, the county commissioners or board shall, without delay, cause to be prepared and issue the bonds in accordance with the petition and notice of election; said bonds shall be signed by the chairman of the board or person authorized to sign county bonds and attested by the clerk of the county, under the seal of the county. Said bonds shall state for what purpose issued; the amount, and when payable, interest and when payable, and the number of each bond. The county clerk shall enter upon the records of the board the petition, bond, notice, and call for the election, canvass of vote, the number, amount, and interest, and date at which each bond issued shall become payable; and the county clerk shall cause such bonds to be registered in the office of secretary of state and state auditor, as required by law.

SEC. 16. [Taxes.]-The county commissioners, or persons charged with levying the taxes for the county, shall each year until the bonds voted under the authority of this act be paid, levy upon the taxable property in the precinct, township, or village, a tax sufficient to pay the interest and five per cent. of the principal of bonds issued under this act; and at the tax levy preceding the maturity of any such bonds, levy an amount sufficient to pay the principal and interest due on said bonds.

SEC. 17. [Proceedings.]-All proceedings in relation to such election and the issuance of the bonds shall be in accordance with the provisions of this act.

CHAPTER 46.-JAILS.

SECTION 1. [Rules for government.]-The judges of the district courts of the several judicial districts of this state shall, from time to time, as they may deem necessary, prescribe, in writing, rules for the regulation and government of the jails in the several counties within their respective districts, upon the following subjects: First. The cleanliness of the prison and prisoners. Second. The classification of prisoners in regard to sex, age, and crime, and also persons insane, idiots and lunatics. Third. Beds and clothing. Fourth. Warming, lighting, and ventilation of the prison. Fifth. The employment of medical and surgical aid when necessary. Sixth. Employment, temperance, and instruction of the prisoners. Seventh. The supplying of each prisoner with a bible. Eighth. The intercourse between prisoners and their counsel and other persons. Ninth. The punishment of prisoners for violation of the rules of the prison. Tenth. Such other regulations as said judges may deem necessary to promote the welfare of said prisoners. Provided, That said rules shall not be contrary to the laws of this state. [R. S. 242. G. S. 451.]

SEC. 2. Publication of rules.]-The said judges shall, as soon as may be, cause a copy of said rules to be delivered to the county commissioners in the several counties in their respective judicial districts; and it shall be the duty of said commissioners forthwith to cause the same to be printed, and to furnish the sheriff of their county with a copy of said rules, for each and every room or cell of said jail, and also to forward a copy of said rules by mail to the state auditor, who shall carefully file away and preserve the same.

SEC. 3. [Posting rules.]—The said sheriff shall, immediately on the receipt of said rules, cause a copy thereof to be posted up and continued in some conspicuous place in each and every room or cell in said jail.

SEC. 4. [Revising rules.]- The said judges may from time to time, as they may deem necessary, revise, alter, or amend said rules, and such revised, altered, or amended rules, shall be printed and disposed of by said commissioners and sheriff in the same manner as is directed by the second and third sections of this chapter.

SEC. 5. [Sheriff in charge.]-The sheriff, or, in case of his death, removal or disability, the person by law appointed to supply his place, shall have charge of the county jail of his proper county, and of all persons by law confined therein, and such sheriff or other officer is hereby required to conform, in all respects, to the rules and directions of said district judge above specified, or which may, from time to time, by said judge be made, and communicated to him by said commissioners.

SEC. 6. [Register.]-The sheriff, or other officer performing the duties of sheriff, of each county of this state, shall procure, at the expense of the proper county, a suitable book to be called the jail register, in which the said sheriff, by himself or his jailer, shall enter-First. The name of each prisoner, with the date and cause of his or her commitment. Second. The date or manner of his or her discharge. Third. What sickness, if any, has prevailed in the jail during the year, and if known, what were the causes of such disease. Fourth. Whether any or what labor has been performed by the prisoners, and the value thereof. Fifth. The practice observed during the year, of whitewashing and cleaning the occupied cells or apartments, and the times and seasons of so doing. Sixth. The habits of the prisoners as to personal cleanliness, diet and order. Seventh. The operations of the rules and directions prescribed by the district judge. Eighth. The means furnished prisoners, of literary, moral and religious instruction, and of labor.

NOTE.-Chap. XXIX, R. S 242, Chap. 36, G. S. 451.