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 citizens 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 CHAP. 50. Law is constitutional. 11 Neb. 547. 18 Neb. 324. Legislature may require that licensee shall be a resident of the state. 18 Neb. 327. General view of the law considered. 19 Neb. 207. Legislature has power to regulate sale and to fix price of license. 7 Neb. 381. Business may be carried on by agent. 11 Neb. 372. Assignee liable to indictment although city council had authorized and clerk had issued an original license (in form). Id. Ordinance closing saloon at 10 P. M., Held, Valid. 14 Neb. 25. 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 remonstrance 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 decision 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, Law applies to druggists. 9 Neb. 190. Sale by druggist; general rule. 17 Neb. 417. Failure of defendant to claim protection as a licensed druggist, Held, For the purpose of that trial to be an admission that none existed. 17 Neb. 415. Business can only be carried on under ordinances duly passed. 11 Neb. 523, Bond running to municipality instead of to the state, Held, Good. 19 Neb. 324. Filing of bond with clerk and issuing license is sufficient approval, and binding on sureties. Id. 324. Recitals in bond binding on sureties. Id., 324. Surety signing bonds of two or more dealers is liable on each. Id., 324. Indictment for obstructing "view of saloon with ground glass." 15 Neb. 406. Punishment for sale of, on Sunday; indictment lies. 15 Neb. 474. Selling liquor on Sunday; date of transaction not material ingredient of offense. 16 Neb. 660, Wholesale dealers are not exempt from the provisions of law. 17 Neb. 317. Each act of selling under sec. 11, is an offense punishable by indictment. Indictment charging selling, etc., of all liquors named in section with a continuando, Held, Bad. 16 Neb. 491. Names of persons to whom liquor was sold, if known, should be alleged in indictment, or fact of their being unknown averred; not necessary to allege price at which liquor was sold. 16 Neb. 608. Liability of liquor seller for sale of, to individual drinker. 20 Neb. 557. Petition to recover damages in case stated, Held, Sufficient. Id. Authority to issue licenses invested in commissioners for portions of county outside of cities and towns; inside, city and town officers have authority. 5 Neb. 313. License money accruing in towns and cities belongs to school fund of county. 5 Neb. 303. Rule changed by constitution of 1875, and money belongs exclusively to cities in which collected. 8 Neb. 31, 161. 9 Id. 351. Cities of second class may impose an occupation tax in addition to tax for license to sell liquors. 19 Neb. 203. Fines, penalties and license moneys which arise under the general laws of the state belong to county school fund. 14 Neb. 479. All license money imposed as a condition of obtaining a license, and not as a tax, belongs to the school fund. 17 Neb. 219. Exaction of license fee an exercise of power of taxation. 5 Neb. 516. Contra: 7 Neb. 380. 11 Id. 566. Applicant for license entitled to receive it for unexpired term for which he had previously paid, on credit of his former payment, first license being void. 12 Neb. 471. Money deposited for license is property of applicant until license issues. 6 Neb. 15. Money deposited for license cannnot be garnished where applicant is selling under license issued. 13 Neb. 407. License not assignable. 11 Neb. 372. License no protection from liability for damages. 9 Neb. 308, 315. Appeal by remonstrants from order granting license must be taken as soon as transcript can be prepared; appeal not perfected in 60 days, Held, Too late; license issued after reasonable time to take appeal has elapsed, but before same is taken, is valid, notwithstanding notice of intention to appeal. 13 Neb. 13. Treasurer not liable for license money paid on facts stated. 15 Neb. 501. Refunding license money when license is canceled. Id. Upon application for mandamus to compel appointment of time for the hearing of remonstrance no defense to allege, nor will court inquire as to, the falsity of facts alleged in remonstrance; sufficient if one is filed. 18 Neb. 434. Applicant not required to take out second license under facts stated. 6 Neb. 110. Officers have discretion in issuance of license, and their action cannot be controlled by mandamus. 12 Neb. 56. Remonstrance; duty of board to set a day and hear testimony and render decision thereon. 20 Neb. 521. If license board refuse to review testimony in support of a remonstrance, district court on appeal will remand cause for that purpose. Id. 522. Provisions of statute relative to hearing of remonstrance against issuance of license are mandatory. 18 Neb. 433. 19 Id. 169. 20 Id. 472. 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: -for Know ye, that, having on the- —day of—————A. D. 18—, filled 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 liquors at-months ending the day of—A. D. 18—. In testimony whereof, I, have affixed the seal of this day of A. D. 18—. -Clerk. said [SEAL.] clerk of 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) do.lars, 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 Filing remonstrance in office of village clerk is a good filing. 19 Neb. 169. Duty of board to appoint day for hearing; time fixed so as to give opportunity to subpoena witnesses; petition indispensable condition precedent. 20 Neb. 472. Action by married woman and children against liquor seller; joint liability of persons selling, damages caused by death of husband; Carlisle tables of expectancy; exemplary damages not allowed. 9 Neb, 311, 315. 13 Id. 414, Each person furnishing the means of intoxication is liable, severally and jointly, for legal damages resulting from such intoxication, whether it be the first or last glass. 15 Neb. 561. 18 Id. 52. Not necessary to recovery that death or damages should be natural and logical result of the act of furnish ing the liquor, or that the traffic of the seller should be the proximate cause. Id. 52. One who sells or gives away intoxicating drink, which is drank by the buyer or recipient on or about the time of intoxication complained of, is liable for damages sustained. 15 Neb. 150, 561. 17 Id. 416. 19 Id. 190. Liability of liquor seller for sale to individual drinker. 20 Id. 557. In case stated, Held, No error to allow wife to testify as to amount necessary to support the family, 17 Neb. 414. General rule requiring a person suffering an injury to make all reasonable exertions to protect himself, etc., not applicable to action by married woman for loss of means of support caused by wrongful sale of liquor to her husband. 17 Neb. 416. 411. Action against saloon keepers as partners does not abate by death of one member of the firm. 13 Neb. On petition against saloon keepers, petition contained twelve counts and evidence uncontradicted terded to sustain two counts, Held, That verdict for defendants was against weight of evidence. 13 Neb. 435. Sale of, may be proved by circumstantial evidence. 13 Neb. 434. Evidence must show that defendant sold or gave liquor, and that such liquors were intoxicating. Id. Civil action lies to recover penalty. 12 Neb. 540. Action for loss of means of support; persons furnishing liquor liable; injury to wife's health by overwork not proper element of damage. 15 Neb. 562. Action under sec. 15; recovery of costs in case stated. 16 Neb. 113. An action maintainable in Iowa under sec 1550, Iowa Code. 1873, to recover back money paid for li qrors, is maintainable here or allowable as a set-off and bringing action or pleading same as set-off, is a suffi. cient demand for repayment. 16 Neb. 477. Pauper dependent for support on relative may maintain action for loss of such support against liquor seller selling liquor which caused death of such relative. 18 Neb. 46. Joint defendants entitled to no more peremptory challenges than where action is against a single defendant. Id. 49. Allegations of petition in action by wife and minor children against saloon keeper for loss of means of support examined and Held, Good. 19 Neb. 184. Verdict Held, Excessive, and plaintiffs allowed to file remittitur. Id. 190. LIQUORS. CH. 50 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; Provided, That any person or persons shall be allowed to sell wine made from grapes grown or raised by said person or persons, on land belonging to or occupied by said person or persons in the state of Nebraska, the same to be sold in quantities not less than one gallon, without procuring the license provided for in this chapter. [Amended 1883, chap. LI.] SEC. 12. [Same-Hearing before magistrate.]-The magistrate, before whom any complaint is made of a violation of the provisions of the preceding section, 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, strontía, 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 of the week, commonly called Sunday, shall forfeit and pay for every such offense, the sum of one hundred dollars. SEO. 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 |