SEC. 46. [Company drills.]-Each organized company, troop or battery, of the Nebraska National Guard shall drill one day in each of the months of April, May, June, July and August, the time and place to be designated by the company commander and a report thereof made to the proper authority within ten days thereafter. The commander of each regiment shall make like returns, together with a roster of his 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 officers, to the adjutant general within thirty days after such parade or encampment. The adjutant general may order from each company or regiment such additional returns and muster rolls as he may deem expedient.

SEC. 47. [Evening drills.]—Regimental, company, battery or troop commanders may order as many evening drills of their command as they may think necessary for proper instruction and drill.

SEC. 48. [Court martial.]-The governor may order court martial for the trial of officers and enlisted men of the National Guard, on proper charges and specifications, the proceedings of which shall be as provided by the state military board, conforming to the regulations, articles of war, and practice for the government of the army of the United States, as near as may be; and the governor, in ordering a court martial, shall detail a judge advocate for the same.

SEC. 49. [Same.]-Regimental and battalion courts martial may be convened by order of commandants of regiment or battalions, approved by the governor, under such regulations as the military board may prescribe. The proceedings, findings, and sentences of all courts martial shall, unless otherwise ordered by the governor, be reviewed by the judge advocate general, and approved or disapproved by him.

SEC. 50. [Same-Power of president.]-The president of a court martial may issue subpoenas, enforce the attendance of witnesses, and punish a refusal to be sworn, or to answer, as provided in civil actions.

SEC. 51. [Company courts of discipline.]-Commandants of companies, troops or batteries may appoint courts of discipline, under rules and regulations prescribed by the state military board, for the trial of members of their respective companies, troops or batteries, for violation of the militia law, the general code of regulations, or the authorized by-laws of their companies, troops or batteries.

SEC. 52. [Fines-How collected.]-When fines assessed by courts-martial or courts of discipline are not paid within ten days after the sentence is approved by the reviewing officer and returned to the commandant, a list thereof and of the delinquents shall be placed in the hands of a justice of the peace within the counties in which the delinquents respectively reside, who shall thereupon issue process and render judgment upon proof against such delinquents, separately, together with the costs of the suit, and shall issue execution thereon, without stay, directed to any constable of the proper township, who shall collect the same, without exemption.

SEC. 53. [Dues-How collected.]-Dues levied by the by-laws of any organization may be collected by civil suit, without right of stay or exemption; and all suits for the collection of fines or dues shall be brought in the name of the state of Nebraska, for the use of the company, troop or battery; but in no case shall the state pay any costs of such suit,

SEC. 54. [Unorganized militia.]-It shall not be lawful for any body of men whatever, other than the regular organized volunteer militia of this state, and the troops of the United States, to associate themselves together as a military company or organization, or to drill or parade with arms in any city or town in this state without the license of the governor thereof, which license may at any time be revoked; And provided, further, That students in educational institutions where military science is part of the course of instruction, may, with the consent of the governor, drill and parade with arms in public under the superintendence

of their instructors, may take part in any regiment or brigade encampment, under the command of their military instructor, and while so encamped shall be governed by the provisions of this act. They shall be entitled only to transportation and subsistence, and shall report and be subject to the commandant of such encampment; Provided, That nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords.

SEC. 55. [Violations of act.]-Whoever offends against the provisions of the preceding section, or belongs to, or parades with, any such unauthorized body of men with arms, shall be punished by a fine not exceeding the sum of ten ($10.00) dollars or by imprisonment in the common jail for a term not exceeding six months, or both.

SEC. 56. [Officers-Arrests by.]-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. 57. [Appropriations.]--For the purpose of carrying out the provisions of this act, there is hereby appropriated, out of the general fund not otherwise appropriated, the sum of thirty thousand ($30,000.00) dollars the first year, and twenty thousand ($20,000.00) dollars each succeeding year (or so much thereof as may be necessary) until otherwise provided by law. The appropriations made by this section shall be available for the two years ending March 31, 1889, and shall be in addition to the appropriations made under the provisions of an act entitled "An act making appropriations for the current expenses of the state government for the years ending March 31, 1888, and March 31, 1889, and to pay miscellaneous items of indebtedness owing by the state of Nebraska.'

SEC. 58. [Commander-in-chief.]—The governor shall be commander-inchief of the militia, and may employ it, or any part of it in the defense of or relief of the state, or any part of its inhabitants or territories, ands hall have all the powers necessary to carry into effect the provisions of this act.

SEC. 59. [Acts repealed.]-All acts and parts of acts inconsistent with. the provisions contained in this act are hereby repealed.

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 overflowed 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

NOTE.-"An act relating to mills and mill-dams." G. S. 472 Took effest Feb. 26, 1873. In proceedings under this act, where A in good faith commenced the erection ofta 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 dan, the effect of which would be to flow the water back on an unoccupid mill site owned by B. 10 Neb. 465. Statute is exclusive. 10 Neb. 467. Rights of conflicting claimants; overflow of mill site higher up river by owner of dam below. 13 Neb. 547. Damages or want of use of mill, and the building of which was claimed to be delayed, Held, too remote and uncertain. 14 Neb. 374. Water grist mill is a work of internal improvement. 14 Neb. 333. 20 Id. 452. Damages allowed land owner; general rule. 17 Neb. 577. Rights of grantee of mill-dam and site; grantee liable same as grantor, 17 Id. 578. Where there is no resistance to to proceedings, plaintiff is liable for costs. 17 Id. 425.

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 metes and bounds one acre thereof, having due regard therein to the interests of both parties, and to appraise the same according to its true value. Second. To exam ine the lands above and below the property of others, which are, or may probably be overflowed or injured, and say what damage it has been, and will be to the several defendants, naming them, and whether the mansion house of any such defendant or defendants, or the offices, curtilages, or gardens thereunto immediately belonging, will be overflowed or injured. Third. To inquire whether, and in what degree fish of passage, or ordinary navigation will be obstructed, and whether, in their opinion the health of the neighborhood will be annoyed by the stagnation of the water. Fourth. Whether and by what means, any such obstruction, annoyance, or injury can be prevented. Fifth. Whether such mill is, or will be, of public utility.

SEC. 9. [Return of inquest-Answer.]-The inquest so made, being signed by the jurors, shall, together with the writ, be forthwith returned by the sheriff to the office of the clerk of such court. Should such return be made in vacation, the defendants, or any of them, shall have until the first day of the next term, to show cause why the plaintiff should not have leave to build or continue his said mill-dam. Said time may be extended by the court on good cause shown. If the return be made in term, the court shall, by order, fix a reasonable time within which such cause may be shown.

SEC. 10. [Interested parties Amendments.]-Any person interested in or affected by any inquest or proceeding provided for in this act, may, on motion,

and proper showing, be made a defendant therein; and the court may permit amendments of the proceedings, and allow new parties to be brought in, on motion of the plaintiff, as in other cases.

SEC. 11. [Trial—Proceedings.]--Any defendant may, after the return of the sheriff, aforesaid, traverse, by way of answer, any material fact stated in the petition or inquest, or he may plead any valid matter in bar of the plaintiff's right to have the benefit of the writ; or he may file exceptions for substantial defects to the writ, the inquest, or any of the proceedings herein provided for; and issues of law, and of fact, may be made up and tried as in other cases; and the court may quash the writ, or set aside the inquest, and may award a new writ on payment of all costs by the party who has built, or proposes to build, such mill-dam, or the court may dismiss the proceedings, or may ratify and confirm such inquest.

SEC. 12. [Same-Judgment.]--If on such inquest or trial it shall appear to the court that the mill or appurtenances thereunto belonging, or the mansion house of any defendant or curtilage or garden thereunto immediately belonging, will be or has been overflowed or injured, or the health of the neighborhood annoyed, they shall not give leave to build or continue such mill-dam; but, if none such injuries have accrued, nor will be likely to accrue, they shall proceed to adjudge whether under all the circumstances it be just and reasonable that such leave be given or not given.

SEC. 13. [Same-Dam erected.]-In case such petition be filled by the plaintiff, after having erected his mill-dam, no damages shall be allowed and the application shall be dismissed, unless the case be such that leave would have been given to build such mill-dam if such petition had been brought before the erection thereof.

SEC. 14. [Persons damaged-Proceedings.]-Where any person may have built a mill or other dam whereby the water of any river, creek, run, or spring may be rendered stagnant, or any lands may be overflowed or injured thereby, any person, or any number of persons interested therein, or who may be damaged by the stagnation or overflowing of said water, or otherwise, may file a petition against the owner of such mill-dam for such writ, and like proceedings shall be had mutatis mutandis, as where the owner of a mill-dam so built brings the petition. But such owner shall have ten days previous notice of the filing of the petition.

SEC. 15. [Fee of mill site.]-If the petition is brought to obtain leave to build a mill-dam, and such leave is granted, the plaintiff shall, upon paying respectively to the persons entitled the value of the acre so located and the damages assessed on the inquest aforesaid, become seized in fee-simple of the said acre of land; but, if he shall not within one year after the final adjudication, begin to build said mill, and finish the same within three years, and afterwards continue it in good repair for public use, or, in case said mill and dam, or either of them, be destroyed, if he shall not begin to rebuild the same within one year after such destruction, and finish the erection thereof within three years thereafter, the said acre of land shall revert to the former proprietor and his heirs, unless at the time of such destruction the owner of such mill be an infant, or imprisoned, or of unsound mind, in which case the length of time above specified shall be allowed after such disability is removed.

SEC. 16. [Damages-Assessment.]-Where the petition is brought against the owner of a mill-dam already built, as provided in section fourteen of this act, and the mill is found to be of public utility, or where the petition is brought to obtain leave to build or continue a mill-dam, the jury shall assess such damages as the party or parties injured may have sustained, and will sustain, by the erection and continuance of such mill-dam. But, where the petition is brought against the owner of a mill-dam as aforesaid, and such mill is not found to be of public utility, no damages shall be assessed for injuries which may accrue by the continuance of such mill-dam.