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Statutes of Nebraska for 1913 be and the same is hereby amended to read as follows:
2677 Sec. 25. Unlawful fishing. It is hereby declared unlawful to catch, kill or destroy any fish in any public water in this state other than by the use of hook and line, having not more than five hooks thereon: Provided, buffalo, carp and gar fish may be taken between the hours of sunrise and sunset, with seine or net having a two inch square mesh, during the months of June, July, August, September and October under the direction of the chief deputy game and fish commissioner. Every person who owns or uses a seine or net as provided for in this section, shall procure a license from the chief deputy game and fish commissioner, who may issue such licenses. Such person shall be required, upon application for said license, to furnish a bond in the form of a certified check for the sum of one hundred dollars to guarantee the payment of any and all fines which may be imposed upon the holder of such license for the violation of any of the provisions of this section and such bond or certified check shall be held by the chief deputy game and fish commissioner until such fine or fines have been paid and until the expiration of said license. The chief deputy game and fish commissioner shall cause to be attached to each such seine or net, as provided for in this section, a metal tag having on one side the number of the license and the name of the state. The fee for such license shall be two dollars payable in advance and the license shall expire on the thirty-first day of October next ensuing the date of issue, or shall be revoked for the violation of the provisions of this section. To violate any of the provisions of this section or to counterfeit such metal tag herein provided for is hereby declared a misdemeanor, and is punishable by a fine not exceeding one hundred dollars or by imprisonment in the county jail for a term not exceeding sixty days or both. Public waters within the meaning of this section shall embrace all lakes, ponds, rivers, creeks, bayous and streams except artificial pond or ponds subject to the exclusive dominion of single ownership. Every seine, net or unlawful device used in violation of the provisions of this article by any person or person, or found in any water in this state or in the possession of any person or persons intending to use the same, shall be declared a public nuisance and may be seized by any officer with or without a warrant and be destroyed; and it shall be the duty of every officer authorized
to enforce the provisions of this section to seize and summarily destroy the same and no prosecution or suit shall be maintained for such destruction. In all cases under this section the contables and justices' fees shall be the same as in other cases of misdemeanor. All constables, sheriffs and county attorneys of this state are hereby empowered to and shall prosecute all offenders against this section. Provided however, no hunting or fishing license shall be issued to any person not a naturalized citizen of the United States.
Sec. 4. Amendment.-That Section 2678 of the Revised Statutes of the State of Nebraska for 1913 be and the same is hereby amended to read as follows:
2678 Sec. 26. Nets or seines. In waters where buffalo, suckers, gar fish, carp or squaw fish abound the chief deputy game and fish commissioner may issue, on application; a license to take or catch such fish during the open season with nets or seines having a two square inch mesh, as provided by law: Provided, in case any fish of any of the varieties protected by law be taken in any seine or net as provided above, they shall be immediately returned alive by the person using the seine or net, to the water from which they were taken.
Sec. 5. Amendment. That Section 2679 of the Revised Statutes of Nebraska for 1913, be and the same hereby is amended to read as follows:
2679 Sec. 27. Possession of game-penalty.-Any corporation, company, association, person or persons, or its, his or their officers, agents, servants, or employees, who shall have in its, his or their possession or control any grouse, pheasant, prairie chicken, quail, wild turkey, wild goose, brant, or any wild duck or any of the birds, animals or fish protected by this chapter, except during such open season as may be provided by law, and the period of five days next succeeding the close of such season, or any corporation, company, association, person or persons, or its, his or their officers, agents, servants or employees who shall at any time or season of the year, sell, barter, or expose or offer for sale or barter, any wild elk, deer or antelope, grouse, prairie chicken, quail, wild turkey, wild goose, brant, or any wild duck, or any of the birds, animals or fish except of the following varieties,-sturgeon, buffalo, carp, suckers, cat fish, and gar fish, protected by this chapter, shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined five dollars for each and every bird or fish unlawfully had in its, his or their possession or control, or sold, bartered or exposed or offered for sale or barter and not less than twentyfive dollars nor more than one hundred dollars, for each and every animal so unlawfully sold, bartered or exposed or offered for sale or barter contrary to the provision of law.
Sec. 6. Repeal.-That Sections 2654, 2676, 2677, 2678 and 2679 of the Revised Statutes of Nebraska for 1913 be and the same are hereby repealed.
Sec. 7. Emergency. Whereas, an emergency exists, this Act shall take effect and be in force from and after its passage. Approved, April 25, 1917.
(House Roll No. 103.)
[Introduced by Mr. Hoffmeister.]
AN ACT to amend section 2721 of the Revised Statutes for 1913, and to repeal said original section.
Be it Enacted by the People of the State of Nebraska:
Section 1. Amendment. That Section 2721 of the Revised Statutes for 1913 be amended to read as follows:
2721 Sec. 12. Unprofessional conduct physicians and surgeons. The board may refuse to issue a certificate, and shall revoke one already issued for any of the causes defined in this section, to-wit: The employment of fraud or deception in applying for license or diploma or in passing the examination provided for in this chapter; conviction of crime involving moral turpitude; habitual intemperance in the use of ardent spirits. narcotics or stimulants, unprofessional or dishonorable conduct. The words "unprofessional or dishonorable conduct," as used herein, are declared to mean:
First, the procuring or aiding or abetting in procuring a criminal abortion;
Revocation of License
Second, the obtaining of a fee on the assurance that a manifestly incurable disease can be permanently cured;
Third, betrayal of a professional secret to the detriment of a patient;
Fourth, causing the publication and circulation of advertisements of any medicine or means whereby the monthly periods of women can be regulated or the menses can be established, if suppressed;
Fifth, causing the publication and circulation of advertisements of any kind relative to diseases of the sexual organs tending to injure the morals of the public;
Sixth, for the itinerate practicing of their profession by traveling from place to place within this state as a regular business or habit, provided that the care and treatment of patients at places other than the county of their residence of the physician when called or requested by residence physicians or the patients themselves shall not be deemed a violation of this section;
Seventh, for the taking of promissory note of patients for any subsequent treatments or upon the representation that a cure of diseases or ailments will be made, and any note so given shall be void.
Sec. 2. Repeal. That Section 2721 of the Revised Statutes. for 1913 as originally existing be and the same is hereby repealed.
Approved, March 23, 1917.
(House Roll No. 106.)
[Introduced by Mr. Lemar.]
AN ACT to amend Section 2750, Revised Statutes for 1913, relating to filing certificates of births and deaths, and to repeal said original section.
Be it Enacted by the People of the State of Nebraska:
Section 1. Amendment. That Section 2750, Revised Statutes for 1913, is hereby amended to read as follows:
2750 Sec. 41. Vital statistics-registrar-duties-reports.Sub-registrars shall deliver all certificates of births and deaths filed with them during each month to the local registrar to whom they are directed to report on or before the third day of the following month. Local registrars shall, on the fifth day of each month deliver to the county clerk duplicate copies of the original. certificates filed with them and those delivered to them by the sub-registrars during the preceding month, and include a statement card showing the number returned by each sub-registrar, and also a statement that no unregistered births or deaths have occurred within their respective districts. The county clerk shall compare and verify the duplicate certificates thus received, forward one copy thereof within three days of its receipt, to the state registrar and file the other copy in his office. The county clerk shall on or before the tenth day of each month record the contents of the certificates so filed in a special permanent record book approved by the state registrar and provided by the county which shall be kept as a permanent record of the births and deaths in the county. In case no birth or death has occurred, then the local registrar shall so report on a card provided for that purpose; provided that in counties having cities of the metropolitan and first classes, the local registrar shall forward copies of certificates in place of the originals to the state registrar instead of to the county clerk. Provided. further, that the local registrar shall receive the same fees for transmitting such certificate to the county clerk as provided by law for transmitting them to the state registrar.
Sec. 2. Repeal. That said original Section 2750, Revised Statutes for 1913, is hereby repealed.
Approved, March 28, 1917.