Ch. 187) Civil Damages-Liability of Cities, Etc. 449

the city commissioners were not endeavoring in good faith to enforce the liquor laws of this state and the provisions of this act, and the city ordinances or village ordinances, or rules or orders of the commissioners, if any, in reference thereto; and that such officials had actual notice or knowledge that intoxicating liquors were being unlawfully sold, kept for sale, bartered, furnished or given away in the county, city or village in question, or in the absence of such notice or actual knowledge that such officials could by the use of reasonable diligence, have obtained such notice or knowledge; shall then have a right of action in his or her own name, or in the name of the guardian or next friend of any minor, or other person under legal disability against the county or city or village as the case may be wherein said intoxicating liquors have been sold, bartered, furnished or given away to the person in violation of law and which have caused or contributed to the injury or damage, for all damages sustained on account of the intoxication of the person committing the offense or inflicting the injury or to which his intoxication contributed. In suits brought by a married woman for herself or for herself and minor children, under this section, all damages recovered shall be paid over to her for the use of herself and children, and in suits brought in behalf of any minor or other person under legal disability, the damages, when recovered, shall be paid over to the guardian, next friend, or personal representative as the case may be. No suit for damages brought under this section shall be commenced or maintained except in the courts of the county in which the cause of action arose.

Sec. 54. Civil damages-trial-proof. On the trial of any suit under the provisions hereof, the cause or foundation of which shall be the acts done or the injuries inflicted, by a person or persons under the influence of liquor, it shall only be necessary to sustain the action to prove that the defendant or defendants sold, gave, or furnished intoxicating liquors to the person or persons so intoxicated or under the influence of liquor whose acts or injuries are complained of, on that day or about that time, when the act was committed or injuries received, and in an action for damages brought by a married woman, or other person whose support legally devolved upon a person disqualified by intemperance from earning the same, it shall only be necessary to prove that the defendant sold, gave, or furnished intoxicating liquor to such person during the period of such disqualification.

Sec. 55. Ordinances-prosecutions and city regulation.All City Councils, and City Commissioners and all Village Boards shall enact ordinances in compliance with this act, and shall take all action reasonable and proper for the enforcement of the same and of the provisions of this act within their jurisdiction.

Magistrates and police courts are hereby vested with jurisdiction to try without a jury all violations of this act and of all such ordinances wherein the penalty does not exceed a fine of one hundred dollars or imprisonment for a period of three months, and upon the conviction such magistrates and police judges shall impose sentence.

Sec. 56. General Penalties.-Any person, who shall by himself or through his agent violate any of the provisions of this act, shall except where another penalty is otherwise expressly provided, be deemed guilty of a misdemeanor, and upon conviction thereof shall, for the first offense, be fined the sum of one hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than sixty days, and for the second offense, shall be imprisoned in the county jail not less than sixty nor more than ninety days, and for the third and all other subsequent offenses shall be guilty of a felony, and shall be imprisoned in the penitentiary not less than six months nor more than two years, and shall in all cases pay the costs of prosecution.

Sec. 57. For the purpose of carrying this act into effect there is hereby appropriated out of any money in the general fund, for the biennium ending March 31, 1919, the sum of fifty thousand dollars, any portion of which shall be available upon. the order of the Governor for expenditure in the enforcement of the provisions of this act.

Sec. 58. Preservation of public peace. The legislature hereby declares this act to be for the immediate preservation of the public peace, health and safety, and all its provisions shall be liberally construed for that purpose.

Sec. 59. Repealing clause. That sections 3844 to 3894 inclusive of the Revised Statutes for the year 1913, and all acts and parts of acts in conflict herewith are hereby repealed; provided however, that this repeal shall in no wise effect any contract, right, claim, interest, title, action or liability which may have accrued, or any order, judgment, decree, sale, recognizance, instrument or proceeding made, entered, or had under any of the

Ch. 187, 188)

State Hail Insurance

451

provisions of the acts and parts of acts repealed, nor shall this repeal in any wise effect any criminal prosecution heretofore commenced, or any fine, penalty, forfeiture or punishment for crimes and misdemeanors committed before the taking effect of this act, prosecution for which shall be carried on and continued in the manner now provided by law, the same as if this repeal had not been made.

Sec. 60. Emergency clause.-Whereas an emergency exists therefore this act shall take effect and be in force from and after May 1st, A. D. 1917.

Approved, April 21st, 1917,

CHAPTER 188.

(House Roll No. 517.)

[Introduced by Messrs. Osterman, Reynolds, Rickard, Stearns and Regan.] AN ACT to establish a State Hail Insurance Department and to prescribe its powers, duties and procedure thereunder.

Be It Enacted by the People of the State of Nebraska:

Section 1. State hail insurance-zones-premiums. The State Insurance Board is hereby authorized and directed to create a branch department to be known as the "Hail Insurance Department of the State of Nebraska." The Insurance Board shall have general supervision and charge of said Hail Insurance Department, and the carrying into effect of the provisions of this act, and shall be known as the Commissioner of Hail Insurance. He shall have authority to expend out of the hail insurance fund the sum of not to exceed Twelve Hundred ($1200) Dollars annually for assistance and clerical hire to conduct such business. He shall also prepare and provide the necessary blanks, books, stationery and postage, and cause the same to be delivered to the proper officers and persons. The hail insurance department shall insure growing grain in any county in the state against loss by hail upon the terms and in the manner hereinafter set forth, and shall draw up and furnish form of hail insurance policy; provided, that all of the expense incurred under this act shall be audited and allowed by the State Auditor. For the purposes of this act the State

of Nebraska shall be divided into three zones: The first zone to consist of Knox, Cedar, Dixon, Antelope, Pierce, Wayne, Dakota, Thurston, Boone, Madison, Stanton, Cuming, Burt, Platte, Colfax, Dodge, Washington, Nance, Merrick, Polk, Butler, Saunders, Douglas, Sarpy, Hamilton, York, Seward, Lancaster, Cass, Clay, Fillmore, Saline, Otoe, Nuckolls, Thayer, Jefferson, Gage, Johnson, Nemaha, Pawnee, and Richardson counties; the second zone to consist of Harlan, Phelps, Gosper, Furnas, Keya Paha, Boyd, Brown, Rock, Holt, Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, Dawson, Buffalo, Sherman, Howard, Hall, Kearney, Adams, Franklin and Webster counties; the third zone to consist of Sioux, Dawes, Sheridan, Box Butte, Scotts Bluff, Banner, Kimball, Morrill, Cheyenne, Garden, Deuel, Cherry, Grant, Arthur, Keith, Perkins, Chase, Dundy, Hooker, Thomas, McPherson, Logan, Lincoln, Hayes, Frontier, Hitchcock and Red Willow counties. The premium for hail insurance in the first zone shall be twenty-five (25) cents per acre for each acre insured; the premium for hail insurance in the second zone shall be thirty-five (35) cents per acre for each acre insured; and the premium for hail insurance in the third zone shall be forty-five (45) cents per acre for each acre insured.

Sec. 2. Assessor as solicitor. It shall be and is hereby made the duty of each and every county, precinct, township, city and village assessor in the state, each within his respective district, at the time of listing the property for assessment, or thereafter, to inquire of the party assessed how many acres of crop, if any, such party desires to have insured in said state hail insurance department for the year in which said assessment is made, and at the same time inform said party the amount of premiums for said hail insurance, which must be paid for each and every acre insured; and if the party assessed is willing and consents to have all or part of his crops insured it shall be the duty of said assessor to take said application for such hail insurance on blanks furnished him for that purpose by the county clerk, the form of which must have been approved by the Commissioner of Hail Insurance and carefully describe each piece of land that he so insures, describing particularly the section or quarter section, or any subdivision thereof, and the township and county wherein the same is situated; also stating separately the number of acres of wheat, oats, barley, flax, corn, rye or other grain that said party so insures, and collect

Ch. 188)

Applications Premiums

453

the amount of premiums due as herein provided for each acre so insured or in such proportion as said party's interest may appear, and in addition the assessor may collect as an application fee a sum equivalent to one-half (2) cent per acre for each and every acre insured, and the assessor shall forward the application promptly, together with the premiums so collected, to the county clerk.

Sec. 3. Application for insurance-duty of county clerks. -Each county clerk in the state shall file and keep the insurance applications returned to him by the several assessors, and turn all moneys collected for each month for the insurance over to the county treasurer, the first of each succeeding month, taking his receipt therefor, and any party who fails to insure his crop with the assessor, as above described, may at any time up to and including the twenty-first day of August, apply to the county clerk of the county where the land is situated to have his crop insured, as provided in this act, by filling out and filing with the county clerk an application, as prescribed in Section 2 hereof, and upon the payment of the premium prescribed herein to said county clerk for such insurance, which premium shall be turned over to the county treasurer as above provided.

It is further provided that said insurance shall be in force and effect from the time of filing the application in the office of the county clerk, and until September 15th of each year. He shall also keep a record at the time of filing such application. The county clerk shall immediately issue and mail to each applicant his policy upon the filing of said application.

Sec. 4. Applications forwarded to insurance board.-On the first day of June, July and August, each and every county clerk within the state shall make out a list of all hail insurance applications filed in his office and forward the same at once to the department of hail insurance at Lincoln, and on or before the first day of September in each year, each and every clerk within the state shall make out in duplicate a list of all the hail insurance applications filed in his office, keeping one copy for his records and forwarding the other copy to the department of hail insurance at Lincoln, Nebraska.

Sec. 5. County treasurer keep premiums.-The county treasurer of each and every county in the state shall issue his receipt to the clerk for such premiums turned over to him and