Ch. 200, 201) Stealing Automobiles 479 CHAPTER 200. (House Roll No. 236.) [Introduced by Messrs. Auten, Lampert, Hughes, Olson and Mears.] AN ACT relating to the stealing, buying or concealing of automobiles and motorcycles. Be It Enacted by the People of the State of Nebraska: Section 1. Stealing automobile-penalty.-Whoever steals any automobile or motorcycle of any value; or receives or buys any automobile or motorcycle, knowing the same to have been stolen, with intent, by such receiving or buying, to defraud the owner; or conceals any automobile or motorcycle thief, knowing him to be such, or conceals any automobile or motorcycle, knowing the same to have been stolen, shall be fined in any sum not exceeding five hundred dollars, or be imprisoned in the penitentiary not more than ten years nor less than one year. Approved, April 25, 1917. CHAPTER 201. (House Roll No. 179.) [Introduced by Messrs. Stuhr and Jelen.] AN ACT relating to the larceny of motor vehicles and the altering or defacing of the numbers of motor vehicles, providing for the keeping of records by garage of motor vehicles; and providing penalties for the violation of this act. Be It Enacted by the People of the State of Nebraska: Section 1. Larceny-stealing automobiles. It is hereby made the duty of each and every person, firm, association, corporation, co-partnership operating a public garage in this state to keep for public inspection a record of the license numbers and engine numbers of all motor vehicles taken in or held in charge by said garage for the purpose of selling, rental, livery, storage or repair. Said record shall contain the name and address of the owner of the motor vehicle, the name and address of the person delivering or taking the motor vehicle to the garage and the license number and number of the engine thereof. The alteration or obliteration of said engine number shall be prima facie evidence of larceny of said motor vehicle, and the proprietor, agents, servants or employees, immediately upon the discovery of such obliteration or alteration, shall notify the sheriff and police officers of the proper county, and shall hold said motor vehicle for a period of twenty-four hours or until investigation shall have been made by the sheriff or police officers. Provided, however, such record need not be made when a motor vehicle is taken in or held in charge a second time, when the owner or driver is personally known to the proprietor of such garage, his agent or employees. Sec. 2. Penalty.-Any person, firm, association, corporation or co-partnership found guilty, personally or by agent, of violating any of the provisions of Section 1 of this act shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars and the costs of prosecution and shall stand committed to the county jail until said fine and the costs of prosecution are paid or otherwise discharged according to law. Sec. 3. Buying stolen automobile. Whoever knowingly and with intent to defraud another, buys, or receives any automobile, or other motor vehicle, which has been tampered with by altering, removing, destroying or defacing the manufacturer's serial number on the engine thereof, or which has been otherwise altered or defaced in such manner as to render its identification impossible, or difficult, without first ascertaining that the person so selling or delivering the same has a legal right to do so, shall be guilty of criminally receiving stolen property, and upon conviction shall be punished by imprisonment in the penitentiary for not more than two years, or by a fine of not more than $500.00 or by both such fine and imprisonment. Sec. 4. Altering or defacing automobile.-Whoever removes, defaces, covers, alters or destroys the manufacturer's serial number, or any other distinguishing number or identification mark of any other automobile or other motor vehicle for the purpose of misrepresenting the identity of such motor vehicle, shall be guilty of a felony and upon conviction shall be punishable by imprisonment in the penitentiary for not more than two years, or by a fine of not more than $500.00 or by both such fine and imprisonment. Approved, April 25, 1917. AN ACT relating to legal publications and notices and providing for the manner of their publication in daily, semi-weekly and tri-weekly newspapers. Be It Enacted by the People of the State of Nebraska: Section 1. Legal notices-publication of. That all legal publications and notices of whatever kind or character that may by law be required to be published a certain number of weeks shall be and they are hereby declared to be legally published when they have been published in one issue in each week in a daily, semi-weekly or tri-weekly newspaper, such publication in such daily, semi-weekly or tri-weekly paper or papers to be made upon any one day of the week upon which a paper is published, except Sunday; that the publication of such notice the succeeding week or weeks, if the same is required to be published more than one week, shall be upon the same day of the week as the first publication: Provided that nothing in this act contained shall be construed as preventing the publication of such legal notices and publications in weekly newspapers: And provided further that any newspaper publishing such legal notices or publications, as hereinbefore provided, must be otherwise qualified under existing law to publish such notices and publications. Approved, April 11, 1917. CHAPTER 203. (Senate File No. 215.) [Introduced by Mr. Chappell.] AN ACT to require persons who have taken contracts to erect, repair, or remove any house or other building and have received payment in whole or in part on said contract, to apply the amount so received so far as may be necessary in the payment of the lawful claims of those who would otherwise have a right to laborers' or materialmens' liens against the house or other building so erected, repaired or removed, and to provide a penalty for a failure so to do. Be It Enacted by the People of the State of Nebraska: Section 1. Mechanics' liens-removal of building.-That it shall be unlawful for any person, firm or corporation who has taken a contract for the erection, improvement, reparation or removal of any house, mill, manufactory or building of any kind for another and has received payment in whole or in part upon such contract to fail to apply the money so received, or so much thereof as may be necessary for that purpose, in payment of the lawful claims of such laborers or materialmen as would otherwise have a right to file a laborers' or materialmens' lien against said house or other structure, unless such person, firm or corporation, who has taken such a contract, shall have received and delivered to the owner of the property the written waiver of lien from all persons who otherwise would have a right to file a lien thereon. Sec. 2. Violations-penalty.-Any person, firm, or corporation, the members of any firm, or the officers of any corporation, violating the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than one thousand dollars, or be imprisoned in the county jail for any period of time not exceeding six months, or punished by both fine and imprisonment in the discretion of the court. Approved, April 11, 1917. CHAPTER 204. (Senate File No. 31.) [Introduced by Messrs. Samuelson and Soost.] AN ACT relating to the loss or death of mortgaged articles, and to provide a penalty for violation thereof. Be It Enacted by the People of the State of Nebraska: Section 1. Mortgage property-account of condition of property. Any person who, after having conveyed any article of personal property to another by mortgage shall, during the existence of the lien or title created by such mortgage, fail to give from time to time upon the demand of the mortgagee an accounting for such mortgaged property or in case of loss or death of such mortgaged articles, shall fail to produce within Ch. 205) National Guards 483 ten days after the knowledge of the loss or death, notice in writing to the mortgagee of such death or loss shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any such not less than five dollars nor more than one hundred dollars, or imprisoned in the county jail not exceeding ninety days. Approved, April 11, 1917. CHAPTER 205. (House Roll No. 423.) [Introduced by Mr. Beal.] AN ACT relating to the state and national defense, to organize the Nebraska National Guard to comply with an act of Congress approved June 3, 1916, entitled "An act for making further and more effectual provisions for the national defense and for other purposes," to create a state council of defense, to provide penalties for the violation of this act, to repeal Sections 3903, 3905, 3906, 3907, 3908, 3912, 3919, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3945, 3947, Chapter 41, Revised Statutes for 1913, and to declare an emergency. Be It Enacted by the People of the State of Nebraska: Section 1. National Guards-regiments-officers. The National Guard shall be recruited by volunteer enlistment and shall consist of the state administrative staff, a corps of engineers, a signal corps, not less than one or more than five regiments of infantry, not more than a regiment of cavalry, not more than a regiment of artillery, a medical corps, not more than one field hospital and one ambulance company, and one aero company. Sec. 2. Administrative staff. The staff of the commanderin-chief shall be known as the state administrative staff and shall consist of the adjutant general's department, the inspector general's department, the judge advocate general's department, quartermaster's corps, ordnance department and medical department. Sec. 3. Departments.-The adjutant general's department shall consist of: The adjutant general with the rank of brigadier |