county board.

as a village, and such county board shall act upon said petition the same as if said village were situated wholly within the county where said petition shall be presented. And if the said county board shall de- Declaration of clare such village incorporated, the said village shall thereafter be governed by this act, and the provisions of the statutes of this state, applicable to the government of villages. And the county Certificate of clerk of said county shall immediately certify the proceedings relating to the incorporation of such village, to the county board of each other county, in which any part of said village is situated, and each county board, to which the said proceedings shall be certified, shall enter such proceedings upon their records.

county clerk.

peace; juris

diction.

SECTION 2. Justices of the Peace, residing in Justices of the any precinct or township in which any part of such village is situated, shall have jurisdiction in all matters arising under the ordinances of said village.

lage board.

SEC. 3. The board of trustees of any such vil- Vacancy in village shall have power to fill by appointment any vacancy that may occur in their number.

SEC. 4. That any incorporated village situated Use of jails.

in two or more counties, may have the right to use the jails of any and all counties, in which any part

of such village is situated.

Certificates of

SEC. 5. That taxes levied for village purposes, tax levies in villages situated in two or more counties, shall be certified to the county clerk of each county, in which any part of such village is situated and said county clerk shall place the same on the proper tax list.

Legalizing past

SEC. 6. That all villages, situated in two or more nets.

Notices and publications.

Repealing clause.

Emergency.

counties, which have been declared incorporated by the county boards of all counties, in which any part of said villages are situated, are hereby declared to be duly and lawfully incorporated, and such villages, and their boards of trustees, and the officers by them appointed, and all acts done, and all ordinances adopted by them, are hereby declared to be legal and valid, if such acts and ordinances would be legal and valid when done and adopted by the legally constituted board of trustees of any village.

SEC. 7. That all notices and other publications, required by law to be published in any county, in which any part of an incorporated village is situated, may be published in any newspaper published in said village, and such publication shall have the same force and effect, as it would have if published in each and every county in which any part of such village is situated.

SEC. 8. That all acts and parts of acts, inconsistent with this act, are hereby repealed.

Whereas, an emergency exists, this act shall take effect and be in force from and after its passage. Approved April 8, A. D. 1893.

[Senate File No. 44.]

CHAPTER 10.

AN ACT to provide that all persons shall be entitled to the same civil rights, to punish all persons for violations of its provisions, to repeal sections 317 and 318 known as Chapter 8, Civil Rights, Consolidated Statutes of Nebraska of 1891, as heretofore existing, and to repeal all acts and parts of acts inconsistent with the provisions of this act.

Be it Enacted by the Legislature of the State of
Nebraska:

1, chap. 14a, Comp. Stats., Consol. Stats.,

Civil rights.

SECTION 1. All persons within this state shall Amending sec. be entitled to a full and equal enjoyment of the ac-1891; sec. 317, commodations, advantages, facilities and privileges 1891. of inns, restaurants, public conveyances, barber shops, theaters and other places of amusements; subject only to the conditions and limitations established by law and applicable alike to every per

son.

2, chap. 14a, Comp. Stats.,

Consol. Stats.,

SECTION 2. Any person who shall violate the Amending sec. foregoing section by denying to any person, except 1891; Bec. 318, for reasons by law applicable to all persons, the full 1891. enjoyment of any of the accommodations, advantages, facilities or privileges enumerated in the foregoing sections, or by aiding or inciting such denials, shall for each offense be deemed guilty of a misdemeanor, and be fined in any sum not less than twenty-five (25) dollars, nor more than one hun- Penalty for viodred (100) dollars, and to pay the costs of the prosecution.

lating act.

Repealing clause,

SECTION 3. Sections 317 and 318 known as Repe Chapter 8, Civil Rights, Consolidate Statutes of Nebraska of 1891, as heretofore existing, and all

Emergency.

acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SECTION 4. Whereas an emergency exists therefore this act shall take effect and be in foree from and after its passage.

Approved March 17th, 1893.

[Senate File No. 6.]

CHAPTER 11.

Transfer witches.

Relief by State Board of Transportation.

AN ACT to regulate railroads and to compel them to put in transfer switches.

Be it Enacted by the Legislature of the State of
Nebraska:

SECTION 1. That all railroads touching the same point in this State at which point such railroads receive and deliver freight or at some near point, shall build and maintain transfer switches for common use in transferring freight in car load lots, from one such railroad to another and receive and forward all such freight according to the provisions of this act.

Provided, That the railroads interested may apply to the State Board of Transportation to be relieved of this duty in any case where its performance is unusually burdensome, and if upon a personal examination of the locality where the transfer switches are to be put in, and taking testimony of persons residing in the locality, by the secretaries of such Board, they find it unjust and unreasonable to require the building of such transfer switches, then such board may relieve such roads

of such duty, and that evidence from any locality

along the lines of roads interested shall be consid

ered by the said board and be competent testimony in such case.

Delivery of

transfer switch.

Section 2. That whenever a shipper of freight freight on from any point in this State to any other point in this State over two or more lines of railroads to reach such point of destination, it shall be the duty of all such railroads as come under the provisions of this act to receive and deliver all such freight in car lots on board cars upon such transfer switch.

The railroad company at point of shipment shall Through way. make a through way bill to point of destination and the rate to be charged for such shipment shall not be the sum of two or more locals, but shall be apportioned between the different roads according to the mileage of each necessarily used in such shipment, and shall be the rate for the shortest mileage distance by any railroad between point of shipment and point of destination.

No extra

SECTION 3. No railroad or transportation com-charge. pany shall make any extra charge for delivering or receiving such freight in car lots on such transfer switch.

Cost of build

Penalty for vio

SECTION 4. Be it further provided that the cost ing switches. of building the transfer switches shall be borne equally between the different roads which are connected by the switches herein before provided for. SECTION 5. If any railroad company or com-lating act. panies shall neglect or refuse to comply with the provisions of this act within sixty days from its taking effect, such railroad company or companies shall be deemed guilty of a misdemeanor and subject to a fine of not less than fifty dollars ($50)