ing business within this State which issue rebate vouchers or certificates or make any promises, verbal or in writing, to allow within a specified time a reduction in the price charged upon the condition of the sale, shall deposit in such Trust Company or Companies, or such Bank or Banks in the State of Nebraska, as shall from time to time be appointed and designated by the State Auditor under his hand and seal, such sum or sums of money, as shall be equal in amount to such rebate vouchers or certificates issued, or promises made as aforesaid upon or derived from the business done in this State by such incorporated Companies, Trusts and Associations, firms or individuals as security for the payment of all such rebate vouchers, certificates or promises, And all sales made or Contracts not contracts formed by or with any such Companies, Trusts and Associations, firms or individuals, shall not be lawful and binding upon the citizens of this state, unless such Companies, Trusts and Associations, firms and individuals shall have complied with the provisions of this act. binding. certified by lien on deposit; transferable. SEC. 2. It shall be duty of the proper officers Vouchers; of the Company or Companies, Bank or Banks depository: holding such deposited sum or sums for the security and payment of such rebate vouchers, certificates or promises, to properly and officially certify all such rebate vouchers, certificates or promises, if made in writing, on presentation, and the same shall thereupon become a legal lien upon all such sum or sums so deposited and held by such Trust Company or Companies, Bank or Banks, as herein provided. And all such rebate vouchers, certificates or promises, if made in writing, shall also be Monthly report to auditor. Notice from auditor. Designation of transferable at the option of the payee by endorsement thereon by the payee and subsequent endorsees and when due shall be payable by such depository upon presentment by the person legally entitled thereto. SEC. 3. It shall be the duty of all incorporated Companies, Trusts and Associations, firms or individuals doing business in this state as provided in Section one (1) of this act, to notify the State Auditor on the fifth day of each month, or if that day be a Sunday or legal holiday, on the day following, of the number and amount of all rebate vouchers or certificates issued by them or promises made by them as herein before described upon their business done in this State within the preceding month, and the said Auditor within ten days thereafter, shall notify and direct such incorporated Companies, Trusts and Associations, firms or individuals, to deposit within ten days after the date of such notice or direction in such Trust Company or Companies, Bank or Banks as shall be appointed and designated by said auditor, such sum or sums, as shall be equal in amount to all such rebate vouchers or certificates so issued or promises made by them as herein provided to secure the payment of the same. depositories. SEC. 4. Within twenty days after this act shall take effect, the auditor of the State shall designate and appoint such good and reliable Trust Company or Companies, or such good and reliable Bank or Banks in the State of Nebraska, as depositories of such sum or sums as are herein provided, as shall agree to pay the largest amount of interest upon such sum or sums as they may receive on de deposits. Penalties for posit to secure the payment of the rebate vouchers or certificates issued or promises made by such incorporated Company or Companies, Trusts and Associations, firms or individuals, such interest to be Interest on paid to the incorporated Company or Companies, Trusts or Associations, firms or individuals depositing such sum or sums as provided for in this act. SEC. 5. Any incorporated Company, Trust, violating act. Association, firm or individual, who shall violate any provision of this act, shall forfeit all right to transact or do business in this State, and any officer, agent, servant or other employe of any such incorporated Company, Trust or Association, firm or individual, who shall represent or attempt to transact or to do business in this State after such incorporated Company, Trust or Association, firm or individual has violated any provision of this act, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand ($1,000) dollars, nor more than five thousand ($5,000) dollars, and by imprisonment in the Penitentiary for not less than one year nor more than two years, or by both such fine and imprisonment. And any citizen or inhabitant of this State, who shall knowingly make a sale or enter into a contract with any such Company, Trust or Association, firm or individual who have failed to comply with the provisions of this Act, shall be deemed guilty of a felony and upon conviction shall be punished by a fine of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars; and by imprisonment in the penitentiary for not less than one year, nor Repealing clause. Emergency. more than two years, or by both such fine and imprisonment. SEC. 6. All acts and parts of acts inconsistent or in conflict with this act, are hereby repealed. SEC. 7. This being a case of emergency this act shall take effect and be in force from and after its passage. Approved April 6, A. D. 1893. [Senate File No. 63.] CHAPTER 26. Amending and establishment, alteration of highway. AN ACT to repeal Section 1832, Chapter 18, of the Consolidated Statutes of Nebraska, entitled "Highways" and to enact a substitute therefor. Be it Enacted by the Legislature of the State of That Section 1832, of Chapter 18, of the Consolidated Statutes of Nebraska, be repealed and the following enacted in lieu thereof: Within twenty days after the day is fixed by the clerk as above provided a notice shall be served on each owner or occupier of land lying in the proposed highway or abutting thereon, as shown by the numerical indexes in the Register's office, who reside in the county, in the manner provided for the service of original notices in actions at law; such notice shall also be published for four weeks in some newspaper published in the county if such there be, or if there be no newspaper published in the county then such notice shall be posted in at least three public places along the line of the proposed road, which notice may be in the following form: in To whom it may concern: The Commissioners day of or [Senate File No. 25.] CHAPTER 27. AN ACT to amend section one thousand eight hundred and fifty- Be it Enacted by the Legislature of the State of 1857, Consol. sec. 43, chap. 78, Comp. SECTION 1. That Section one thousand eight Amending sec. hundred fifty-seven of Chapter eighteen of the Stats., 1891; Consolidated Statutes of Nebraka entitled "Highways" be and the same is hereby amended to read as follows: Stats., 1891. Section 1857. If the appeal has been taken by Costs on appeal the claimant and he fails to recover on his appeal from allowance of damages from laying out new an amount greater than the amount allowed him road. |