Acts repealed. The in violation of the provisions of this section. SEC. 2. This said original section eighty-six, and all Gen. Stat., 739. acts and parts of acts, conflicting with this act, are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, February 25th, 1875. Selling liquor to Indians. SECTION 1. Selling liquor to Indians, etc. AN ACT To amend section five hundred and seventy-five, of chapter fiftyeight, of the criminal code. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That section five hundred and seventyfive, of chapter fifty-eight, of the criminal code of the general statutes, be amended to read as follows: Sec. 575. Any person so licensed, who shall sell any intoxi cating liquor to an Indian, insane person, or idiot, shall be subject to a fine of not less than fifty dollars, nor more than one hundred dollars, for every such offense, which said fine shall be paid into the school fund and distributed as herein before provided, to be sued for and collected, before any court of competent jurisdiction, as prescribed in the preceding section of this chapter. The word "Indian" in this section shall mean any person living on the reservation, belonging to any tribe, and drawing an annuity from the general government, through the Indian department. SEC. 2. This act shall take effect and be in force from and after its passage. Approved, February 9, 1875. Section. 1. Punishment for playing three card monte, etc. 2. Selling prize packages on railroad trains. Section. 3 Duties of conductors and AN ACT For the punishment of players of three card monte, and other confidence games, and of persons for selling on railroad trains prize packages, and other prizes, or offering the same for sale. Be it enacted by the Legislature of the State of Nebraska : SECTION 1. That whoever shall, in this state, deal, Punishment for playing threeplay or practice, or be in any manner accessory to the card-monte. dealing, playing, or practicing of the confidence game or swindle, known as three card monte, or of any such game, play, or practice, shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by a fine not Selling prize packages on exceeding five thousand dollars, and by confinement in the penitentiary not less than two nor more than five years. SEC. 2. Whoever shall, in this state, or on any railrailroad trains, road car, coach, or train, practice any confidence game not mentioned in the preceding section, or shall sell any prize packages, or other prize, or offer the same for sale, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars, and by imprisonment in the county jail not exceeding three months. Duties of conductors and brakemen. SEC. 3. It is hereby made the duty of railroad conductors, brakemen on railroad trains, and of any other person or persons cognizant of this act, to immediately arrest the person so offending, without warrant or other process, and call upon all bystanders or others for assistance, when the same may be necessary to enable them to make such arrests; and when such offense is committed on any railroad car, coach, or train, the venue shall lie, and the person be tried in any county through which such railroad may run; any law to the contrary notwithstanding; and the employees of any such railroad company shall have the power and authority to eject any such person or persons by force from the cars of such company whenever such person or persons shall be found practicing or attempting to practice any such game therein. SEC. 4. This act shall take effect and be in force from and after its passage. Approved, February 25, 1875. Section. Section. 3. Justices of the peace to have 1. Catching fish in certain cases. 2. Penalty. AN ACT To prohibit the catching of game fish in certain cases. Be it enacted by the Legislature of the State of Nebraska : certain cases. SECTION 1. That it shall be unlawful to catch, inter- Catching fish in fere with or destroy, by the use of any seine, dip-net, setnet, trammel-net, or basket, any black bass, willow bass, pickerel, pike, trout, jack-salmon, perch or any other game fish, in any lake, pond, slough or other body of water, lying in whole or in part within the state of Nebraska, which does not, at all seasons of the year, have a natural inlet and outlet from and into some river, creek or other stream of water, without first having obtained the consent of the owners of the land upon which is situated any such lake, pond, or slough as aforesaid. SEC. 2. Any person or persons who shall violate the provisions of the foregoing section, shall, upon conviction thereof, for the first offense, be fined in any sum not less than fifty dollars, nor more than one hundred dollars, and for the second and every subsequent offense shall, in addition to such fine, be imprisoned in the county jail not less than one nor more than six months. Penalty. peace to have SEC. 3. Justices of the peace shall have the same Justices of the jurisdiction in all cases arising under the provisions of jurisdiction. this act, and the same proceedings had as is now provided by law, for the arrest, trial and conviction of persons charged with the commission of misdemeanor. SEC. 4. This act shall take effect and be in force from and after its passage. Approved, February 2, 1875. Applications for license to sell liquors, To regulate the issuance of license for, and the sale of malt, vinous, and spirituous liquors in the state of Nebraska. Be it enacted by the Legislature of the State of Nebraska : SECTION 1. All applications for license to sell malt, spirituous and vinous liquors in the state of Nebraska made Gen. Stat., 851. to commissioners of any county or council of any city in Objection against license, how consid ered. this state, shall lie over for the space of two weeks before action is taken thereon, when, if there be no objection in writing made and filed to the issuance of said license, and the provisions of chapter fifty-three of the code of criminal procedure have been fully complied with, it may be granted. SEC. 2. If there be any objection, protest, or remonstrance filed in the office where the application is made against the issuance of said license, the county commissioners or city council shall appoint a day for a hearing of said case, and if it shall be satisfactorily proven that the applicant for license has been guilty of the violation of the provisions of sections five hundred and seventy-two, five hundred and seventy-four, and five hundred and seventy-five, chapter fifty-three of the code of criminal procedure, or any other restrictions now legally placed upon the sale of malt, spirituous, and vinous liquors within the space of one year, or if any former license |