shall have been revoked for any misdemeanor against the laws of this state, then the board of county commissioners or council of any city shall refuse to grant said application for license.

any

be reduced to

peal to district court.

SEC. 3. On the hearing of any case arising under the Testimony to provisions of this act, the testimony shall be reduced to writing ap writing and filed in the office of application, and if party feels himself aggrieved by the decision in said case, he may appeal therefrom to the district court, and said testimony shall be transmitted to said district court, and such appeal shall be summarily decided by the judge of such court upon said evidence alone.

bond shall

on

for another.

SEC. 4. No person who is holden as the principal upon Principal not any bond issued under the provisions of section five hun- become surety dred and seventy-two, chapter fifty-three of the code of criminal procedure, shall be permitted to become a surety upon any other bond of like character: Provided, Any party interested shall have process to compel the attendance of witnesses, who shall have the same compensation as now provided by law in the district court, and the costs shall be paid by the party filing complaint in case license be granted.

resenting age.

SEC. 5. Any minor who shall, for the purpose of Minor misrepevading the provisions of section five hundred and seventy-five of chapter fifty-three of the code of criminal procedure, falsely represent his age, shall be deemed guilty of a misdemeanor and fined for each and every offense not exceeding twenty dollars, or imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the

court.

SEC. 6. All acts or parts of acts inconsistent with this Acts repealed. act are hereby repealed.

SEC. 7. This act shall take effect and be in force from

and after its passage.

Approved, February 25, 1875.

Crime against nature, how punished.

Embezzlement by clerks, ap. prentices or

servants.

Conversion by bailee.

Defining certain crimes and providing punishment therefor.

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

SECTION 1. That the infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the penitentiary for a term not less than one year and my [may] extend to life. SEC. 2. That if any clerk, apprentice or servant, whether bound or hired, to whom any money, bank bill, or note, or goods, or chattels shall be intrusted or delivered by his or her master or mistress, shall withdraw himself or herself from his or her master or mistress and go away with the said money, bank bill or note, or goods, or chattels, or any part thereof, with intent to steal the same and defraud his or her master or mistress thereof, contrary to the trust and confidence in him or her reposed by his or her said master or mistress, shall embezzle the said money, bank bill or note, goods or chattels, or any part thereof, or otherwise shall convert the same to his or her own use, with like purpose to steal the same, every such person so offending shall be deemed guilty of larceny, and be punished accordingly.

SEC. 3. That if any bailee of any money, bank bill or note, goods or chattels, shall convert the same to his or her own use, with intent to steal the same, he shall be deemed guilty of larceny in the same manner as if the original taking had been felonious, and on conviction thereof shall be punished accordingly.

SEC. 4. That if any lodger shall take away, with in- Larceny of bedding, furnitent to steal, embezzle or purloin, any bedding, furniture, ture, etc. goods or chattels which he or she is to use in or with his or her lodging, he or she shall be deemed guilty of larceny, and on conviction shall punished accordingly. Approved, February 25, 1875.

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

oils, how tes

SECTION 1. That it shall be unlawful for any person Illuminating or persons to offer for sale, for illuminating purposes, as ted. agent, or otherwise, any mineral, or petroleum oil, or any oil fluid, or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found as a constituent element, until after he, or they have tested the same in the manner following, to-wit: By taking not less than half a pint of the oil, fluid, or substance to be tested, and placing the same in a small vessel, in which there is no other substance, of such dimensions that the surface of the oil, fluid or substance shall not exceed four square inches in area, and placing a Fahrenheit's thermometer in said oil, fluid or substance in said vessel, in such manner that the thermometer will indicate the temperature of the oil, fluid, or substance

Penalty for selling.

Same.

being tested, which shall then be gradually heated at a rate of not less than two degrees per minute, Fahrenheit, to a temperature at which said oil, fluid, or substance will emit a gas, or vapor that will ignite by bringing the flame of a lighted match, or other burning taper, in contact with the surface of the article being tested, with such frequency, and in such a manner as to ascertain the exact temperature by said thermometer at which said fluid, oil, or substance will emit a gas that will ignite, and if it will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, then it is hereby declared to be dangerous, and it shall be unlawful to sell or offer the same for sale.

SEC. 2. That any person or persons who shall offer for sale, for illuminating purposes, any oil, fluid, or substance mentioned in the first section of this act, until after he, or they, have tested, or caused the same to be tested, as prescribed by this act, or who shall offer for sale for illuminating purposes, any of said articles that will emit a gas, or vapor, that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, under the test prescribed in this act, he, or they shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than one hundred dollars, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of the prosecution.

SEC. 3. That if any person or persons, manufacturer, refiner, or wholesale dealer, of any oil, fluid, or substance mentioned in the first section of this act, as agent, or otherwise, shall sell for illuminating purposes, any oil, fluid, or substance mentioned in said section, that will emit a gas or vapor that will ignite at any temperature under one hundred and ten degrees Fahrenheit, under the test in this act prescribed, he, or they, shall be guilty of a misde

meanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisonment in the jail of the county not exceeding twenty days, or both, at the discretion of the court trying the case, and shall pay the costs of prosecution.

SEC. 4. That if any person or persons, shall sell. for illuminating purposes, and in a quantity of less than one barrel at a single sale, any oil, fluid, or substance, that will emit a gas, or vapor, that will ignite at any temperature below one hundred and ten degrees Fahrenheit, under the test prescribed by this act, he, or they, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than twenty-five, nor more than two hundred dollars, or imprisonment in the jail of the county not exceeding ten days, or both, at the discretion of the court, and shall pay the costs of prosecution.

Same.

perty, etc.

for

SEC. 5. That if any person shall sustain any damage Dames fr to his property, or injury to his person, by reason of a violation of any of the provisions of this act by another person, the person guilty of said violation shall be liable to the person injured for all damages sustained thereby, and in case any person violating the provisions of this act shall, by such violation, cause the death of another, he shall be guilty of manslaughter, and on conviction thereof, shall be punished according to the provisions of the section of the criminal statute defining that crime.

when void.

SEC. 6. That any and all contracts made in violation Contracts, of the provisions of this act are hereby declared to be void, and the vendor may return the oil, fluid, or substance purchased, at the expense of the vendor, and recover from the vendor all that he has paid therefor, including all charges for transportation, and all other damages resulting from said sale.