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accused person, shall examine the complainant under oath, respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers, together with every other part of the examination, shall be reduced to writing by the justice of the peace, and if, on such examination, the party accused shall pay or secure to be paid to the complainant, such sum or sums of money or property as she may agree to receive in full satisfaction, and shall further give bonds to the county commissioners of the county in which said complainant shall reside, and their successors in office, conditioned to save such county, free from all charges toward the maintenance of said child, then and in that case the justice shall discharge the party accused out of custody, or [on] his paying the costs of prosecution; Provided, That the agreement aforesaid shall be made or acknowledged by both parties in the presence of the justice, who shall thereupon enter a memorandum of the same upon his docket. [1875, 53.]

SEC. 2. [Suit by commissioners.]-That, when any woman has a bastard child, and neglects to bring a suit for its maintenance, or commences a suit and fails to prosecute to final judgment, the county commissioners in any county interested in the support of any such bastard child, where sufficient security is not offered to save the county from expense, may bring a suit, in behalf of the county, against him who is accused of begetting such child, or may take up and prosecute a suit begun by the mother of the child.

SEC. 3. [Recognizance.]-That in case such accused person does not comply with the provisions in the first section of this act contained, the justice to whom such complaint was made shall bind such persons in a recognizance to appear at the next term of the district court, with sufficient security, in a sum not less than five hundred dollars, nor more than two thousand dollars, for the benefit of the county in which such bastard child shall be born, to answer such accusation, and to abide the order of the court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer such complaint.

SEC. 4. [Renewal of recognizance.]-That if at the time of such court, the woman be not delivered, or be unable to attend, the court shall order the renewal of the bonds of recognizance, that the accused person shall be forthcoming at the next court after the birth of the child, at which the mother of said child shall be able to attend; and the continuance of such bonds shall be entered by order of said court, unless the security shall object thereto, and shall have the same force and effect as a recognizance taken in court for that purpose.

SEC. 5. [Trial-Evidence.]-That when such accused person shall plead not guilty to such charge before the court to which he is recognized, the court shall order the issue to be tried by a jury; and at the trial of such issue the examination before the justice shall be given in evidence, and the mother of the bastard child shall be admitted as a competent witness and her credibility be left to the jury; Provided, always, that no woman shall be admitted as a witness as aforesaid, who has been convicted of any crime which would by law disqualify her from being a witness in any other case; and on the trial of the issue the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also, any variations in her testimony before the justice and that before the jury; and also, any other confession of her, at any time, which does not agree with her testimony, on any other pleas or proofs made and produced on behalf of such accused person.

SEC. 6. [Proceedings if defendant found guilty.]-That in case the jury find the defendant guilty, or such accused person before the trial shall con

SEC. 5. New trial granted on ground of alibi proved. 6 Neb. 307. Three peremptory challenges allowed at trial. 16 Neb. 280. Evidence of paternity of child. 16 Neb. 631. Evidence of sexual intercourse of prosecutrix with other men does not destroy her competency as a witness. Id.

SEC. 6. Verdict of guilty; court should adjudge defendant to be reputed father. 6 Neb. 309. On a verdict of not guilty court may adjudge costs against defendant. 14 Neb. 210. Marriage of parties encouraged, but cannot be enforced or made condition of support of child. 16 Neb. 280.

fess in court that the accusation is true, he shall be judged the reputed father of said child, and shall stand charged with the maintenance thereof in such a sum or sums as the court may order and direct, with payments of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and in case the said reputed father shall neglect or refuse to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the county, to remain till he shall comply with the order of the court.

SEC. 7. [Bail.]-When any defendant to a complaint of bastardy shall have been committed to jail on neglect or refusal to find the security required by the third section of this act, or on failure of such defendant to renew his recognizance as required by the fourth section of this act, it shall be lawful for any judge of the district court, or probate judge within his county, to admit such defendant to bail by recognizing him in such sum and with such securities as such judge shall deem proper, conditioned for the appearance of such defendant before the proper court to answer the complaint made, under which he stands charged; and for taking such bail the said judge may by his special warrant, under his hand, require the sheriff or jailer to bring such defendant before him at the court house of the proper county, at such time as in such warrant the judge may direct; Provided, that in fixing the amount of bail, the judge admitting the same, shall be governed in the amount and quality of bail required by the third section of this act.

SEC. 8. [Warrant for arrest of accused.]-The warrant authorized to be issued by this act, against any accused person, shall authorize and empower the officer to which it is directed, to pursue and take the accused person in any county in this state, and to bring said accused person before the justice who issued said warrant, to answer the complaint made against him. SEC. 9. [Repealed act of 1873, G. S. 404.]

CHAPTER 38.-IMPROVEMENTS ON PUBLIC LANDS.*

SECTION 1. [Sale of improvements.]-All contracts, promises, assumpsits, or undertakings, either written or verbal, which shall be made hereafter in good faith, and without fraud, collusion, or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts. [R. S. 186. G. S. 409.]

SEC. 2. [Deeds.]-All deeds of quit-claim, or other conveyance, of all improvements upon public lands, shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises.

CHAPTER 39.-INNKEEPERS.t

SECTION 1. [Notice-Valuables.]-That hereafter every landlord or keeper of a public inn or hotel in this state, who shall constantly have in his inn or hotel an iron safe in good order, and suitable for the safe custody of money, jewelry, or other valuable articles belonging to his guests or customers, shall keep posted conspicuously at the office and in other public rooms or halls of his inn or hotel, notices to his guests or customers, that they must leave their money, jewelry and other valuables with the landlord, his agent or clerk, for the safe keeping, that he may make safe deposits of the same in the place provided for that purpose. [1875 § 1, 157.]

SEC. 2. [Same-Loss-Liability of landlord.]-That such landlord, hotel or innkeeper as shall comply with the requirements of the first section of

*NOTE.-Chap. XXIX, R. S. 186. Chap. 30, G. S. 409.

SEC. 1. The sale and surrender of a homestead claim on public lands together with improvements thereon, is a good consideration for a promissory note. 7 Neb. 422. 13 Id. 505. SEC. 2. See 2 Neb. 111.

+NOTE. "An act concerning innholders or hotel keepers and their guests." Laws 1875, 157. Took effect Feb. 19, 1875.

this act, shall not be liable for any money, jewelry, or other valuables of gold or silver, or rare or precious stones, that may be lost, if the same is not delivered to said landlord, hotel or innkeeper, his agent or clerk, for deposit, unless such loss shall occur by the hand, or through the negligence of the landlord, or by a clerk or servant employed by him in such hotel or inn; Provided, That nothing herein contained shall apply to such amount of money and valuables as is usual, common and prudent for any such guest to retain in his room or about his person.

SEC. 3. [Defrauding landlord-Penalty.]—Any person who shall put up at any hotel or inn and shall procure any food, entertainment, or accommodation, without paying therefor, except where credit is given by express agreement, with intent to cheat or defraud the owner or keeper thereof out of the pay for the same; or who with intent to cheat or defraud such owner, or keeper out of the pay therefor, shall obtain credit at any hotel or inn for such food, entertainment, or accommodation, by means of any false show of baggage or effects brought thereto; or who shall with such intent remove, or cause to be removed, any baggage or effects from any hotel or inn, while there is a lien existing thereon for the proper charges due from him for fare and board furnished therein, shall be punished by imprisonment not exceeding three months, or by a fine not exceeding one hundred dollars.

SEC. 4. [Fire Escapes.]-It is hereby made the duty of every keeper or owner of every hotel or lodging house in this state, of over two stories in height, to provide and securely fasten in every lodging room above the second story, which has an outside window and is used for the accommodation of guests or employes, a rope or rope ladder for the escape of the lodgers therein, in case of fire, of at least one inch in diameter, which shall be securely fastened within such room, as near a window as practicable, and of sufficient length to reach therefrom to the ground on the outside of such hotel or lodging house, and made of strong material and as secure against becoming inflamed as practicable. Such rope or rope ladder shall be kept in good repair and condition. In lieu of a rope or rope ladder there may be substituted any other appliance that may be deemed of equal or greater utility by the fire department, or such other authority as may have the control of fire regulations in the city or town where such hotel or lodging house is located; but such appliance shall, in all cases, be so constructed as to be under the control and management of any lodger in such room. [1883, chap. XLVII.]

SEC. 5. [Balconies.]-The owner or owners of every hotel or lodging house in this state, over three stories in height, shall provide without delay, such hotel or lodging house with permanent iron balconies, with iron stairs leading from one balcony to the other, to be placed at the end of each hall above the third story, in case such hotel is over one hundred feet in length, and in other cases such number as may be directed by the fire department, or such other authority as may have the control of fire regulations in any city or town where such hotel or lodging house is located. Such balconies and iron stairs shall be constructed at the expense of the owner of such hotel or lodging house.

SEC. 6. [Notices.]-It shall be the duty of every such proprietor or keeper of any hotel or lodging house to post notices in every such room of such hotel or lodging house, calling attention to the fact that this act has been complied with, and the part of such room where such coil of rope or rope ladder is fastened.

SEC. 7. [Penalty.]-Any violation of any of the provisions of this act hereinbefore contained shall be deemed a misdemeanor and indictable as such; and any person convicted thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars and costs of prosecution, and imprisoned until such fine and costs are paid.

SEC. 8. [Watchman.)-In hotels or lodging houses containing more than fifty rooms, and being four or more stories high, the proprietor or lessee of each hotel or lodging house shall employ and keep at least one competent watchman,

whose duty it shall be to keep watch and guard in such hotel or lodging house against fire, and to give warning in case a fire should break out. Such watchman shall be on duty between the hours of nine o'clock P. M. and six o'clock A. M., and in case of fire he shall instantly awaken each guest and all other persons therein and inform them of such fire. A large alarm bell or gong shall be placed on each floor or story, to be used to alarm the inmates of such hotel or lodging house in case of fire therein, It shall be the duty of every proprietor, or keeper of such hotel or lodging house, in case of fire therein, to give notice of same to all guest and inmates thereof at once, and to do all in their power to save such guest and inmates.

SEC. 9. [Same-Penalty.1-Should such watchman leave his post of duty in such hotel or lodging house for more than fifteen minutes at any one time during the hours specified for him to be on watch, or if he shall sleep while on duty, or if he shall fail to awaken the persons sleeping in such hotel or lodging house, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not exceeding one year, or by a fine of not less than fifty dollars nor more than five hundred dollars.

SEC. 10. [Penalty.-Every proprietor of such hotel or lodging house who shall fail to comply with the requirements of section eight of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in the same manner as is provided in section seven of this chapter.

SEC. 11. [Grand jury.]-This act shall be given in charge to the grand jury at each session. And they shall make due inquiry and indict and bring to trial all parties found guilty of violating any of its provisions.

SEC. 12. [Fines.]-All fines imposed or collected for any violation of the provisions of this act shall be paid to the treasurer of the county where such offense is committed for the use and benefit of the common school fund.

SEC. 13. [Hotels hereafter constructed.]-All hotels or lodging houses hereafter constructed in this state over two stories in height and over one hundred feet in length, shall be constructed so that there shall be at least two stairways for the use of the guests leading from the ground floor to the uppermost story. And all out doors shall be so hung that they shall open on the outside instead of the inside of such hotel.

CHAPTER 40-INSANE.

SECTION 1. [Location.]-That the hospital for the insane located at Lincoln, in the county of Lancaster, shall be known under the name and by the title of the "Nebraska Hospital for the Insane," and shall be under the charge of three trustees, two of whom shall constitute a quorum for the transaction of business. S. 411.]

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SEC. 2. [Post office privileges of inmates.]-That henceforth there shall be no censorship exercised over the correspondence of inmates of the hospital for the insane in this state, but their postoffice rights shall be as free and unrestrained as are those of any resident or citizen of this state, and be under the protection of the same postal laws. And every inmate shall be allowed to write when and whenever he or she desires to any person he or she may choose. And it is hereby made the duty of the superintendent to furnish each and every inmate of each and every insane asylum in this state with suitable material, at the ex

NOTE.-"An act for the government of the hospital for the insane, defining the legal relation of insane persons, and providing for their care and protection." G. S. 411 Took effect Mar. 3, 1873. Government now vested in board of public lands and buildings. Const. sec. 19, Art. VII, Chap. 83.

pense of the state, for writing, enclosing, sealing, stamping, and mailing letters, sufficient for writing at least one letter a week, provided they request the same, unless they are otherwise furnished with such material; and all such letters shall be dropped by the writers thereof, accompanied by an attendant when necessary, into a postoffice box, provided by the state at the hospital for the insane, and kept in some place easy of access to all the patients; and the contents of such postoffice box or boxes shall be collected once every week by an authorized person and by him placed into the hands of the United States mail for delivery. And it is hereby made the duty of the superintendent of every hospital for the insane in the state, either public or private, to deliver or cause to be delivered to said person any letter or writing to him or her directed, without opening or reading the same, or allowing it to be opened or read, without consent of the recipient of such letter, or the request or consent of the writer.. [1883, chap. LXIX.]

SEC. 3. [Penalty.]-That any person refusing or neglecting to comply with, or willfully and knowingly violating any of the provisions of this act, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years nor less than six months, or by a fine not exceeding $500, or both, at the discretion of the court, and by ineligibility to any office in the asylum afterward. [Id. § 2.]

SEC. 4. [Act posted.]-A printed copy of this act shall be framed and kept posted in every ward of every hospital for the insane, both public and private, in the state of Nebraska. [Id. § 3.]

SEC. 5. [Government.]-The trustees shall have the general control and management of the hospital; they shall have full power to make all by-laws necessary for the government of the same, not inconsistent with the constitution and laws of this state, and to conduct the affairs of the institution in accordance with the laws and by-laws regulating the same. It shall be the duty of the majority of said board to visit the hospital quarterly, and at said quarterly visits they shall, with the superintendent, examine the accounts of the steward, and certify their approval or otherwise on the page of his monthly balance.

SEC. 6. [Officers.]-The board of trustees shall appoint, upon the nomination of the superintendent, a steward and matron, who, together with the superintendent and assistant physician, shall be styled the resident officers of the hospital, and shall reside in the same, and be governed and subject to all the laws and by-laws established for the government of the hospital.

SEC. 7. [Property in trust.]-The board of trustees may take and hold in trust, for the hospital, any lands conveyed or devised, and any money or other personal property given or bequeathed, to be applied for any purpose connected with the institution.

SEC. 8. [Record of proceedings.]-The board of trustees shall make a record of their proceedings at all meetings, in a book to be provided for that purpose, and at their annual meeting shall make a report to the governor, of the condition and wants of the hospital, which shall be accompanied by a full and accurate report of the superintendent, and a detailed account of all moneys received and disbursed by the steward.

SEC. 9. [Contracts.]-No trustee or any officer of the institution shall hereafter be directly or indirectly interested in the purchase of building material, or any article of furniture or supply, for the use of the hospital.

SEC. 10. [Governor shall appoint superintendent.]-The governor of the state shall appoint a superintendent and may appoint two assistant physicians for the hospital of the insane, one of whom shall be a woman, who shall hold their offices for a term of six years, unless sooner removed as hereinafter provided. [Amended 1883, chap. XLVIII.]

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