company shall not be exempted from any such liability by reason of any clause, condition, or agreement contained in its printed blanks.

5326 SEC. 13. [Lines out of order-Duty of operator.] In all cases where application is made to any telegraph company, or the operator, agent, clerk,. or servant thereof, to send a dispatch, it shall be the duty of such operator, agent, or clerk, who may receive dispatches at that station, plainly to inform the applicant, and if required by him to write upon the dispatch that the line is not in working order, or that the dispatches already on hand for transmission will occupy the line, so that the dispatch offered cannot be transmitted within the time required, if the facts be so; and for omitting so to do, or for intentionally giving false information to the applicant in relation to the time within which the dispatch offered may be sent, such operator, agent, or clerk, and the company by which he is employed, shall incur a like penalty as in section eleven of this act.

5327 SEC. 14. [Right of way-Poles and wires.] That any telegraph or telephone company incorporated or doing business in this state shall be and is hereby granted the right of way along any of the public roads of the state for the erection of poles and wires; Provided, That poles shall be set at least six feet within the boundary line of said roadway and not placed so as interfere with road crossings; And Provided, That said wires shall be placed at the height of not less than twenty feet above all road crossings. [1887, chap. 87.]

5328 SEC. 15. [Injuries to fixtures.] Any person or persons who shall break, injure, destroy, or otherwise interfere with the poles, wires, or fixtures of any telegraph or telephone company in this state shall be subject to action and penalty. prescribed in section 98, chapter 13, criminal code. [Id.]

SEC. 13. Last clause of section sustained. 28 Neb., 662. 32 Id., 732. 37 Id., 315.

SECS. 14, 15. "An act granting the right of way to telegraph or telephone companies along public highways and providing for a penalty in case of inalicious injury or interference with the same." Laws, 1887, chap. 87. Took effect July 1, 1887.

CHAPTER 90.-TIME-DAY'S WORK.

5329 SECTION 1. Ten hours shall constitute one day's labor, so far as it concerns laborers and mechanics, throughout the state. [R. S., 379.]

SECS. 2-5. [Unconstitutional. 41 Neb., 127.]

SEC. 1. Chap. LII, R. S., 379.

SECS. 2-5. "An act to regulate the hours of labor of mechanics, servants and laborers. 1891, chap. 54. Took effect Aug. 1, 1891.

CHAPTER 91.-TOWNS AND VILLAGES.

5330 SECTION 1. [Unclaimed lots.] That all persons who shall be or may become the owners of any equities of title, in and to any town lot or lots or land within any incorporated town or city in this state, by virtue of which they shall be entitled to demand and receive from the corporate authorities a title in fee simple to the same, shall present their claims and make demand for their deed, within sixty days from the passage of this act, in all those cases where the lot, lots, or land have already been unclaimed for the period of two years; and in all cases of sites of corporate towns or cities which may be hereafter entered the property shall be claimed and the deed demanded within three years after such entry; Provided, That if any person shall neglect to comply with the terms of this act as aforesaid, the title in and to such realty shall vest in the corporation, as fully, and to all intents and purposes as though conveyed to said town or city by deed of general warranty. [1867, § 1, 94.]

5331 SEC. 2. [Not applicable to tax sales.] This act shall be construed to apply to rights acquired previous to the entry of the land; and in no case to the rights of parties acquired under or by virtue of any tax sale. [Id., § 2.]

VACATING STREETS AND ALLEYS.

5332 SEC. 3. [Notice.] Any person seeking to have any street, alley, or public grounds, in any town or village, vacated, shall give thirty days notice of the intended application therefor to the county commissioners for the vacation of such street, alley, or public grounds, by posting five notices in as many of the most public places within the limits of the said town or village. Such notices shall contain a particular description of the street, alley, or public grounds desired to be vacated, and the time at which the application will be made to the county board for the order of vacation. [1871, § 1, 125.]

5333 SEC. 4. [Board of examiners.] Upon the application of any person to the county board for the vacation of any street, alley, or public grounds, proving by the oath of two persons that the foregoing section has been complied with, and by giving bond with sufficient security for all costs payable to the county, the board shall appoint three disinterested householders of the town or village, to examine the street, alley, or public grounds, and at the next regular meeting of the board report whether in their opinion any injustice or inconvenience will be worked by the vacation of such street, alley, or public grounds. The board, upon such report and other testimony presented by the applicant, or others opposing the vacation, shall decide for or against such vacation. [Id., § 2.]

5334 SEC. 5. [Decision.] The county board, if convinced that no injustice will be worked by any person or persons by such vacation, shall order such vacation, and in all cases they shall cause all expenses arising from the application and the ensuing proceedings to be paid by the party or parties applying for such vacation. [Id., § 3.]

5335 SEC. 6. [Title, in whom vested.] The street, alley, or public grounds thus vacated, shall become the property of owners of real estate thereto adjacent, on each side, in proportion to the frontage of such real estate. The county clerk shall make a quit-claim deed, in the name of the county, to the different persons to whom such street, alley, or public grounds may inure, signing said deed, and attaching the county seal thereto, and such deed shall convey all the title vested in the county. [Id., § 4.]

SECS. 1, 2. "An act to provide for the disposition of unclaimed lots entered in trust by corporate authorities." Laws, 1867, 1, 94.

SECS 3-6. "An act to provide for vacating streets, alleys, and public grounds in towns and villages." Passed and took effect March 10, 1871.

CHAPTER 91a.-TRUSTS.

5336 SECTION 1. [Combinations in restraint of trade.] It shall be unlawful for any person or persons, partnership, company, association, or corporation organized for any purpose whatever or engaged in the. manufacture or sale of any article of commerce or consumption, or for any such person or persons, partnership, company, association, or corporation dealing in any natural product to enter into any contract, agreement, or combination with any other person or persons, partnership, company, association, or corporation organized and doing business in this state, or in any other state or territory and doing business in this state, engaged in the manufacturing, selling, or dealing in the same, or any like manufactured or natural product whereby a common price shall be fixed for any such article or product, or whereby the manufacture or sale thereof shall be limited or the amount, extent, or number of such product to be sold or manufactured shall be determined, or whereby anyone or more of the combining or contracting parties shall suspend or cease the sale or manufacture of such products, or whereby the products or profits of such manufacture or sale shall be made a common fund to be divided among the respective persons, partnerships, companies, association or corporation so entering into such contract, agreement, or combination. [1889, chap. 69.]

5337 SEC. 2. [Trusts and pools prohibited.] Pooling between persons, partnerships, companies, associations or corporations, engaged in the same or like business for any purpose whatever, and the formation of combinations or common understanding between two or more persons, companies, partnerships, associations, or corporations, in the nature of what are commonly called trusts for any purpose whatever or the continuance of the same after the taking effect of this act, are hereby prohibited and declared to be unlawful, and each day of the continuance of any such pool or trusts shall constitute a separate offense.

5338 SEC. 3. [Damages-Attorney's fee.] That in any case any person, persons, company, partnership, association, or corporation shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful such person, persons, partnership, company, or corporation shall be liable to the person, persons, partnership, company, association, or corporation injured thereby, for the full amount of damages sustained in consequence of any such violations of the provisions of this act, together with a reasonable counsel or attorney fee to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case, and the property of any person who may be a member or interested in any partnership, association, company, or corporation violating the provisions of this act shall be liable for the full amount of such judgment and may be levied upon and sold to satisfy the same.

5339 SEC. 4. [Forfeiture-Penalties.] Any association of persons doing business in this state in a firm, partnership, or corporate name and not incorporated under the laws of this state who shall violate the provisions of this act, in addition to the other penalties and liabilities herein provided, shall forfeit its right to do business in such firm, partnership, or corporate name; and if any such persons shall thereafter continue to do business in such firm, partnership, or corporate name, they shall incur the penalties provided in section three (3) of the act entitled, "An act providing for the recording the names of all members of associations doing business under a firm, partnership, or corporate name." Approved February 25, 1875.

CHAP. 91a. "An act to prohibit persons, partnerships. companies, associations, or corporations engaged as manufacturers or dealers from entering into any understanding, contract, combination, pool, or trust for any purpose whatever, and to provide punishment for violations of the same, and providing means for the suppression of such evils and remedies for persons injured thereby." Took effect July 1, 1889. Laws, 1889, chap. 69. Act cited 29 Neb., 700. "Pool" and "trust" defined. 39 Id., 547.

5340 SEC. 5. [Same.] Any corporation violating any of the provisions of this act, in addition to the other penalties and liabilities herein provided, shall surrender and forfeit its right and privileges as a corporation, and it shall be the duty of the prosecuting attorney of the proper county to institute proceedings against said corporation or the persons constituting the same for the purpose of having the same dissolved and the same proceedings shall be and the same judgment may be rendered as is provided in title 23, entitled, "Information of the code of civil procedure."

5341 SEC. 6. [Same.] Any person, partnership, company, association, or corporation subject to the provisions of this act, or any director, officer, receiver, trustee, clerk, lessee, agent, or person acting for or employed by them or either of them who shall violate any of the provisions of section one (1) or two (2) of this act shall be declared guilty of a misdemeanor, and shall upon conviction thereof be fined in any sum not exceeding one thousand dollars ($1,000.00) or imprisonment in the jail of the county for a period not exceeding six months or both in the discretion of the court.

5342 SEC. 7. [Evidence.] In any action brought under any of the provisions of this act the court before whom the same shall be pending may compel any person, or persons, partnership, company, association, or corporation so proceeded against, or any of the members of any such partnership or corporation or any director, officer, receiver, trustee, agent, employee, or clerk of them, or either of them to attend, appear, and testify in such suit or proceeding and may compel the production of the books and papers of any such person, persons, partnership, company, association, or corporation party to any such proceeding.

5343 SEC. 8. [Reservation as to laborers.] Nothing herein contained shall prevent any assemblies or associations of laboring men from passing and adopting such regulations as they may think proper, in reference to wages and the compensation of labor, and such assemblies and associations shall retain and there is hereby reserved to them-all the rights and privileges now accorded to them by law, anything herein contained to the contrary notwithstanding.

CHAPTER 92.-WAREHOUSEMEN.

5344 SECTION 1. [Description of property.] Whenever any personal property shall be consigned to, or deposited with, any forwarding merchant, wharf keeper, warehouse keeper, tavern keeper, or the keeper of any depot for the reception and storage of trunks, baggage, and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose, a description of such property, with the date of the reception thereof. 5345 SEC. 2. [Notice to owner.] If such property shall not have been left with such consignee or bailee for the purpose of being forwarded or otherwise disposed of, according to directions received by such consignee or bailee, at or before the time of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner, by letter to be directed to him and deposited in a postoffice to be transmitted by mail, of the reception of such property.

5346 SEC. 3. [Unclaimed property-Sale.] In case any such property shall remain unclaimed for three months after its reception as aforesaid, the person having possession thereof shall cause a notice to be published once in each week for four successive weeks, in a newspaper published in the same county, if there be one, and if not, then in some paper published at the seat of government, describing such property, and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.

5347 SEC. 4. [Same-Proceedings before justice.] In case the owner or person entitled to such property shall not, within three months after the publication of such notice, claim such property and pay the lawful charges thereon, including the expenses of such publication, the person having possession of the property, his agent, or attorney, may make and deliver to any justice of the peace, of the same county an affidavit, setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of such property is known or unknown.

5348 SEC. 5. [Same.] Upon the delivery to him of such affidavit, the justice shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall make and annex to such inventory an order under his hand that the property therein described be sold by the sheriff of the county where the same shall be, at public auction, upon due notice.

5349 SEC. 6. [Notice.] It shall be the duty of the sheriff receiving such inventory and order, to give ten days notice of the sale by posting up written notices thereof in three public places in the county or city, and to sell such property at public auction for the highest price he can obtain therefor.

5350 SEC. 7. [Sheriff's return.] Upon completing the sale, the sheriff making the same shall endorse upon the order aforesaid a return of his proceedings upon such order, and the proceeds of the sale after deducting his fees, which shall be the same as upon an execution.

5351 SEC. 8. [Expenses.] From the proceeds of such sale the justice shall pay the charges and expenses legally incurred in respect to such property, or a ratable proportion to each claimant if there be not sufficient to pay the whole; and

CHAP. 92. Chap. LIV, R. S., 389. Chap. 82, G. S., 1075.