cute or cause to be prosecuted all such corporations or persons guilty of such violaIn order to enable said board of transportation to efficiently perform their duties under this act, it is hereby made their duty to cause one of their number at least once in six months to visit each county in the state in which is or shall be located a public warehouse and personally inquire into the management of such warehouse business. [Id., § 16.]

5401 SEC. 48. (Statement of public warehousemen.) It shall be the duty of every owner, lessee and manager of every public warehouse in this state to furnish in writing, under oath, at such times as said board of transportation shall require and prescribe, a statement concerning the condition and management of his business as such warehouseman. [Id., § 26.]

5402 SEC. 49. (Cancellation of warehouse licenses.) Said board of transportation are hereby authorized to hear and determine all applications for the cancellation of warehouse licenses in this state, which may be issued in pursuance of any laws of this state and for that purpose to make and adopt such rules and regulations concerning such hearing and determination as may from time to time by them be deemed proper. And if, upon such hearing, it shall appear that any public warehouseman has been guilty of violating any law of this state concerning the business of public warehousemen, said commissioners may cancel and revoke the license of said public warehousemen, and immediately notify the officer who issued such license of such revocation and cancellation, and no person whose license as a public warehouseman shall be canceled or revoked shall be entitled to another license or to carry on the business in this state, of such public warehouseman until the expiration of not less than six months from the date of such revocation and cancellation, and until he shall have again been licensed; Provided, That this section shall not be construed as to prevent any such warehouseman from delivering any grain or other property on hand at the time of such revocation or cancellation of his said license: And all licenses issued in violation of the provisions of this section shall be deemed null and void. [Id., § 36.]

5403 SEC. 50. (Power to examine books, etc.) The property, books, records, accounts, papers and proceedings of all such public warehousemen shall at all times, during business hours, be subject to the examination and inspection of the said board of transportation, and they shall have power to examine under oath or affirmation any and all owners, managers, lessees, agents and employes of such public warehouses and other persons concerning any matter relating to the condition and management of such business. [Id., § 4b.]

5404 SEC. 51. (May examine witness, etc.) In making any examinationsas contemplated in this act or for the purpose of obtaining information pursuant to this act said board of transportation shall have the power to issue subpoenas for the attendance of witness as may administer oaths. In case any person shall willfully fail or refuse to obey said subpoena, it shall be the duty of the county court of any county upon application of said board of transportation to issue an attachment for such witness, and compel such witness to attend before the said board of transportation, and give his testimony upon such matters as shall be lawfully required by the said board of transportation, and the said court shall have power to punish for contempt as in other cases of refusal to obey the process and order of such court. [Id., § 5b.]

5405 SEC. 52. (Penalty against witness.) Any person who shall willfully neglect or refuse to obey the process of subpoena issued by said board of transportation and appear and testify as therein required shall be guilty of a misdemeanor and shall be liable to an indictment in any court of competent jurisdiction,

and on conviction thereof shall be punished for each offense by a fine of not less than twenty-five ($25) dollars nor more than five hundred ($500) dollars, or by imprisonment of not more than thirty days, or both, in the discretion of the court before which such conviction shall be had. [Id., § 66.]

5406 SEC. 53. (Penalty against public warehousemen, etc.) Every railroad corporation and every owner, lessee, manager or employee of any public warehouse who shall willfully neglect to make and furnish any report required in this act at the time herein required, or who shall willfully and unlawfully hinder, delay or obstruct said board of transportation in the discharge of the duties hereby imposed upon them shall forfeit and pay a sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense, to be recovered in an action of debt in the name and for the use of the people of the state of Nebraska. Id., § 76.]

5407 SEC. 54. (Attorney-General and County Attorney to prosecute suits.) It shall be the duty of the attorney-general and the county attorney in every district and county on the request of said board of transportation to institute and prosecute any and all suits and proceedings which they or any of them shall be directed by said board of transportation to institute and prosecute for a violation of this act or any law of this state concerning public warehouses or the officers, employes, owners, operators, or agents of any such public warehouse. [Id., § 86.]

5408 SEC. 55. [Same]-(In name of people.) All such prosecution shall be in the name of the people of the state of Nebraska, and all moneys arising therefrom shall be paid into the state treasury by the sheriff or other officer collecting the same. No suits commenced by said board of transportation shall be dismissed except said board shall consent thereto. [Id., § 96.]

5409 SEC. 56. (Rights of individuals saved.) This act shall not be so construed as to waive or affect the right of any person injured by the violation of any law in regard to public warehouses from prosecuting for his private damages in any manner allowed by law. [Id. § 106.]

5410 SEC. 57. (Board of Transportation to estimate grades.) Within thirty days after this act becomes a law the said board of transportation shall establish a proper number and standard of grades for the inspection of grain and may alter or change the same from time to time; Provided, no modification or change of grades shall be made, or any new ones established, without public notice being given of such contemplated change, for at least thirty days prior thereto, by publication in one or more daily newspapers printed in each city containing warehouses of Class A, and, provided further, that no mixture of old and new grades, even though designated by the same names or distinction, shall be permitted while in store. [Id., $116.]

5411 SEC. 58. (Committee of Appeals.) Within twenty days after this act takes effect the said board of transportation shall appoint three discreet and competent persons to act as a committee of appeals in every city wherein is located a public warehouse of Class A, who shall hold their office for one year, and until their successors are appointed. And every year thereafter a like committee shall be appointed by the said board of transportation, who shall hold their office for one year and until their successors are appointed; Provided, said board of transportation shall have in their discretion to remove from office any member of said committee at any time, and fill vacancies thus created by the appointment of other discreet persons. [Id., § 126.]

5412 SEC. 59. (Appeals-Notices.) In all matters involving doubt on the part of the chief inspector or any assistant inspector as to the proper inspection of

any lot of grain or in case any owner, consignee or shipper of grain, or any warehouse manager shall be dissatisfied with the decision of the chief inspector or any assistant inspector, an appeal may be made to said committee of appeal and the decision of a majority of said committee shall be final. Said board of transportation are authorized to make all necessary rules governing the manner of appeals as herein provided. And all complaints in regard to the inspection of grain and all notices requiring the services of the committee on appeal may be served on said committee or may be filed with the warehouse registrar of said city, who shall immediately notify said committee of the fact and who shall furnish said committee with such clerical assistance as may be necessary for the proper discharge of their duties. It shall be the duty of said committee on receiving such notice to immediately act on and render a decision in each case. [Id., § 13b.]

5413 SEC. 60. (Committee on Appeals Oath-Bond-Who may serve on.) The said committee on appeals shall, before entering upon the duties of their office, take an oath as in the case of other inspectors of grain, and shall execute a bond in the penal sum of five thousand dollars ($5,000) with like conditions as is provided in the case other inspectors of grain, which said bond shall be subject to the approval of the said board of transportation. It is further provided that the salaries of said committee on appeals shall be fixed by the said board of transportation and be paid from the inspection fund, or by the party taking the appeal, under such rules as the board of transportation shall prescribe, and all necessary expenses incurred in carrying out the provisions of this act, except as herein otherwise provided, shall be paid out of the fund collected for the inspection service upon the order of the said board of transportation on the state treasurer; Provided, that no person shall be appointed to serve on the committee of appeal who is a purchaser of or a receiver of grain or other articles to be passed upon by said committee. [Id., § 14b.]

5414 SEC. 61. (Registered for collection-inspection fees.) No grain shall be delivered from store from any public warehouse of Class A for which or representing which warehouse receipts shall have been issued, except upon the return of such receipts stamped or otherwise plainly marked by the warehouse registrar with the words "Registered for collection," and the date thereof, and said board of transportation shall have power to fix the rates of charges for the inspection of grain both into and out of the public warehouse, which charges shall be a lien upon all grain so inspected, as may be collected of the owners, receivers or shippers of such grain, in such manner as the said Board of Transportation may prescribe. [Id., § 156.]

5415 SEC. 62. (Deposit of inspection fund.) All money collected for the inspection fund shall be deposited with the state treasurer, who shall be liable under his official bond for the proper care of same, and no payment shall be made therefrom except by order of the said board of transportation as they may prescribe. [Id., § 166.]

5416 SEC. 63. (Weighmaster, appointment of.)-[Assistants.] That there shall be appointed by the state board of transportation in all cities where there is state inspection of grain, a state weighmaster, and such assistance as shall be necessary. [Id., § 1c.]

5417 SEC. 64. (Duties.) Said state weighmaster and assistants shall, at the place aforesaid, supervise and have exclusive control of the weighing of grain and other property which may be subject to inspection, and the inspection of scales and the action and certificate of such weighmaster and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest. [Id., § 2c.]

5418 SEC. 65. (Fix fees.) The said board of transportation shall fix the fees to be paid for the weighing of grain or other property, which fees shall be paid equally by all parties interested in the purchase and sale of the property weighed,. or scales inspected and tested. [Id., § 3c.]

5419 SEC. 66. (Weighmaster, Qualifications-Bond-Compensation.) Said state weighmaster and assistants shall not be a member of any board of trade or association of like character. They shall give bonds in the sum of five thousand ($5,000) dollars conditioned for the faithful discharge of their duties, and shall receive such compensation as the board of railroad and warehouse commissioners shall determine. Id., § 4c.]

5420 SEC. 67. (May adopt rules.) The said board of transportation shall adopt such rules and regulations for the weighing of grain or other property as they shall deem proper. [Id., § 5c.]

5421 SEC. 68. (Neglect of duty-Penalty.) In case any person, warehouseman or railroad corporation or any of their agents or employes shall refuse or prevent the aforesaid state weighmaster or either of his assistants from having access to their scales, in the regular performance of their duties, in supervising the weighing of any grain or other property in accordance with the tenor and meaning of this act, they shall forfeit the sum of one hundred ($100) dollars for each and every offense, to be recovered in an action of debt before any justice of the peace in the name of the people of the state of Nebraska, such penalty or forfeiture to be paid to the county in which the suit is brought, and shall also be required to pay all costs of prosecution. [Id., § 6c.]

SEC. 69. (Repeal.) All existing acts inconsistent with this act, are hereby repealed. [Id., § 7c.]

CHAPTER 93.-WARRANTS.

5422 SECTION 1. [Warrants paid in order.] Warrants when Payable. All warrants upon the state treasurer, the treasurer of any county, city, school district, or other municpal corporation shall be paid in the order of their presentation therefor. [1871, § 1, 113. G. S., § 1, 891. G. S., § 1, 891. Amended 1895, chap. 67, § 1.]

5423 SEC. 2. [Warrant register.] Warrant Register-The treasurer of this state, and the treasurer of every county, city, school district, or other municipal corporation, shall keep a warrant register, which register shall show in columns arranged for that purpose, the number, date, and amount of each warrant presented and registered as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed as hereinafter provided. [Amended 1891, chap. 56. 1895, chap. 67, § 2.]

5424 SEC. 3. [Warrant-Registration-Endorsement.] It shall be the duty of every such Treasurer upon the presentation of any warrant for payment, in the presence of such person, to enter such warrant in his warrant register for payment in the order of its presentation, and upon every warrant so presented and registered he shall endorse "registered for payment" with the date of such registration, and shall sign such endorsement; Provided, That all warrants outstanding at this act takes effect shall be presented for payment or registration by August first (1st), 1891, and shall not draw interest after such date unless so presented. [1871, § 3, 113. G. S., 891. Amended 1891, chap. 56.]

It

5425 SEC. 4. [Separate package for each warrant-Notice.] shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for the payment of such warrant is received to the credit of the particular fund upon which the same is drawn, such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is registered, and interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of the mailing of such notice upon such sealed package.

5426 SEC. 5. [Treasurer's receipts for money paid.] The state treasurer shall make triplicate receipts, under the seal of his office, for all sums which shall be paid into the treasury, showing the amount paid in to the credit of each separate fund, in cash and in warrants separately, two of which receipts he shall deliver to the person making such payment, and the person making such payment shall deliver one of such receipts to the auditor who shall credit such person accordingly, and the treasurer shall retain one of said triplicates in his office.

5427 SEC. 6. [Receipts by county treasurer.] Every county treasurer shall make out triplicate receipts, for all sums which shall be paid into his office, which receipt shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate

CHAP. 93. "An act to prescribe the duties of the state treasurers, of the treasurer of counties and of other municipal corporations in certain cases, and to enforce their performance." Laws, 1871, 113. Took effect May 1. 1871. Chap. 65, G. S., 891. Sec. 1, cited 10 Neb., 31. For interest on warrants see sec. 10, chap. 44. Treasurer cannot invest state funds in warrants, 41, Neb., 277.