feit and pay to the railroad company or companies from which said freights have been so diverted, three times the amount received for transporting such freights; and such agent or agents shall be fined not more than one hundred dollars, or imprisoned in the county jail not more than thirty days, or both, at the discretion of the court; Provided, That the provisions of this act shall in no way interfere with any lawful obligations heretofore entered into by any railroad company.

6799 SEC. 134. [Fraud by partners.] Every partner who shall be guilty of any fraud in the affairs of the partnership, shall be liable civilly to the party injured to the extent of his damage, and shall be punished by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both, at the discretion of the court.

6800 SEC. 135. [Embezzlement and frauds by bank officers.] Every president, director, cashier, teller, clerk, or agent of any banking company, who shall embezzle, abstract, or wifully misapply any of the moneys, funds, or credits of such company, or shall, without authority from the directors, issue or put in circulation any of the notes of such company, or shall, without such authority issue, or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, assign any note, bond, draft, bill of exchange, mortgage, judgment, or decree, or shall make any false entry on any book, report, or statement of the company, with an intent in either case to injure or defraud such company, or to injure or defraud any other company, body corporate or politic, or any other individual person, or to deceive any officer or agent appointed to inspect the affairs of any banking company in the state, shall be confined in the penitentiary not less than one year nor more than ten years.

6801 SEC. 136. [False weights-Measures.] Any person or persons who shall knowingly and wilfully sell, or direct, or permit any person or persons in his or their employ to sell any commodity or article of merchandise, and make or give any false or short weight or measure, or any person or persons owning or keeping or having charge of any scales or steel yards for the purpose of weighing live stock, hay, grain, coal, or other article, who shall knowingly and wilfully report any false or untrue weight, whereby any other person or persons may be defrauded, or injured, such person or persons shall be fined in any sum not exceeding fifty dollars, or to be imprisoned in the jail of the county not exceeding thirty days, at the discretion of the court, and also be answerable to the party defrauded or injured in double damages. [Amended 1893, chap. 47, § 8.]

6802 SEC. 137. [Certain articles put up in casks, cases, etc., to be weighed and marked.] Any person, agent, or clerk who shall put up, or shall order or procure any other person to put up or pack sugar, rice, tobacco, soap, starch, candles, cheese, or any goods or articles sold by weight, packed in kegs, barrels, tierces, casks, boxes, hogsheads, or any case whatever, shall, in every instance, first weigh the entire box or cask, or whatever it may be, and plainly cut or mark upon the head or most convenient part thereof, the exact number and fractions of pounds it weighs, and when packed and filled shall again ascertain the whole weight, and place the same immediately above the cut or marked tare weights, and subtract the one from the other, showing the net weight of the contents, which calculation shall not be obliterated while the bulk remains unbroken; and said articles, until the bulk is broken, shall be sold by the net weight; Provided, however, That nothing in this section shall be so construed as to release any person from the liability of allowing the actual tare at the time of sale on all kegs, barrels, tierces, casks, boxes, hogsheads, or cases containing articles which by their nature are liable to change the original tare.

SEC. 136. Complaint for reporting false weights, etc.; evidence examined and held, admissible. 22 Neb., 668.

6803 SEC. 138. [Change of marks or lids, etc.] Any brand, mark, or stamp, put upon any keg, barrel, box, cask, hogshead, or case, by the manufacturer, indicating the articles, its quality, quantity, or the manufacturer's name, or either of them, shall be considered the manufacturer's certified brand, stamp, or mark, and shall be put thereon in such manner as to be identified by the manufacturer or his authorized agent, which shall be subject to no erasure or obliteration; neither shall box lids, keg, barrel, hogshead, tierce, or cask heads, be transferred from one to the other, for the purpose of taking advantage of said brands, stamps, or marks, to sell an inferior article, or repacking take place, putting an inferior article into a superior branded keg, barrel, cask, hogshead, box, or case, to accomplish the same design; or to mark, or re-mark, anything containing pound bulk, so as to hide from view the original manufacturer's mark, stamp, or brand.

6804 SEC. 139. [Penalty for violation of last two sections.] Any person directly or indirectly transgressing any of the provisions enumerated in the last two preceding sections shall, in all cases, pay to the party aggrieved double in value of the difference between the actual quantity contained in such keg, barrel, cask, tierce, box, hogshead, or in whatever the same may be contained, and the net quantity or weight for which the same may have been sold; and for the first offense be subject to a fine not less than twenty nor more than sixty dollars, or imprisonment in the county jail not less than thirty days nor more than sixty days; and for the second and every subsequent offense he shall be subject to a fine not less than fifty dollars nor more than one hundred dollars, or imprisonment in the county jail not less than thirty nor more than ninety days. [Amended 1875, 10.]

6805 SEC. 140. [Adulterating liquors-Selling same.] If any person shall put into any barrel, cask, or other vessel having the private stamp, brand, wrapper, label, or trade mark usually affixed by any maker of wine from grapes grown within the state of Nebraska, adulterated liquors for the purpose of deceiving any person by the sale thereof, or of [if] any person or persons shall knowingly manufacture, vend, or give away, or direct, or permit any person or persons in his or their employ to manufacture, vend, or give away any malt, spirituous liquors, or other compound, any of which shall be adulterated with poisonous ingredients, such as strychnine, strontia, sugar of lead, or other poisonous substances, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the county jail not exceeding three months, or both, at the discretion of the court. An analysis. made by a practical chemist shall be deemed competent [testimony] in all cases arising under this section. [Id.]

6806 SEC. 141. [Frauds on life insurance companies.] If any person or persons shall obtain, cause to be obtained, or attempt to obtain from any life or accident insurance company any sum of money, on any policy of life or accident insurance issued by any company in this state, by falsely or fraudulently representing the person or persons insured as dead, or shall cause any person or persons to be insured under an assumed name, and shall falsely represent the fictitious person or persons so insured as dead, and shall thereby obtain, cause to be obtained, or attempt to obtain from such company the amount of such insurance, and shall falsely obtain, cause to be obtained, or attempt to obtain from any such life or accident insurance company any sum of money upon any life or accident policy of such company by means of false and fraudulent written representation or affidavits, falsely represent

SEC. 139. Act of 1875 has no repealing clause. Former law, for second offense, fine "not less than fifty nor more than two hundred dollars." SEC. 140. See chapter 50, entitled, "Liquors," part I, ante. Act of 1875 has no repealing clause. Former law omitted words from thereof," in fifth line, to "such person," in ninth line; also words in ninth line, "such persons shall be deemed guilty of a misdemeanor and upon conviction thereof;" also last sentence, an analysis," etc. Imprisonment "not less than three nor more than twelve months."

ing that the person whose life was insured was dead, or that the person insured against accident was injured, every person so offending, if the sum so obtained, attempted or caused to be obtained shall be equal to or exceed the sum of thirty-five dollars, shall be punished by imprisonment in the penitentiary not exceeding fifteen years; and if the sum so obtained, attempted or caused to be obtained shall be less than thirty-five dollars, shall be fined in any snm not more than five hundred dollars, or be imprisoned in the jail of the proper county not exceeding six months, or both, at the discretion of the court.

6807 SEC. 142. [Unlawful banking.] If any person shall subscribe or become a member of, or be in any way interested in any association or company for the purpose of issuing or putting in circulation any bill, check, ticket, certificate of deposit, promissory note, receipt, or other paper of any bank, to circulate as money in this state, without being authorized so to do under the laws of this state, or of the United States, he shall be punished by imprisonment in the penitentiary not more than one year, and by a fine not more than one thousand dollars.

6808 SEC. 143. [Issuing unlawful currency.] If any person, number of persons, or corporation, in this state, without special leave from the legislative assembly, or authority from the government of the United States, shall emit or utter any bill of credit, make, sign, draw, or endorse any bond, promissory note, or writing, bill of exchange or order, to be used as a general circulating medium, as or in lieu of money or other currency, every such person or persons, or members of such corporation, assenting to such proceedings, being thereof duly convicted, shall pay a fine not exceeding three hundred dollars, or be imprisoned not exceeding one year. 6809 SEC. 144. [Fraud in county contracts for building.] Any county commissioners or persons employed by them, whose duty it shall be to superintend, in whole or in part, the erection of any court house, jail, infirmary, or bridge, or the addition to, alteration, or improvement of the same, or the making of the plans, description, and specifications of the labor to be performed and materials to be furnished, and the estimates of the cost thereof, or the estimates of the amount of labor done and materials furnished from time to time, under and in accordance with the terms and conditions of the contract to be made, who shall in the performance of such duty knowingly permit the work to be done in any other mode or manner than as prescribed in such plans, descriptions, and specifications, unless the same shall be done with the approval and consent of the officers, to whom the plans, drawings, representations, bills of material, and specifications of work, and estimates of the cost thereof in detail, and in the aggregate, are required to be submitted for approval, or with material different from that required by such bills of material, unless done with the consent and approval of said officers as aforesaid, or shall knowingly make false estimates of the labor done and material furnished in the quantity or price thereof, shall be fined in any sum not less than one hundred nor more than one thousand dollars, and shall be imprisoned in the county jail not less than three nor more than six months, and be liable to the county in which such misdemeanor may be committed for double the amount such county shall be damaged by reason thereof.

CHAPTER XVII.-FORGERY, COUNTERFEITING, &c.

6810 SEC. 145. [Forgery.] If any person shall falsely make, alter, forge, counterfeit, print, or photograph any record, or other authentic matter, of a public

SEC. 145. Instrument not genuine, cannot legally be subject of forgery. 5 Neb., 177. Indictment; variance between allegation that note was for $500, interest payable semi-annually, and proof of note with payment endorsed thereon and interest payable annually, Held, fatal. 10 Id., 592. Uttering and publishing instrument alleged to have been forged. 13 Id., 330. Simply showing forged instrument without offering to pass it, is not "uttering," but where there is clear attempt to pass such instrument, it will be held to be “uttering." 20 Id., 288. Forging and fraudulently uttering, one offense. 37 Id., 454.

nature; or any license, or any certificate authorized by the laws of this state; or any charter, lettrs patent, deed, lease, writing obligatory, will, testament, annuity, bond, covenant, bank bill or note, check, draft, bill of exchange, contract or promissory note, for the payment of money or other property; or, any note, bond, coupons, stamps, postage, or fractional currency, or any security issued under authority of any act or acts of the Congress of the United States; or any acceptance of a bill of exchange; or the number or any principal sum of any accountable receipt, for any note; or any order or any warrant or request, for the payment of money, or the delivery of goods and chattles of any kind; or any acquittance or receipt, either for money or goods; or any acquittance, release, or discharge of any debt, account, action, suit, demand, or other thing, real or personal; or any plat, draft, or survey of land; or any transfer or assurance of money, stock, goods, chattles, or other property whatever; or any letter of attorney, or any other power to receive money, or to receive and transfer stock or annuities; or to let, lease, dispose of, alien, or convey any goods or chattles, lands or tenements, or other estate, real or personal; or any bills drawn by the auditor of public accounts, for the payment of money at the treasury; or any check, ticket, order, or pass, purporting to have been issued by any railroad company, or by any officer or officers thereof, or by any street railroad company, or owner, or by any toll bridge company, or owner; or any private stamp, brand, wrapper, label, or trade-mark, usually affixed by any mechanic, manufacturer, drugist, merchant, or tradesman to or upon the goods, wares, merchandise, preperation, or mixture of such mechanic, manufacturer, druggist, merchant, or tradesman; or the seal of any public officer or office authorized or established in pursuance of the laws of this state, or of the United States, with intent to damage or defraud any person or persons, body-politic or corporate, or any military body organized under the laws of this state; or shall utter or publish as true and genuine, or cause to be uttered and published as genuine and true, or shall have in his possession with intent to utter and publish, as true and genuine, any of the above named false, altered, forged, counterfeited, falsely printed, or photographed matter, above specified and described, knowing the same to be false, altered, forged, counterfeited, falsely printed, or photographed, with intent to prejudice, damage, or defraud any person or persons, bodypolitic or corporate, every person so offending shall be imprisoned in the penitentiary for any space of time not exceeding twenty years, nor less than one year, and pay fine not exceeding five hundred dollars.

6811 SEC. 146. [Possession of forging instruments or forged matter.] If any person shall have in his possession any die, or dies, plate or plates, brand or brands, engraving, imprint, printed labels, wrappers, or any other instrument, thing, or means whatever, with intent therewith or thereby to falslsly make, forge, or counterfeit any matter specified in the last preceding section, or to cause or enable the same to be done; or shall have in his possession any such falsely made, forged, or counterfeited matter whether the same be completely or only partly executed, for the purpose of bartering, selling, or disposeing thereof, knowing the same to be falsly made, forged, or counterfeited, with intent thereby to prejudice, damage, or defraud any person or persons, body politic or corporate, every person so offending shall be imprisoned in the penitentiary not less than six months, nor more than ten years, and pay a fine not exceeding one thousand dollars.

6812 SEC. 147. [Forged bank notes-Notes of fictitious bank.] Disposing of or having in possession forged bank notes filled up or in blank, &c., making or publishing, &c., notes of a fictitious bank, if any person shall sell, barter, or in any manner dispose of any false, forged, or counterfeited bank note or notes; or shall barter, sell, or in any manner dispose of any counterfeit bank note or notes, the same not being filled up, or the signatures thereto forged or affixed, whether by

single bill or by sheets; or shall sell, barter, or in any manner dispose of any bank note or notes, the same being filled up, but having the signatures of persons, not the officers of the bank from which such note or notes purport to have been issued, or having the names of fictitious persons thereto; or if any person shall be detected with any such spurious bank note or notes in his possession, for the purpose of selling, bartering, or disposeing of the same; or if any person shall make, alter, publish, pass, or put in circulation, any note or notes, bill or bills, purporting to be the note or notes, bill or bills, of a bank, company or association, which never did in fact exist, such person or persons, knowing at the time of publishing, passing, or putting in circulation, any such note or notes, bill or bills, that the bank, company, or association, purporting to have issued the same, never did exist, every person so offending shall be imprisoned in the penitentiary not more than fifteen years nor less than one year, and pay a fine not exceeding five hundred dollars.

6813 SEC. 148. [Plate for counterfeiting bank bills.] If any person shall engrave any plate for striking or printing any false or counterfeit bank notes, knowing it to be designed for that purpose, or shall, knowingly, have in his possession, and secretly keep, any plate for the purpose aforesaid; and if any person shall engrave, cut, indent, or cause any piece or pieces of brass, copper, or any other metal, for striking, printing, or altering any of the writing, printing, or figures of any bank note or notes, bill or bills, knowing them to be designed for that purpose; or shall knowingly have in his possession, and secretly keep the same for the purpose aforesaid, every person so offending shall be imprisoned in the penitentiary, not more than fifteen years nor less than one year.

6814 SEC. 149. [Goods with counterfeit mark on them.] Any person who shall vend or keep for sale any goods, merchandise, mixture or preparation, upon which any forged or counterfeit stamps, brands, imprints, wrappers, labels or trade marks be placed or affixed, and intended to represent the said goods, merchandise, mixture, or preparation, as the true and genuine goods, merchandise, mixture or preparation of any person or persons, knowing the same to be counterfeit, shall be punished by a fine not exceeding one hundred dollars.

6815 SEC. 150. [Counterfeiting coin-Instruments to counterfeit coin.] If any person shall counterfeit any of the coins of gold, silver, or copper, currently passing in this state, or shall alter, or put off counterfeit coin or coins, knowing them to be such, or shall make any instrument for counterfeiting any of the coins aforesaid, knowing the purpose for which such instrument was made, or shall knowingly have in his possession, and secretly keep, any instrument for the purpose of counterfeiting any of the coins aforesaid, every person so offending shall be imprisoned in the penitentiary not more than fifteen years nor less than one year, and pay a fine not less than one hundred dollars, nor greater than three hundred dollars.

6816 SEC. 151. [Gilding current coin.] If any person shall gild any of the silver coins currently passing in this state, or shall gild any other metal having the likeness and similitude of any of the coins currently passing in this state, so as to give it the appearance of any of the gold coins of the United States or any other gold coins currently passing in this state, with intent to injure or defraud, or if any person shall pass, or put in circulation, any such false or gilded money, knowing that it is not genuine, the person so offending shall be imprisoned in the penitententiary not more than five years nor less than one year.

6817 SEC. 152. [Counterfeit coin or bank notes.] If any person shall attempt to pass any base or counterfeit coin or coins, knowing them to be such, or shall attempt to pass any false, forged, and counterfeited bank note or notes, know