Shall license be granted for the sale of intoxicating liquors in this

3057

city?

SCHEDULE B.

Forms of cards of instruction for the guidance of voters.

yes.
no.

Instructions to voters.

1. Persons desiring to vote must procure their ballots from a member of the election board.

2. They must then, without leaving the polling place, proceed to a compartment and prepare their ballots.

3. The ballots are prepared as follows:

Make a cross mark (X) with ink in the right margin of the ballot opposite the name of each person for whom you wish to vote;

Be careful that you do not mark the names of persons for whom you do not wish to vote;

Do not make any mark on the ballot, save as above directed, or the ballot will not be counted;

if you spoil a ballot return it to a member of the election board, and obtain from him a new ballot, you can not get more than four in all, take this to a compartment and mark it properly;

4. Having marked the ballot, fold it so as to conceal the names and marks on the face, and to expose the names on the back.

5. Take it to the judge of election before leaving the inclosure, and see it deposited in the box.

6. Immediately leave the railed inclosure.

7. If you wish to vote for any person whose name does not appear upon the ballot, write or insert his full name in the blank space on the ballot under the proper office wish him to hold, and make a cross mark in the proper margin opposite

you

the same.

8. Do not take any ballot from the polling place; you thereby forfeit the right

to vote.

Said cards shall also contain sections twenty-six, twenty-seven, twenty-eight and twenty-nine of this act.

CHAPTER 27.-ESTRAYS.

3058 SEC. 1. [By whom taken up.] It shall be lawful for any person holding land in this state, by deed, title bond, or lease, for one or more years, and being in possession thereof, to take up any estray horse, mule, or ass, neat cattle, sheep, or swine, found within his enclosed premises at any season of the year; and any estray found around the premises of any lessee or freeholder between the twentieth day of October and the first day of April, may be taken up by such lessee or freeholder; and any horse, mule, or ass, with any portion of harness attached to them, and any oxen, with yoke, that are believed to have estrayed away from their owners, may be taken up by any person at any time. [R. S., 153. G. S., 368.]

3059 SEC. 2. [Record of description.] It shall be the duty of any person taking up an estray animal or animals to send a description of the same to a justice of the peace in the precinct where the said estray was taken up, within fortyeight hours thereafter, and said justice of the peace shall record the same in a book kept by him for that purpose, for which he shall receive the sum of twenty-five cents. If said estray or estrays shall not be claimed by the owner thereof within ten days thereafter, a description of the same shall be sent to the county clerk by the party taking up said estray, who shall immediately record the same in a book kept by him for that purpose, for which he shall receive the sum of twenty-five cents. The person taking up the estray shall, within twenty days thereafter, procure the publication of the description of such animal or animals in any newspaper published within the county. [Amended 1889, chap. 51.]

3060 SEC. 3. [Publication.] The proprietor of such newspaper shall publish said description for at least five consecutive weeks, and shall receive therefor the sum of three dollars; Provided, That if two or more estrays of the same species shall be taken up by the same person at the same time, they shall be included in the same publication; and in such case the aforesaid publisher shall receive no more than for one of such species, except, where the number so described shall exceed three, he shall receive one dollar for each estray beyond that number included in such publication.

3061 SEC. 4. [Owner may reclaim.] The owner of an estray may, at any time previous to its sale, reclaim the same on proving said property, by oath or otherwise, and paying for the advertisement, and a reasonable compensation for any other necessary expenses incurred by the person taking up said estray.

3062 SEC. 5. [Arbitrators.] In case the parties cannot agree upon the amount of the expenses incurred, they may each choose a disinterested person to act as arbitrators, and the two chosen may choose a third. The decision of the arbitrators shall be final.

3063 SEC. 6. [Disposition.] When an estray, if it be a sheep, swine, or calf, under the age of one year, has not been reclaimed within six months after the advertising the same, it shall become the property of the person taking it up, without further proceedings. If the estray be a horse, mule, ass, bull, cow, or steer, over the age of two years, it must be reclaimed within six months from the time it was first advertised. If the estray is an animal over the age of one year, and not over the age of two years, it must be reclaimed within six months from the time it was first advertised. If any estray included in the last two named classes shall not be reclaimed within the time specified respectively, the person taking up the estray

CHAP. 27. Chap. XVIII, R. S., 153. Chap. 21, G. S., 368. 10 Neb., 497.

shall notify a justice of the peace of the county wherein said estray was taken up, who shall appoint two disinterested persons, and administer to them an oath or affirmation to faithfully and truly appraise said estray, and said persons, upon actual view of said property, shall appraise the same at its true value, and make due return thereof, in writing, to said justice of the peace, who shall appoint a day of sale, and cause notice of the time and place of sale to be published at least five weeks consecutively before the day of sale, in a newspaper printed in said county, and by posting up written or printed notices in three public places in the precinct where the estray is to be sold; and in case there is no newspaper printed in said county, there shall be three additional written or printed notices posted up at the county seat of said county, and on the day appointed said estray shall be sold by said justice to the highest bidder in cash; and the proceeds thereof, after deducting the costs of the proceedings and the expenses of keeping said estray, shall be paid to the county treasurer within ten days after the sale, subject to the order of the owner, provided the owner of said estray shall establish his ownership to the same, to the satisfaction of the county treasurer of said county, within one year from the day of sale; and if said balance is not so claimed within the time so specified, it shall be placed by said treasurer to the credit of the general school fund of said county.

3064 SEC. 7. [Place of sale.] The place of sale shall be at the residence of the person taking up the estray.

3065 SEC. 8. [Price.] When an estray is sold, it must bring at least twothirds of the appraised value. In case it does not, the animal shall be re-appraised, and again offered for sale one week after the day appointed for the first sale, and no advertisement shall be necessary for the second sale.

3056 SEC. 9. [No sale, when.] When the appraisers think the animal will not bring more than enough to defray the necessary expenses of the sale and advertisement thereof, said sale shall be dispensed with, and the person who took up the animal shall, on payment of expenses, be the owner thereof.

3067 SEC. 10. [Proceeds of sale.] The money received from the sale of an estray shall go into the county school fund, all expenses first being paid.

3068 SEC. 11. [Penalties.] Any person violating section ten of this chapter shall be liable to a fine of not less than twenty dollars nor more than two hundred dollars.

3069 SEC. 12. [Appraisal.] The appraisers of estrays shall estimate the value of the labor, trouble and expense of the person in taking up and keeping an estray-taking into consideration the services rendered by the animal.

3070 SEC. 13. [Fees of appraisers.] The appraisers of estrays shall receive fifty cents each for each appraisement, but when more than one animal is taken up at any one time by one person, they shall all be appraised as one, and the appraisers shall be entitled to compensation for but one appraisement. The justice of shall receive for his services the sum of one dollar and fifty cents.

the peace

3071 SEC. 14. [Payment of expenses.] The advertisement, the appraisement, and the services of the justice of the peace shall be paid by the person taking up the estray, and he shall receive the same, with fifty per cent. additional, from the proceeds of the sale of the estray.

3072 SEC. 15. [Gelding.] If any horse or mule not gelded, two years old or upwards, shall be found running at large, it shall be lawful for any person to take up such horse or mule, and forthwith give notice to the owner or keeper, if he be known to the taker-up, and if the owner or keeper do not appear within three days thereafter, and pay to the said taker-up two dollars as compensation for his

trouble, the taker-up shall proceed to advertise said horse or mule, and the same proceedings shall be had in every respect as herein before provided in cases of estray horses or mules; Provided, That the taker-up may, after the expiration of twenty days from the time of advertising, geld, or procure to be gelded, the said horse or mule, which shall be done at the risk and expense of the owner.

3073 SEC. 16. [Death of estray.] Should any animal taken up as an estray die while in possession of the person taking it up, he shall not be liable for the loss unless its death was the result of mistreatment or wilful neglect.

CHAPTER 27a.-FEEBLE MINDED CHILDREN.

3074 SECTION 1. [Establishment.] That there shall be established in the state of Nebraska an institution to be known and designated as the Nebraska Institution for Feeble Minded Youth. [1885, chap. 52.]

3075 SEC. 2. [Object.] Besides shelter and protection, the prime object of said institution shall be to provide special means of improvement for that unfortunate portion of the community who were born or by disease have become imbecile or feeble minded, and by a wise and well adapted course of instruction reclaim them from their helpless condition, and, through the development of their intellectual faculties, fit them as far as possible for usefulness in society. To this end there shall be furnished them such agricultural and mechanical education as they may be capable of receiving.

3076 SEC. 3. [Erection of buildings.] The board of public lands and buildings shall establish such rules and regulations for the government and the management of the institution, and for securing economy, efficiency, and accountability in all its affairs, as they may deem expedient; they shall, as soon as practicable after the passage of this act, and before the 1st day of July, 1885, take the necessary steps for the erection and furnishing of suitable buildings for said institution. They shall advertise for plans and specifications of said buildings, and upon their adoption shall at once advertise for sealed proposals for the construction of said buildings in accordance with the plans and specifications adopted by them, and shall require bonds for the faithful completion and performance of all work contracted for, as contemplated in this section.

3077 SEC. 4. [Location.] Said institution shall be located at or near Beatrice, and within two (2) miles of the corporate limits of said city; Provided, That said city of Beatrice, or the citizens thereof, shall donate and convey to the state not less than forty (40) acres of land, near or through which runs a stream of living water sufficient to afford water supply for said institution, said site to be approved by the board of public lands and building.

3078 SEC. 5. [Officers.] The board shall appoint a superintendent, who shall be a physician, and before entering upon the discharge of his duties shall give bond to the state of Nebraska in the sum of ten thousand (10,000) dollars, with sureties, to the satisfaction of the board, for the faithful performance of his duties. He shall have control of the institution under direction of the board, and in accordance with the rules and regulations by them established. The board shall, upon the nomination of superintendent, appoint a matron, and shall have power to remove either of them for cause. All teachers and other employes shall be appointed by the superintendent, with the advice and consent of the board, and may be discharged by him or by the board. The compensation of all officers and employes of said institution shall be fixed by the board.

3079 SEC. 6. [Record of inmates.] The superintendent shall keep a record of the name, date of admission, nativity, residence, age, and sex, the condition on admission, date of discharge, together with the result of treatment and training in each individual case during their residence in the institution, and shall make reports to the governor as required by statute. The superintendent shall be chargeable with all property belonging to the institution, and shall keep a complete account of all receipts and disbursements authorized by the board.

CHAP. 27α. "An act to establish and endow an Asylum Home for feeble minded children and adults at or near the city of Beatrice, Nebraska, and making appropriation and levy therefor." Passed and took effect March 5,