January, April, July, and October of each year, make a report in writing, to the state auditor, of the number of state prisoners in his custody for the last three months before making his report, when committed, and for what time, and the amount due him for boarding such prisoner; the amount of clothing furnished each prisoner and the cost of the same; also the amount expended by him for washing, lights, and fuel, for that quarter; which account shall be sworn to by said sheriff or jailer before the clerk of the county of which he is sheriff or jailer, and certified to under his seal. Thereupon the state auditor shall draw his warrant upon the state treasurer for the amount due such officer, payable to him; and when the condition of the jails in the state require a constant guard to be kept, to prevent the escape of prisoners confined therein, the sheriff shall be allowed the sum of three dollars per day for guarding or procuring guard for such prisoners, which shall be paid him quarterly, with the amount paid him for board, washing, fuel, lights, and clothing. [Amended 1869, 171.]

3538 SEC. 12. [Visits by sheriff.] The sheriff shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court; and it is hereby made his duty to cause all the cells and rooms used for the confinement of prisoners to be thoroughly whitewashed, at least three times in each year.

3539 SEC. 13. [Jailer.] The jailer or keeper of the jail shall, unless the sheriff elect to act as jailer in person, be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his office; Provided, The sheriff shall in all cases be liable for the negligence and misconduct of the jailer, as of other deputies.

3540 SEC. 14. [Violation of act-Penalty.] If the sheriff or jailer having charge of any county jail shall neglect or refuse to conform to all or either of the rules and regulations established by said judge, or to perform any other duty required of him by this chapter, he shall, on conviction thereof, by indictment, for each case of such failure or neglect of duty as aforesaid, pay into the county treasury of the proper county, for the use of such county, a fine not less than five dollars, nor more than one hundred dollars, to be assessed by the district court of the proper district.

CHAPTER 47.-JOURNALS AND LAWS.

3541 SECTION 1. [Distribution.] The secretary of the state of Nebraska is hereby authorized to distribute the laws and journals of the state, as hereinafter prescribed.

3542 SEC. 2. [Requisition by county clerk.] The county clerk of each organized county shall make a requisition upon the secretary of state for sixty copies (or as many less than that amount as he shall find necessary for the county) of the laws, and fourteen copies of the journals of each branch of the legislative assembly, for the use of the county of which he is clerk; and he shall name the conveyance or means of transportation, and also specify to whom they shall be directed, and to whose care, and upon the receipt of such requisition the secretary shall at once forward the required number of laws and journals as specified in the requisition of such county clerk, and the county clerk shall receipt for the same to the secretary, which receipt shall be filed in the office of the secretary of state.

3543 SEC. 3. [Distribution by county clerk.] The county clerk shall distribute one copy of the laws to each of the officers of the county, as follows: The probate or county judge; each member of the board of county commissioners; the sheriff; the county treasurer; the county surveyor; the prosecuting attorney; each notary public; each justice of the peace; each constable; each road supervisor; and each precinct assessor, in said county. He shall also reserve one for himself, and give two copies each of the laws and journals to every councilman and representative who was a member of the legislative assembly by which the laws were enacted.

3544 SEC. 4. [Preservation.] Each county officer shall deliver up to his successor in office all statutes which shall have come into his possession under the provisions of this chapter, as soon after his successor shall have qualified as such successor, or the county clerk may require.

3545 SEC. 5. [Sale by county clerk.] After the above distribution the copies remaining in the hands of the county clerk shall be sold at public auction (ten days notice having been given in three public places in each county) to the highest bidder, no person, however, to purchase more than two copies; and the proceeds of such sale shall go, first, to defray the cost of transportation from the secretary of state to the county clerk, and the remainder, if any shall exist, shall be paid over to the state librarian, and to be by him held subject to the order of the legislative assembly.

3546 SEC. 6. [Sale by secretary of state-Library.] After having so distributed the laws and journals of each legislative assembly, the secretary is authorized to sell copies of the laws at a price at least equal to cost, and the amount so received shall be applied to the library fund of the state. The secretary of state shall deliver all copies of the laws and journals yet in his possession to the state librarian, who shall officially receipt therefor.

3547 SEC. 7. [Distribution by librarian.] The librarian shall, upon the order of either of the judges of the supreme court, issue one copy each to the district attorney, United States marshal, each register and receiver of all United States land offices in the state, each United States commissioner residing in the state, and such other officers as the judges in their discretion may direct; Provided, always, That the librarian shall permit no person to take away a copy or copies of the laws and journals without taking a receipt therefor.

3548 SEC. 8. [Same-Legislature.] The members of each succeeding legislative assembly shall be furnished by the state librarian, at the commencement of each session for which they are elected, with one copy each of the laws and journals of the preceding session.

CHAP. 47.-Chap. XXX, R. S., 247. Chap. 37, G. S., 455.

CHAPTER 47a-LABELS.

3549 SECTION 1. [Adoption.] That it shall be lawful for associations, and unions of workingmen to adopt for their protection, labels, trade marks, and other forms of advertisement, announcing that goods manufactured by members of such associations or unions, are as manufactured. [Laws, 1891, chap. 15, § 1.]

3550 SEC. 2. [Misuse-Counterfeit Penalty.] That any and all persons using such union or association trade marks, labels, or advertisements, whether exactly like such labels, trade marks, or advertisements or not, if with the intention to, or likely to deceive the public, and that every person who shall use any counterfeited label, trade mark, or form of advertisement of such unions or associations, knowing the same to be counterfeited, after having been notified in writing by the owner thereof, or his or its agents that the same is counterfeited, shall be guilty of a misdemeanor, punishable by imprisonment for not less than three (3) months nor more than one (1) year, or by a fine of not less than one hundred (100) dollars, nor more than five hundred (500) dollars, or both; Provided, That such notice in writing contains a copy, counterpart, or fac simile of such genuine label, trade mark or forms of advertisement. [Id., § 2.]

3551 SEC. 3. [Filing-Certificate.] And be it enacted, that every such association or union adopting a label, trade mark, or form of advertisement as aforesaid, shall file the same in the office of the secretary of state, who shall, under his hand and seal, deliver to the association or union filing the same, a certificate of record, for which he shall receive a fee of twenty-five (25) cents. [Id., § 3.]

3552 SEC. 4. [Suits against counterfeiters.] And be it enacted, that every such association or union adopting a label, trade mark, or form of advertisement as aforesaid, may proceed, by suit in the courts of this state, to enjoin the manufacture, use, display, or sale of any such counterfeits, and that all courts having jurisdiction thereof shall grant an injunction to restrain and prevent such manufacture, use, display, or sale, and shall award the complainants such damages resulting from such wrongful use as may be proved, and shall require the defendants to pay to the party injured the profits derived from such wrongful use, or both profits and damages; and the court shall also order all such counterfeits, in the possession, or under the control of the defendant in such case to be delivered to an officer of the court or to the complainant, to be destroyed. [Id., § 4.]

3553 SEC. 5. [Suits against wrongful users.] And be it enacted, that in like manner such unions or associations shall be authorized to proceed against all persons who shall wrongfully use, or display the genuine labels, trade marks, or forms of advertisments of the respective associations or unions not being authorized by such associations or unions to use or display the same. [Id., § 5.]

CHAP. 47a. "An act to protect the associations and unions of workingmen in the use of labels, trade marks, and other forms of advertising goods manufactured by members of such a sociations and unions, and to provide a penalty for the violation thereof." Laws, 1891, chap. 15. Took effect Aug. 1, 1891.

CHAPTER 48.-LEGISLATURE.

3554 SECTION 1. [Certificate of members.] The clerks of each house shall file the certificates presented by members, each for his own house, and make a roll of the members who thus appear to be elected, and the persons thus appearing to be elected members shall proceed to elect such other officers as may be required for the time being. [R. S., § 3. G. S., § 3.]

3555 SEC. 2. Joint committee on credentials.] When the houses are temporarily organized they shall elect a committee of five on the part of the house and three on the part of the council, by ballot, which committee shall examine and report upon the credentials of those claiming to be elected members of their respective houses, and when such report is made, those reported as elected shall proceed to the permanent organization of their respective houses, and each house shall be the sole judge of the election returns and qualifications of its own members. [Id., § 4.]

3556 SEC. 3. [Oaths.] Any member may administer oaths in the house of which he is a member, and while acting on a committee may administer oaths on the business of such committee. [Id., § 5.]

3557 SEC. 4. [Not liable for words spoken in debate.] No member of the legislative assembly shall be questioned in any other place for any speech or words spoken in debate in either house. [Id., § 6.]

3558 SEC. 5. [Contempts.] Each house of the legislative assembly has power and authority to punish as a contempt by fine or imprisonment, or either of them, the offense of knowingly arresting a member in violation of his privilege; of assaulting or threatening to assault a member, or threatening to do him any harm, in person or property, for anything said or done in either house, as a member thereof; of attempting, by menace or other corrupt means, to control or influence a member in giving his vote, or to prevent his giving it; of disorderly or contemptuous conduct, tending to disturb its proceedings; of refusing to attend, or to be sworn, or to be examined as a witness before either house or a committee, when duly summoned; of assaulting or preventing any person going to either house or its committee by order thereof, knowing the same; of rescuing or attempting to rescue any person arrested by order of either house, knowing such arrest; and of knowingly injuring any officer of either house in the discharge of his duties as such. [Id., § 7.]

3559 SEC. 6. [Imprisonment.] Imprisonment for contempt of either house shall not be for more than six hours, and shall be in the jail of the county in which the legislative assembly may then be sitting, or if there be no jail, then in one of the nearest county jails. [Id., § 8.]

3560 SEC. 7. [Fine.] Should a fine be imposed for any offense mentioned in section seven, it shall not exceed fifty dollars. [Id., § 9.]

3561 SEC. 8. [Same-Warrant of commitment.] Fines and imprisonment shall be only by virtue of an order of the proper house, entered on its journals, stating the grounds therefor. Imprisonment shall be effected by a warrant, under the hand of the presiding officer, for the time being, of the house ordering it, countersigned by the clerk of the house, running in the name of the state and directed to the sheriff of the proper county; and under such warrant, the officer of the house, sheriff, and jailer will be authorized to arrest and detain the person. [Id., § 10.]

CHAP. 48. Chap. XXXI. R. S., 249. Chap. 38, G. S., 457. Secs, 1 and 2 of original chapter, abrogated by sec. 7, art. III., Const., are omitted.

3562 SEC. 9. [Same-Collection.] Fines shall be collected by virtue of a similar warrant, directed to any proper officer of the county in which the offender has property, and executed in the same manner as executions for fines issued by courts of justice, and the proceeds shall be paid into the state treasury. [Id., § 11.]

3563 SEC. 10. [Punishment no bar.] Punishment for contempt, as in this chapter provided, is no bar to any other proceeding, civil or criminal, for the same offense. [Id., § 12.]

3564 SEC. 11. [Officers and employees of senate.] That the officers and employes of the senate shall consist of a president, secretary, assistant secretary, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes, not to exceed sixty-six in number, as may be deemed necessary for the proper transaction of business, such other officers or employes to be elected by the senate. 1885, chap. 61. [Amended 1889, chap. 86.]

3565 SEC. 12. [Officers and employees of house.] The officers and employes of the house of representatives shall consist of a speaker, chief clerk, assistant clerk, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes, not exceeding seventy-five in number, as may be deemed necessary for the proper transaction of business. Such other officers or employes to be elected by the house. [Id.]

3566 SEC. 13. [Officers' per diem.] There shall be paid to each of the several officers and employees named in this act, for the official services rendered by them under the provisions of this act, the following sums, and no more: The president of the senate and speaker of the house of representatives shall each be entitled to receive the sum of three dollars per day; the secretary and chief clerk, the sum of four dollars per day; the assistant clerks, the sum of four dollars per day; the sergeant-at-arms, the sum of three dollars per day; the door-keeper, the sum of three dollars per day; the chaplains, the sum of three dollars per day; and the pages the sum of one dollar and fifty cents per day; enrolling and engrossing clerks three dollars per day.

3567 SEC. 14. [Officers' duties.] It shall be the duty of the president of the senate and speaker of the house of representatives to preside over their respective houses, to keep and maintain order during the sessions thereof, and to do and perform the duties devolving on them by general parliamentary usage, and the rules adopted by the two houses. It shall be the duty of the chief clerk of the house of representatives, and the secretary of the senate, to attend the sessions of the respective houses, to call the rolls, read the journals, bills, memorials, resolutions, petitions, and all other papers or documents necessary to be read in either house, to keep a correct journal of the proceedings in each house, and to do and perform such other duties as may be imposed upon them by the two houses, or either of them. The assistant clerk and assistant secretary shall be under the control and direction of the chief clerk and secretary respectively, and shall assist them in the proper discharge of their duties, and shall do and perform such other services as may be directed by the two houses, or either of them. It shall be the duty of the sergeant-at-arms to enforce the attendance of absent members, when directed properly so to do, to arrest all members or other persons, when lawfully authorized so to do, to keep and preserve order during the session of each house, to convey to the post-office the mail matter sent by the respective members, and to receive from the said office the mail matter for the said members, and to deliver the same to them on each morning of the session; to obey and enforce the orders of the presiding officers, and to do and perform such other duties as may be enjoined on them by law and the respective houses. It shall be the duty of the door-keepers to prepare and keep in order the