execution may issue upon said stock for the collection of said damages and costs, as in other cases: Provided, That either party may have an appeal from said judgment, as in other cases before justices of the peace. Said arbitrators shall be allowed two dollars each for their services: Provided further, That if before the trial by said arbitrator or arbitrators, the owner of said stock shall tender to the person injured, an amount in lieu of said damage and costs which may have accrued, which shall equal the amount of damage afterward awarded by the arbitrators, court, or jury, or shall affirm [offer in] writing, to confess judgment for the same, and if, notwithstanding the said injured person refusing said offer, cause the trial to proceed, he shall pay costs and necessarily the damage awarded. [Amended 1875, 186.]

386 SEC. 7. [Estrays.] In case the owner of said stock is not known or found in said county, as herein set forth, the taker-up of said stock so trespassing upon cultivated lands, shall, in such cases, proceed as provided by law regulating estrays, and the stock shall be held liable for all damages and costs.

387 SEC. 8. [Cultivated lands.] That cultivated lands, within the meaning of this act, shall include all forest trees, fruit trees, and hedge-rows planted on said lands, also all lands surrounded by a plowed strip, not less than one rod in width, which strip shall be plowed at least once a year. [Amended 1881, chap. 2.] SEC. 9. [Repealed. Laws, 1889, chap. 53.]

SEC. 10. [Repealed. Laws, 1889, chap. 53.]

388 SEC. 11. [Action against owner.] Nothing herein contained shall be so construed as to prevent any owner of cultivated lands, or fruit and forest trees from maintaining an action for all damages caused by stock which has escaped or been driven away from the premises of the party, thus damaged, against the owner the stock causing such damages.

389 SEC. 12. [Sheep and swine.] That from and after the first day of March, A. D. 1875, sheep and swine shall be restrained from running at large in the state of Nebraska. [1875, § 1, 190.]

390 SEC. 13. [Damages.] That all damages to property committed by such stock so running at large, shall be paid by the owner of said stock, and the person whose property is damaged thereby, may have a lien upon said trespassing animal for the full amount of damages and costs, and enforce and collect the same by the proper civil action. [Id., § 2.]

391 SEC. 14. [Running at large in the night time.] No cattle, horses, mules, swine, or sheep, shall run at large during the night time, between sunset and sunrise, in the state of Nebraska, and the owner or owners of any such animal shall be liable in an action for damages done during such night time. [1879, § 1, 165.]

392 SEC. 15. [Damages.] Damages shall be assessed and collected by notice given to owners, and arbitrators chosen, stock sold, judgment awarded; and in case of estrays, as provided in sections 2, 3, 4, 5, 6, 7, and 8 of this article.

ARTICLE IV.--MISCELLANEOUS.

DAMAGES TO CULTIVATED LANDS.

393 SECTION 1. [Penalty.] That any person or persons who shall go upon or pass over any cultivated or enclosed land in this state, without the consent of the

SEC. 8. Strip must be plowed. 37 Neb., 870.

SEC. 12. Cited 14 Neb., 16.

SEC. 14. Cited 14 Neb., 74. Bull allowed to remain in pasture broken into killing mare of third party, owner liable. Duggan v. Hansen, 61 N. W. R., 622.

ART. IV. This article embraces: 1. "An act to protect owners and occupants of enclosed and cultivated lands from trespass and damage." Laws, 1871, 126. G. S., 86. 2. "An act to provide for the planting of shade trees in towns, cities, and villages." Laws, 1871, 51. G. S., 87. 3. "An act to encourage the growth and cultivation of timber in the state of Nebraska." Laws, 1879, 187. The act to encourage the growth of timber and fruit trees (1869, 68: G. S. 838) having been pronounced unconstitutional, 7 Neb, 228, is omitted. 10 Neb., 215. This act does not take away right of owner to a reasonable resistance against trespassers. 16 Neb., 503.

owner or occupant thereof, or who shall do, or whose accompanying dog shall do any damage to or upon said premises, or to any property thereon, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than the amount of damage committed, nor more than double the amount of such damage, and in addition thereto shall be liable to the person or persons suffering such damages, for the amount thereof. [1871, 126. G. S., § 50, 86.]

394 SEC. 2. [Refusal to depart from another's land.] Any person or persons who shall enter or go upon any enclosure or cultivated lands, owned or occupied by another, and shall refuse upon the request of the owner or occupant thereof to go immediately therefrom, shall for each such refusal be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine not less than five dollars, nor more than fifty dollars, for each such offense. [Id., § 2.]

SHADE TREES.

395 SEC. 3. [Duties of corporate authorities.] That the corporate authorities of the cities and villages of the state of Nebraska shall cause shade trees to be planted along the streets thereof. [1871, § 1, 51. G. S., 87.]

396 SEC. 4. [Tax.] For the above purpose a tax of not less than one dollar, nor more than five dollars, in addition to all other taxes, shall be levied upon each lot adjacent to which trees are to be planted as aforesaid and collected as other taxes. [Id., § 2.]

397 SEC. 5. [Distance.] Trees shall be annually planted when practicable on each side of one-fourth of the streets in each city and village in the state of Nebraska, until all shall have shade trees along them not more than twenty feet apart. [Id., § 3.]

398 SEC. 6. [Same.] The corporate authorities aforesaid shall provide, by ordinance, the distance from the side of the street that trees shall be planted, and the size thereof. [Id., § 4.]

399 SEC. 7. [Exemption.] Provided the owner of any lot or lots may plant trees adjacent thereto where ordered as above in the manner and of the size prescribed, and on making proof thereof by affidavit to collector, said affidavit shall exempt said owner from the payment of the aforesaid tax. [Id., § 5.]

400 SEC. 8. [Penalty.] Any person who shall materially injure or shall destroy the shade tree or trees of another, or permit his animals to injure or destroy them, shall be liable to a fine of not less than five dollars nor more than fifty dollars for each tree thus injured or destroyed, which fine shall be collected on complaint of any person or persons before any court of proper jurisdiction. One half of all fines thus collected shall be paid to the owner of the trees injured or destroyed; the other half shall be paid into the school fund. [Id., § 6.]

401 SEC. 9. [Business lots.] That this act shall not apply to any person that is occupant of any business lot without his consent. [Id., § 7.]

CULTIVATION OF TIMBER.

402 SEC. 10. [Bounty.] That when any person shall plant and properly cultivate for the term of five years, six rows of trees, eight feet apart, and the trees four feet apart in the row-along either the north section, or the half section line, running east and west-said rows to be not nearer to the said north section or half section line than four feet or than the south line of any road which may be laid out on said north section or half section line, or when any person shall fill out to the standard above prescribed, and keep the same in a proper state of cultivation for the time

SEC. 8. But see secs. 88, 89, 90, and 91, Part III, Criminal Code, this volume, passed subsequent to the above section. And see also as to fines, Constitution, art. VIII, sec. 5.

above stated, any rows of trees that may previously have been planted along said north section or said half section line, it shall be the duty of the county commissioners to pay to such person by warrant on the county treasurer, a sum of money, amounting to three dollars and thirty-three cents per acre, for each acre so planted and cultivated, annually, so long as the same is planted and kept growing and in a proper state of cultivation, for a period not to exceed the space of five years, and to an extent not to exceed three acres of land. [1879, § 1, 187.]

403 SEC. 11. [Duty of assessors.] It shall be the duty of the assessor of each precinct to make proper examination and report to the county commissioners at the time of his annual report, the condition of all timber so planted and cultivated under the provisions of this act. [Id., § 2]

SUGAR BOUNTY.

404 SEC. 12. [Sugar bounty-Amount.] That there shall be paid out of the state treasury to any person, firm or corporation engaged in the manufacture of sugar in this state, from beets, sorghum, or other sugar yielding canes or plants grown in Nebraska, the sum of five-eighths (3) of one cent per pound upon each and every pound of sugar so manufactured under the conditions and restrictions of this act. Provided, further, that if any person, firm or corporation shall from and after the passage of this act establish and operate other and additional factories for the manufacture of sugar from beets, sorghum, or other sugar yielding canes or plants grown in the state of Nebraska, then there shall be paid out of the state treasury to any such person, firm or corporation, in addition to the five-eighths (3) of one cent hereinbefore provided for, the sum of three eighths (3) of one cent upon each and every pound of sugar manufactured in such manufactory built in this state, under the conditions and restrictions of this act. [1895, chap. 1, § 1.]

405 SEC. 13. [Same-Quality-Inspection-Original packages.] No money shall be paid upon sugar not containing at least ninety (90 per cent) per cent of crystallized sugar, nor upon sugar produced from beets for which as much as five dollars ($5.00) per ton shall not have been paid to the producer, nor upon sugar produced from beets raised by a manufacturer of sugar. The quantity and quality of sugar upon which said money is to be paid shall be determined by the secretary of the state, with whom all claimants shall from time to time, file verified statements showing the quantity and quality of sugar manufactured by them, the price paid the producer for beets, and upon which said money is claimed. The said secretary shall, without unnecessary delay, visit or cause to be visited by such person as he shall designate in writing, the factory where said sugar has been produced, or manufactured, and take such evidence by the sworn testimony of the officer or employes of such factory, or others, as to amount and quality of sugar so manufactured, and the price paid for beets, as to him or the person so designated by him, shall appear satisfactory and conclusive. The sugar so manufactured shall be placed by the manufacturer in original packages, which shall be examined and branded by the said secretary, or person by him designated, with a suitable brand showing the quantity and quality of sugar contained in each of said packages, of which an accurate account shall be kept by said inspector, and filed in the office of the secretary of state. [Id., § 2.]

406 SEC. 14. [Inspectors-Duties-Compensation.] It shall be the duty of the secretary of state to appoint a resident inspector in each town where one or more manufactories of sugar may be located in this state, the aggregate output of which factories shall exceed two thousand (2,000) pounds of sugar per day, and such examiner shall make such examinations, take such evidence and make

SECS. 12-20. "An act to provide for the encouragement of the manufacture of sugar and chicory and to provide a compensation therefor." Laws, 1895, chap. 1. Took effect Aug. 1, 1895.

The compen

such records and reports as is specified in section two (2) of this act. sation or fee for such service of said resident inspector shall not exceed the sum of twenty-five (25c) cents per package for each package so branded, nor the sum of five ($5) dollars per day for any one day's service, and such resident inspector shall be required to give a good and sufficient bond in the sum of not less than two thousand dollars ($2,000) to the state of Nebraska, contingent on the faithful performance of his duties, said bond to be approved by the said secretary of state. Said fees or compensation, together with the cost of said brand and any and all analysis that the said secretary of state or other authorized inspectors shall require to be made, shall be borne and paid by the claimant of said money. [Id., § 3.]

407 SEC. 15. [Weighman-Duties-Compensation.] It shall be the duty of the secretary of state to appoint at each sugar manufactory in this state where the output of such manufactory shall exceed two thousand (2,000) pounds of sugar per day a person who shall weigh all beets received by the person, firm, or corporation operating such manufactory. Such person shall be known as the Weighman and he shall keep accurate record of all duties performed by him. He shall discharge all duties pertaining to his position in an impartial manner and shall furnish the secretary of state with a good and sufficient bond in the sum of two thousand ($2,000) dollars for the faithful discharge of his duties as prescribed by this act. The secretary of state may appoint such person or persons to assist said Weighman as the service to be performed may require. Each person so appointed shall give bond as provided by this section. The Weighman shall take into his possession, promptly on receipt of beets at such manufactory, such samples of beets as he deems fair and equitable, from which to remove dirt or other dockage. He shall then promptly weigh all beets from which such samples have been taken and keep an accurate record of all weights and all such records shall show the names of both the seller and the buyer. The weights furnished by said Weighman shall be accepted by both the seller and the buyer and upon such weights so furnished settlement between the seller and buyer shall be made. The compensation or fee allowed such Weighman shall not exceed the sum of five ($5.00) per day for time. actually employed and for his assistants a sum not to exceed three ($3.00) dollars per day for time actually employed. All expense arising from the duties of said weighman or his assistants as prescribed by this act, shall be paid by the person, firm, or corporation operating such manufactory where such expense is incurred. [Id., § 4.]

CHICORY BOUNTY.

408 SEC. 16. [Chicory bounty-Amount.] That there shall be paid out of the state treasury to any person, firm, or corporation, engaged in the manufacture of chicory in the state, from chicory beets or plants grown in Nebraska, the sum of five-eighths of one cent per pound upon each and every pound of chicory so manufactured under the conditions and restrictions of this act. Provided further, That if any person, firm, or corporation shall from and after the passage of this act establish and operate other factories for the manufacture of chicory from chicory beets, then there shall be paid out of the state treasury to any such person, firm, or corporation, in addition to the five-eighths (g) of one cent herein before provided for, the sum of three-eightlis (3) of one cent upon each and every pound of chicory manufactured in such manufactory, built in the state under the conditions and restrictions of this act. [Id., § 5.]

409 SEC. 17. [Same-Quality-Inspection.] No money shall be paid upon chicory not containing at least ninetynine (99) per cent of pure chicory, nor upon chicory produced from beets for which as much as $10.50 per ton shall not

have been paid to the producer. The quantity and quality of chicory upon which money is to be paid shall be determined by the secretary of state, with whom all claimants shall from time to time file verified statements showing the quantity and quality of chicory manufactured by them, the price paid the producer of beets, and upon which said money is claimed. The said secretary shall, without unnecessary delay visit, or cause to be visited by such person as he shall designate in writing, the factory where said chicory has been produced or manufactured, and take such evidence by the sworn testimony of the officers or employes of such factory, or others, as to amount and quality of chicory so manufactured, and the price paid for beets, as to him, or the person so designated by him, shall appear satisfactory and conclusive. [Id., § 6.]

410 SEC. 18. [Inspectors-Duties-Compensation.] It shall be the duty of the secretary of state to appoint a resident inspector in each town where one or more manufactories of cificory may be located in this state, the aggregate output of which factories shall exceed two thousand (2,000) pounds per day, and such examiner shall make such examination, take such evidence, and make such records and reports as is specified in section 6 of this act. Compensation or fee for such service of said resident inspector shall not exceed the sum of five dollars ($5) per day for any day's service, and such resident inspector shall be required to give a good and sufficient bond in the sum of not less than two thousand dollars ($2,000) to the state of Nebraska, contingent on the faithful performance of his duties, said bond to be approved by the secretary of state. Said fee or compensation shall be paid by the claimant of said money. [Id., § 7.]

411 SEC. 19. [Bounties-Payment.] When any claim arising under this act is filed, verified, and approved by the secretary of state, as herein provided, he shall certify the same to the auditor of state, who shall draw a warrant upon the state treasurer for the amount due thereon, payable to the party or parties to whom said sum or sums are due. [Id., § 8.]

412 SEC. 20. [Limitations of act.] This act shall apply for a period of three (3) years; Provided, That no money herein provided for shall be paid upon sugar or chicory manufactured prior to the taking effect of this act. [Id., § 9.]

RUSSIAN THISTLES.

413 SEC. 21. [Russian thistle a nuisance.] That the weed commonly known as the "Russian Thistle is hereby declared a public nuisance demanding prompt and efficient action on the part of the state for its abatement. [1895, chap. 2, § 1.]

414 SEC. 22. [Permitting Russian thistles to grow, etc.-Evidence.] Any person or persons, company or corporations, owning or occupying any land within this state whether said land be within the limits of any village or city or elsewhere, or having the control of any such land, who shall knowingly permit or suffer any "Russian Thistle" to grow or remain thereon after the expiration of the date named in the notice as provided for in section 3 of this act, shall be deemed guilty of a misdemeanor and of maintaining a public nuisance, and on conviction thereof before any court having jurisdiction shall be punished by a fine of not less than ten dollars or more than one hundred dollars and costs of prosecution, and the finding of such thistle or thistles standing and growing on any such land after the date named in the notice shall be prima facie evidence that the person or corporation owning or occupying the same or having the control thereof knew of and permited the same to grow and remain thereon. [Id., § 2.]

SECS. 21-36. "An act to provide for the destruction of the Russian thistle, to prevent its spread, to provide for the collection of expenses incurred thereby, and to fix penalties for a violation of this act." Took effect April 5, 1895. Laws, 1895, chap. 2.