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liquors may be found, the officer taking the same shall post in a conspicuous place on said building or premises a copy of his warrant, and take possession of said liquors and the vessels containing the same, and hold them subject to the order of the magistrate and make return of his doings to the magistrate issuing the warrant. Whereupon it shall be the duty of the magistrate to fix a time for the hearing of the question of the purposes for which said liquors were kept, and issue a notice thereof to the officer, who shall post a copy thereof on the building or premises where the liquors were found; Provided, That the day so fixed shall not be less than five nor more than ten days from the date of the issuance of said notice. If at the time fixed for said hearing no person appears, or if any person does appear, after a hearing, the magistrate shall be satisfied that said liquors were being kept, or sold, or with the intention and for the purpose of being sold, in violation of this chapter, the magistrate shall order the same destroyed, and in case there is no appearance by any one claiming to be the owner of said liquors the costs shall be paid by the county in which the complaint is brought for cases where the defendant is acquitted, and if any one appears and resists the complaint he shall be adjudged to pay the costs if the liquor be ordered destroyed; Provided, The possession of said liquors are not found to be for an unlawful purpose the magistrate shall order them returned to the place where seized. [Id., § 3.]

3613 SEC. 23. [Fines-Payments-Complaining witness.] All fines and penalties recovered under the provisions of this act shall, when collected, be paid into the proper treasury for the use of the school fund, and the corporate authorities by whom such license was issued shall pay to the complaining witness in such action, out of the general fund of the county or city, an amount equal to onefourth of the sum actually collected and paid over to the school fund as aforesaid.

3614 SEC. 24. [Druggists.] The county board, under the restrictions contained in section one (1) of this act, may grant permits to druggists to sell liquors for medicinal, mechanical, and chemical purposes upon a compliance with all the provisions herein before contained, and subject to all the requirements and penalties contained in this act, except that no license fee shall be required except the cost of issuing said permit.

3615 SEC. 25. [License in cities.] The corporate authorities of all cities and villages shall have power to license, regulate and prohibit the selling or giving away of any intoxicating, malt, spirituous and vinous, mixed or fermented liquors within the limits of such city or village, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license, not less than five hundred ($500.00) dollars in villages and cities having not more than ten thousand (10,000) population nor less than one thousand ($1000.00) dollars in metropolitan cities and cities of the first class, and cities having over ten thousand (10,000) population; Provided, however, That in cities of the metropolitan class the power to license the selling or giving away of any intoxicating, malt, spirituous, vinous, mixed, or fermented liquors shall be vested exclusively in the board of fire and police commissioners of such city, and as compensation for such services they shall each receive the sum of four hundred ($400.00) dollars annually, payable out of the police fund of their respective cities; Provided further, That in cities of the first class having more than twenty-five thousand (25,000) and less than eighty thousand (80,000) inhabitants the power to license the selling or giving away of any intoxicating, malt, spirituous, vinous, mixed, or fermented liquors shall be vested exclusively in the excise board of such cities. Provided further, That the city council in cities, except in cities of the metropolitan class, and in such cities the board of fire and police commissioners, and except in cities of the first class having

more than twenty-five thousand (25,000) and less than eighty thousand (80,000) inhabitants and in said cities the excise board or the board of trustees in villages may grant permits to druggists for the sale of liquors for medicinal, mechanical, and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance and subject to the provisions of sections 26 of this act; Provided further, That in granting licenses or permits such corporate authorities in cities and villages and the board of fire and police commissioners in cities of the metropolitan class, shall comply with and be governed by all the provisions of this act in regard to granting of licenses and all the provisions and penalties contained in this act shall be applicable to such licenses and permits, and the persons to whom they are granted; Provided further, That in granting any license the petition therefor shall be sufficient if signed by thirty (30) of the resident freeholders, or if there are less than sixty (60), a majority of the freeholders of the ward or village where the sale of such liquors is to take place. [Amended 1889, chap. 20.]

3616 SEC. 26. [Druggist's register-Penalty.] Any druggist to whom a permit may be granted, as contemplated in sections 24 and 25 of this act, shall keep in a book, provided by him for that purpose, a register of all liquors sold or given away by him, which register shall show the dates, kind, quantity, for what purpose and to whom such liquor was sold or given away, which book shall be at all times open to the inspection of the public; all druggists to whom such permit may be granted shall, on the first Monday of January and July of each year file in the office of the clerk of the authorities granting such permits, a report of all entries made in said register as contemplated in this section since his last report, which report shall be subscribed and sworn to as correct by said druggist, and that he has not sold or given away either by himself, clerk, or agent any liquors other than as stated in said report. Any druggist failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, for each and every offense, shall be fined in any sum not less than twenty dollars ($20) nor more than one hundred ($100) dollars and be imprisoned in the county jail not less than ten days nor more than thirty days in the discretion of the court.

3617 SEC. 27. [False statements.] If any one purchasing intoxicating liquors of a person authorized to sell, shall make to such person any false statement regarding the use to which such liquor is intended by the purchaser to be applied, such person so obtaining such liquor shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, forfeit and pay a fine of ten dollars, together with costs of prosecution, or shall stand committed until the same is paid. For the second offense he shall pay a fine of twenty dollars and costs of prosecution, and be imprisoned in the county jail not less than ten days nor more than thirty days. 3618 SEC. 28. [Intoxication-Punishment.] If any person shall be found in a state of intoxication he shall be deemed guilty of a misdemeanor, and any peace officer may, without warrant, and it is hereby made his duty to take such person into custody, and to detain him in some suitable place till an information can be made before a magistrate and a warrant issued in due form, upon which he may be arrested and tried, and if found guilty, he shall pay a fine of ten dollars and the costs of prosecution, or shall be imprisoned in the county jail not more than thirty days. But the magistrate before whom such person is tried and convicted may remit any portion of such penalty and order the prisoner to be discharged upon his giving information under oath, stating when, where, and of whom he purchased or received the liquor which produced the intoxication, and the name and character of the liquor

SEC. 28. Form of complaint. 26 Neb., 757.

obtained. In cases arising under this section appeals may be allowed as in cases of ordinary misdemeanor within the jurisdiction of the justices of the peace.

3619 SEC. 29. [Saloons open to view.] It shall be the duty of all vendors of malt, spirituous, or vinous liquors, under the provisions of this act, to keep the windows and doors of their respective places of business unobstructed by screens, blinds, paint, or other articles, and any person offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $25, or be imprisoned in the county jail not less than ten days, or both, at the discretion of the court, and shall have his license revoked by the same authority granting the same.

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3620 SEC. 30. [Acts repealed.] That chapter 53 of the code of criminal procedure of the general statutes 1873, entitled, "License and sale of liquors," and an act entitled "An act to amend section 575 of chapter 58 of the criminal code,' approved February 9, 1875, and an act entitled "An act to regulate the issuance of license for, and the sale of malt, vinous, and spirituous liquors in the state of Nebraska," approved February 25, 1875, be and the same are hereby repealed.

TREATING IN SALOONS.

3621 SEC. 31. [Treating in public place.] All persons are prohibited from treating or giving away any liquor, beer, wine, or intoxicating beverage whatever, purchased and to be drank in any saloon or other public place where such liquors or beverages are kept for sale. [1881, § 1, chap. 62.]

3622 SEC. 32. [Same-Penalty.] Any person treating of [or] offering to treat any other person, or accepting, or offering to accept any treat or gift of any intoxicating drink whatever in any saloon or public place where such liquors are kept for sale, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be subject to a fine of ten dollars, or imprisonment in the common jail of the county for ten days, or both, at the discretion of the court; and in addition thereto shall pay into said court the sum of fifteen dollars, to be paid to the attorney prosecuting the case if there be one; and if no attorney prosecutes, then to be paid in the school fund of the county in addition to the fine. [Id., § 2.]

SALE NEAR CAMP MEETINGS.

3623 SEC. 33. [Sale of liquors prohibited in certain cases.] That no person shall sell, or expose for sale, give, barter, or otherwise dispose of, in any way or at any place, any spirituous or other liquors, or any article of traffic whatever, at or within the distance of three miles from the place where any religious society or assemblage of people are collected or collecting together for religious worship in any field or woodland; Provided, That nothing in this act shall effect tavern keepers from exercising their calling, nor distillers, manufacturers, or others in prosecuting their regular trades, at their places of business, or any persons disposing of any ordinary articles of provisions, excepting spirituous liquors at their residences, nor any person having written permit from the trustees or managers of any such religious society or assemblage, to sell provisions for the supply of persons attending such religous worship, their horses or cattle, such persons acting in conformity to the regulations of said religious assembly and to the laws of the state. [1877, § 1, 6.]

SECS. 31, 32.

"An act to prevent treating in saloons and other public places." Approved Feb. 28. Took effect June 1, 1881. Cited 15 Neb., 156. "An act for the prevention of certain immoral practices." Laws, 1877, 6. Took effect June 1, 1877. Design of statute stated.

SECS. 33-35.

13 Neb., 195.

3624 SEC. 34. [Penalty.] That any person found guilty of committing a breach of the provisions of this act shall forfeit and pay for every such offense, a fine of not less than twenty nor more than one hundred dollars, into the county treasury of the county within which such offense is committed, for the use of the common schools in said county, and any county judge, sheriff, coroner, or justice of the peace, shall, upon view or information and with or without warrant, apprehend any person or persons so offending, and seize all such liquors or other articles of traffic, and the utensils or furniture containing them, and convey them before a justice of the peace or the county judge within the county in which such crime or offense may be committed, and the said county judge or justice of the peace upon complaint, under oath or affirmation of said officer apprehending such offender or any person giving information, shall issue his warrant of arrest, which shall be formally served by the proper officer, and proceed to enquire into the truth of said accusation, and, if found true, shall proceed to bind said offender or offenders in an amount not exceeding five hundred dollars, as he shall deem proper, to answer at the next regular term of the district court, in and for the county in which such offense shall have been committed, to be proceeded with by indictment, the fine and costs to be allotted as in other criminal cases; Provided however, That if such offender or offenders shall shall plead guilty, said judge or justice shall affix the penalty and proceed to judgment, and in such case he shall immediately issue execution against the property and body of the defendant or defendants for the fine and costs unless paid or secured; and said defendant or defendants shall not be discharged until said judgment shall be fully paid or secured to be paid. [Id., § 2.]

3625 SEC. 35. [Costs-Defendant may recover from prosecutor. That in any prosecution against any person or persons for a violation of the provisions of this act, if the defendant or defendants shall be acquitted, he or they shall recover of the person or persons filing the complaint double the amount of his or their costs which said county judge or justice shall award. [Id., § 3.]

CHAPTER 51.-MARKS AND BRANDS.

3626 SECTION 1. [Record.] Every person having cattle, hogs, and sheep shall have a mark or brand, different from the mark or brand of his neighbors, and he shall deliver to the county clerk a description of his mark or brand, and such clerk shall record the same in a well bound book kept by him for that purpose.

3627 SEC. 2. [Duplicate brands.] No person shall have or adopt a mark or brand previously recorded to another person of the same county, neither shall the county clerk record the same mark or brand to more than one person.

3628 SEC. 3. [Single brands.] No person shall use more than one mark or brand for his stock, nor use any other than the one recorded.

3629 SEC. 4. [Animals to be branded-Record-Evidence.] Every person shall mark or brand all his hogs or sheep over six months old, and his cattle over twelve months old, and if any dispute arise about the question of whose any mark or brand may be, the same shall be decided by the record of the county clerk.

3630 SEC. 5. [Recording duplicate brands-Penalty.] If any person shall wilfully and knowingly have a mark or brand recorded, which is already recorded to another person in the same county, he shall be fined not less than twenty dollars nor more than one hundred dollars.

3631 SEC. 6. [Same-Clerk-Penalty.] If any county clerk shall record the same mark or brand to more than one person, he shall forfeit and pay, to the use of the county, a fine not exceeding one hundred dollars.

3632 SEC. 7. [Misbranding another's stock-Penalty.] Every person who shall wilfully and with intent to defraud, misbrand, or mismark any stock not his own shall forfeit and pay for every such offense not less than twenty dollars nor exceeding one hundred dollars.

3633 SEC. 8. [Altering another's brand-Penalty.] If any person alter or deface the mark or brand of any other person, for every head of stock whose mark or brand shall be thus altered or defaced, he shall forfeit not exceeding one hundred dollars.

ACT OF 1879.

3634 SEC. 9. [Stock brands-Adoption.] Any person having cattle, hogs, sheep, horses, mules, or asses shall have the right to adopt a brand or ear-mark, for the use of which he shall have the exclusive right in the county in which such earmark or brand is recorded. [1879, § 1, 157.]]

3635 SEC. 10. [Duplicate brands.] No person shall have or adopt a mark or brand previously recorded to another person of the same county, neither shall the county clerk record the same mark or brand to more than one person. [Id., § 2.]

3636 SEC. 11. [Certificate-Record.] Any person desiring to use any brand or ear-mark, shall make and sign a certificate setting forth a fac-simile and description of the brand and ear-mark which he desires to use, and shall file the same for record in the office of the county clerk of said county in which he resides. And any person so desiring may, in the manner, and with like effect as herein provided, record his brand or marks in any county in this state into which his stock is

CHAP. 51. Chap. XXXIII, R. S., 253. Chap. 39, G. S., 461. Whether this chapter is repealed by the act of 1879, 157, quære. SEC. 8. See sec. 63, Criminal Code.

SECS. 9-16. "An act relating to the use of marks and brands on live stock." Laws, 1879, 157. Took effect. June 1, 1879.

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