a majority of the resident freeholders, representing a majority of the number of acres of the irrigable land in any Irrigation District organized, or, hereafter to be organized under the Act known as "House Roll No. "332," Chapter seventy (70), of the session laws of Nebraska, of the year 1895, entitled, "An Act to provide for the organization and government of Irrigation districts, shall petition the Board of Directors to call a special election, for the purpose of submitting to the qualified electors of said Irrigation district, a proposition to vote on the discontinuation of said Irrigation district, setting forth in said petition, that all bills and claims of every nature whatsoever have been fully satisfied and paid. It shall be the duty of said Board of Directors, if they shall be satisfied that all claims and bills have been fully satisfied, to call an election, setting forth the object of said election, and to cause notice of said election to be published in some newspaper in each of the counties or county in which said District is located, for a period of thirty (30) days prior to said election, setting forth the time and place for holding said election in each of the three voting precincts in said district. [Laws, 1897, chap. 91, § 1.]

5568b SEC. 58b. [Same-Ballots.] It shall also be the duty of the directors to provide for the election of officers, and to prepare ballots to be used at said election, on which shall be written or printed the words: For discontinuation, "Yes" and For Discontinuation, "No." [Id., § 2.]

year.

5568c SEC. 58c. [Same-Canvass-Record.] The Board of Directors shall name a day for canvassing the vote and if it shall appear that a majority of said Ballots contain the words, For discontinuation "Yes," then it shall be the duty of said Board of Directors to declare said district disorganized, And shall certify to the Clerk of the district court, stating the number of signors to said petition. That said election was called, and set for the ...... day of ...... month of That said election was held and that so many votes, (stating the number) had been cast for, and that so many votes, (stating the number) had been cast against said proposition, said certificate to bear the seal of the district, and the signatures of the President and Secretary of said Board of Directors. And it shall be the duty of the Clerk of the District Court to record all such certificates in a book kept for that purpose, and should it appear that a majority of the votes cast at said election were for Discontinuation "No," then the Board of Directors shall deciare the proposi tion lost and shall cause the result and the vote to be made a part of the records of said Irrigation District. [Id., § 3.]

5569 SEC. 59. [Judicial examination of bond history.] The board of directors of an irrigation district organized under the provisions of this act may commence a special proceeding, in and by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of said district, whether said bonds or any of them have or have not been sold, may judicially examined, approved and confirmed. [Id., § 59.]

be

5570 SEC. 60. [Same-Petition.] The board of directors of the irrigation district shall file in the district court of the county in which the lands of the dis trict, or some portion thereof, are situated a petition praying, in effect, that the proceedings aforesaid may be examined, approved and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue and sale of said bonds, and shall state generally that the irrigation district was duly organized, and that the first board of directors was duly elected; but the petition need not state the facts showing such organization of the district, or the election of said first board of directors. [Id., § 60.]

5571 SEC. 61. [Same-Notice of hearing.] The court shall fix the time for the hearing of said petition, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and pub

lished in the same manner and for the same length of time that the notice of a special election provided for by said act to determine whether the bonds of said district shall be issued is required to be given and published. The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petition, and that any person interested in the organization of said district, or in the proceedings for the issue or sale of said bonds, may, on or before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and described in said notice as the petition of the board of directors of irrigation district (giving its name), praying that the proceedings for the issue and sale of said bonds of said district may be examined, approved and confirmed by the court. [Id., § 61.]

....

5572 SEC. 62. [Same-Answer-Pleading.] Any person interested in said district, or in the issue or sale of said bonds, may demur to or answer said petition. The provisions of the code of civil procedure respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The person so demurring and answering said petition shall be the defendants to the special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer must, for the purpose of said special proceeding be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act are applicable to the special proseeding herein provided for. [Id., § 62.]

5573 SEC. 63. [Same-Determination-Costs.] Upon the hearing of such special proceeding the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, each and all the proceedings for the organization of said district under the provisions of the said act, from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of said bonds, and the order of the sale and the sale thereof. The court in inquiring into the regularity, legality or correctness of said proceedings must disregard an error, irregularity or omission which does not affect the substantial rights of the parties to said special proceeding; and it may approve and confirm such proceedings in part, and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner in this act prescribed. The costs of the special proceedings may be allowed and apportioned between the parties, in the discretion of the court. [Id., 63.]

5574 SEC. 64. [Foreign state water.] Provided, That when any district contemplated in this act shall find it necessary to procure and acquire the supply of water necessary for any or all ditches outside of the boundaries of this state, and from some adjoining state, then in such event it shall be lawful for such district to contract or bargain with any person, company, or corporation legally existing within such state, outside of the boundaries of this state for the required supply of such necessary water for said district within the state. The voting, issuance, and sale of bonds in such district within the state for the payment of such rights and franchises of such persons, companies, or corporations of such foreign state, for the use and benefit of such district within this state, shall be deemed valid, and of full force and effect and have the same operation as though same rights and franchises existed wholly within this state. [Id., § 64.]

5575, 5576 ART. IV. [County water canals. Unconstitutional. Neb., 423.]

CHAPTER 94.-WEIGHTS AND MEASURES.

5577 SECTION 1. [Standards-Tons.] The standard of weights and linear measures shall be the same as that established by act of congress, for the several states, except that the ton shall consist of two thousand pounds.

5578 SEC. 2. [Bushel-Subdivisions.] A bushel shall consist of two thousand one hundred and fifty cubic inches. The half-bushel, peck, and half-peck shall consist of the proper division and subdivision of a bushel.

5579 SEC. 3. [Gallon.] A gallon shall consist of two hundred and thirtyone cubic inches.

5580 SEC. 4. [Pound.] A pound avoirdupois shall consist of seven thousand grains in Troy weight.

5581 SEC. 5. [Weight of bushel of articles.] A bushel of each of the articles enumerated in this section shall consist of the number of pounds respectively affixed to each, viz.:

Apples, dried, per bushel......

Barley...

..........

Beans, castor...

Beans, white...

Bran......

Buckwheat

Coal, stone...

Corn, ear....

Corn, shelled.........

24 pounds.

48

5581a SEC. 5a. [Brick-Standard size.] That the standard size of brick sold in the State of Nebraska shall be eight and one-fourth (8 1-4) inches long, four (4) inches wide and two and one-half (2 1-2) inches thick. [1901, chap. 78.]

SEC. 56. [Brick, selling.] It shall be unlawful for any person, persons or corporation to sell any brick of any other size than that specified in section 1 of this act, without notifying the purchaser in writing of the size of such brick at the time. of sale. [Id., § 2.1

5581b SEC. 5c. [Contractors-Builders.] Any contractor or builder who shall furnish any brick not of the standard size provided in section 1 of this act, shall be considered as subject to the provisions of this act. [Id., § 3.]

5581c SEC. 5d. [Violation of act-Penalty.] Any person, persons or corporation violating any of the provisions of this act, shall, on conviction, be fined in any sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars. [Id., § 4.]

5582 SEC. 6. [False weights and measures-Penalty.] Any person who shall knowingly keep false weights or measures, and shalt buy and sell articles thereby, shall forfeit and pay, upon conviction, a fine of not less than five nor more than twenty-five dollars, to be recovered before any court having competent jurisdiction; the fine shall be appropriated to the use of common schools in the same county; he shall also be liable to the injured party in double the amount of damages, with costs of suit.

5582a SEC. 7. [Public scales.] That scales may be erected in the State of Nebraska for public use at public expense. Provided, that counties under township organization may adopt the privilege granted by this act by townships. At the annual meeting of such township such meeting may determine the location and number of such scales to be erected and located in said township and levy a tax to pay for same. [Laws, 1897, chap. 87, § 1.]

5582b SEC. 8. [Weigh-master.] When such scales shall be erected it shall be the duty of the Township Board to appoint a weigh-master upon petition of the electors living in the immediate vicinity of the scales so located, who shall, under oath, promise to perform the duties of his office faithfully and honestly and the weigh master so appointed shall continue in office until removed by the Township Board or by resignation. [Id., § 2.]

5582c SEC. 9. [Scales, testing.] The scales shall be first-class and of standard make. The Township Board shall from time to time, as in their judgment seems necessary, test the scales as to their accuracy and properly adjust the same. [Id., § 3.]

5582d SEC. 10. [Disputes.] Whenever disputes arise between two parties within the limits of the Township where such scales are located, over the first weighing of any article, the same shall be weighed a second time on said public scales; and the weigh-master's receipt therefor shall be final. [Id., § 4.]

5582e SEC. 11. [Weigh-master-Salary.] The Township Board shall fix and regulate the fee or salary of said weigh-master and the fees for weighing, Provided nothing in this act shall be construed to prevent the public from using such scales, without employing the weigh-master, subject to the rules to be made by the Township Board of such township. [Id., § 5.]

5582f SEC. 12. [Townships under commissioner system.] Townships in counties under Commissioner system, wishing to adopt the provisions of

SECS 5a-d.

"An act to provide a standard size of brick in the State of Nebraska and to provide a penalty for the violation of this act." Laws, 1901, chap. 78. Took effect April 1, 1901.

SEC. 6. As to double damages, see 6 Neb.. 37.

SECS 7-12.

"An act to provide for public scales and the appointment of a weighmaster." Took effect July 10, 1897. Laws, 1897, chap. 87.

this act, shall petition to the commissioners of such county, and where a majority of the electors so petition, the same shall be granted: Provided, that all duties and pow ers imposed upon Township Officers by the provisions of this act where counties are under Township organization system shall be performed by the county commissioners of counties under commissioner system. [Id., § 6.]