CHAPTER 37.-ILLEGITIMATE CHILDREN. 3273 SECTION 1. [Proceedings before justice of the peace.] That on complaint made to any justice of the peace in this state by any unmarried woman resident therein, who shall hereafter be delivered of a bastard child, or being pregnant with a child which, if born alive, may be a bastard, accusing on oath or affirmation any person of being the father of said child, the justice shall take such accusation in writing, and thereupon issue his warrant, directed to the sheriff, coroner, or constable of any county of this state, commanding him forthwith to bring such accused person before said justice, to answer to said complaint; and on return of such warrant the justice, in the presence of the accused person, shall examine the complainant under oath respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers, together with every other part of the examination, shall be reduced to writing by the justice of the peace, and if, on such examination, the party accused shall pay or secure to be paid to the complainant such sum or sums of money or property as she may agree to receive in full satisfaction, and shall further give bonds to the county commissioners of the county in which said complainant shall reside and their successors in office, conditioned to save such county free from all charges toward the maintenance of said child, then and in that case the justice shall discharge the party accused out of custody, or [on] his paying the costs of prosecution; Provided, That the agree ment aforesaid shall be made or acknowledged by both parties in the presence of the justice, who shall thereupon enter a memorandum of the same upon his docket. [1875, 53.] 3274 SEC. 2. [Suit by commissioners.] That, when any woman has a bastard child, and neglects to bring a suit for its maintenance, or commences a suit and fails to prosecute to final judgment, the county commissioners in any county interested in the support of any such bastard child, where sufficient security is not offered to save the county from expense, may bring a suit in behalf of the county against CHAP. 37. "An act for the maintenance and support of illegitimate children." Passed and took effect Feb. 25, 1875. Jurisdiction how acquired. 16 Neb., 632. County judge has jurisdiction. 24 Id., 35. Proceedings conducted in name of prosecutrix; if she refuse, then in name of county; but if instituted in name of state, they are not void if no objections are made thereto until after judgment. 9 Id., 125. 14 Id., 210. 24 Id., 35. Proceed ing is in nature of civil action. 9 Id., 127. 14 Id., 210. Prosecution properly commenced in county where mother resides, though child was born in another county. 24 Id., 37. Proceeding while in the nature of a civil action is properly a police regulation. 13 Id., 194. No pleadings necessary except those specified. 19 Id., 268 Proceeding where putative father is imprisoned will not be reviewed on application for writ of habeas corpus. 24 Id., 69. Action n t brought until four years from birth of child, where evidence shows the party accused to be the father and claims of mother made at first opportunity, etc., not barred. 24 Id., 781 Delay in instituting proceedings; prior expenses not allowed. Id. Statute providing for imprisonment of father, without remedy for his discharge other than security for compliance with the order of the court, is constitutional, Id., 69. Mere presence of alleged bastard at trial, held, not improper. 19 Id., 265. Where attorney conducting prosecution told prosecutrix to turn face of child so that jury could observe it, and which upon objection court held improper, held, that no error could be assigned in favor of plaintiff in error. 24 Id., 37. Where defendant does not take stand as a witness and deny the charge, attorney in argument may refer to such want of denial on part of the accused. Id. Evidence by prosecutrix claiming to be unmarried by reason of husband having former wife, held, sufficient when offense charged was clearly proved, to prevent discharging accused on writ of habeas corpus. 11 Id., 99. Evidence of sexual intercourse of complainant with other men about the same time as defendant, does not destroy her compe tency as a witness to prove that accused is father of child. 16 Id., 631. Evidence of intercourse with others out side of period of gestation is inadmissable. 20 Id., 373. 19 Id., 460. Evidence of paternity of child; verdict sustained. 16 Id., 633. Preponderance of evidence sufficient. Id. New trial granted on ground of alibi proved. 6 Id., 309. Not error to refuse to allow cross-examination of prosecutrix as to what she testified to in her examination before magistrate before whom proceeding was instituted, her examination before the magistrate being cer tified up. 19 Id., 459. Three peremptory challenges only allowed on trial. 16 Id., 281. Omission to enter plea of reputed father before empaneling of jury not ground for new trial. 19 Id., 266. On a verdict of not guilty, court may adjudge costs against defendant. 11 Id., 210, Verdict of guilty, court should adjudge defendant to be reputed father. 6 Id., 309. Reputed father may be imprisoned for failure to support. 24 Id., 69. 13 Id., 193. MarTiage of parties encouraged, but can not be enforced or made condition of support of child. 16 Id., 280. Recog nizance of reputed father binding on sureties though not entered on docket of justice. 18 Id,, 540. 24 Id., 103 Examination of deceased mother admissible in evidence. Suit revived by county. 28 Neb., 224. Examination may be waived. 32 Id., 811. Examination restricted to complaint. 32 Id., 852. Preponderance of evidence sufficient. 36 Id., 412. Date of conception in complaint unnecessary. Offer to compromise. 39 Id., 217. Justice cannot determine guilt of accused. 41 Id., 849. Venue where mother actually resides. 41 Id., 780. A civil proceeding. Object of act stated. Provision concerning settlement valid. 45 Id., 105. Examining magistrate must exact bond. 55 Id., 781. him who is accused of begetting such child, or may take up and prosecute a suit begun by the mother of the child. 3275 SEC. 3. [Recognizance.] That in case such accused person does not comply with the provisious in the first section of this act contained, the justice to whom such complaint was made shall bind such persons in a recognizance to appear at the next term of the district court, with sufficient security, in a sum not less than five hundred dollars, nor more than two thousand dollars, for the benefit of the county in which such bastard child shall be born, to answer such accusation, and to abide the order of the court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer such complaint. 3276 SEC. 4. [Renewal of recognizance.] That if, at the time of such court, the woman be not delivered, or be unable to attend, the court shall order the renewal of the bonds of recognizance, that the accused person shall be forthcoming at the next court after the birth of the child, at which the mother of said child shall. be able to attend; and the continuance of such bonds shall be entered by order of said court unless the security object thereto, and shall have the same force and effect as a recognizance taken in court for that purpose. 3277 SEC. 5. [Trial-Evidence.] That when such accused person shall. plead not guilty to such a charge before the court to which he is recognized, the court. shall order the issue to be tried by a jury; and at the trial of such issue the examination before the justice shall be given in evidence, and the mother of the bastard child shall be admitted as a competent witness, and her credibility be left to the jury; Provided, always, That no woman shall be admitted as a witness as aforesaid, who has been convicted of any crime which would by law disqualify her from being a witness in any other case; and on the trial of the issue the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also any variations in her testimony before the justice and that before the jury; and also any other confession of her, at any time, which does not agree with her testimony, on any other pleas or proofs made and produced on behalf of such accused person. 3278 SEC. 6. [Proceedings if defendant found guilty.] That in case the jury find the defendant guilty, or such accused person before the trial shall confess in court that the accusation is true, he shall be judged the reputed father of said child, and shall stand charged with the maintenance thereof in such a sum or sums as the court may order and direct, with payments of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and in case the said reputed father shall neglect or refuse to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the county, to remain until he shall comply with the order of the court. 3279 SEC. 7. [Bail.] When any defendant to a complaint of bastardy shall have been committed to jail on neglect or refusal to find the security required by the third section of this act, or on failure of such defendant to renew his recognizance as required by the fourth section of this act, it shall be lawful for any judge of the district court or probate judge within his county to admit such defendant to bail by recognizing him in such sum and with such securities as such judge shall deem proper, conditioned for the appearance of such defendant before the proper court to answer the complaint made, under which he stands charged; and for taking such bail the said judge may by his special warrant, under his hand, require the sheriff. SEC. 3. Recognizance limited to term at which it exacts the appearance. 59 Neb., 521. SEC. 5. Preponderance of evidence only necessary. 39 Neb., 217. Complaint is competent evidence. 45 Id., 105. SEC. 6. Mother dead, no order for money necessary. 32 Neb., 238. Action does not abate by death of child pendente lite. 37 Id., 618. Judgment when mother dead and county substituted. 38 Id., 554. Maintenance construed. 52 Id., 116. or jailer to bring such defendant before him at the court house of the proper county, at such time as in such warrant the judge may direct; Provided, That in fixing the amount of bail, the judge admitting the same shall be governed in the amount and quality of bail required by the third section of this act. 3280 SEC. 8. [Warrant for arrest of accused.] The warrant authorized to be issued by this act against any accused person shall authorize and empower the officer to which it is directed to pursue and take the accused person in any county in this state, and to bring said accused person before the justice who issued said warrant, to answer the complaint made against him. Вка SEC. 9. [Repealed act of 1873, G. S., 404.] 1 CHAPTER 37a.-ILL FAME HOUSES. 3281 SEO. 1. [Harboring girls or boys-Penalty.] That it shall be unlawful for any person or persons to allow, keep, maintain or harbor any girl under eighteen (18) years of age, or any boy under twenty-one (21) years of age in any house of ill fame or any house of bad repute, and any person found guilty of violating any of the provisions of this act shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined in any sum not exceeding one hundred ($100.00) dollars nor less than twenty-five ($25.00) dollars, or be imprisoned in the county jail not more than thirty (30) days, and shall stand committed until such fine and costs are paid. [1891, chap. 28, § 1.] 3282 SEC. 2. [Same-Proceedings to remove.] It shall be lawful for any sheriff, constable, chief of police, or any policeman, or city marshall, or any of ficer or agent of the Nebraska Humane Society, or any other humane or charitable society, to enter any house of ill fame to search for any such children allowed, kept, maintained, or harbored therein, and to institute and maintain proceedings in habeas corpus to remove such children from such houses of ill fame or bad repute, and it shall only be necessary to prove that such house from whence it is sought to remove such children is by common repute a house of ill fame, or of notoriously bad repute or kept and run for the purpose of prostitution, to establish the unlawful detention and depriving such children of their liberty. [Id., § 2.] 3283 SEC. 3. [Jurisdiction-Custody of children.] The county judges in their respective counties shall have jurisdiction in such cases as in habeas corpus, and upon proof being made, as provided in section (2) of this act, may, in their discretion, order such children removed from said houses of ill fame, or bad repute, and placed in charge of any of the above named societies, or with such discreet person or persons as may desire to take them until suitable permanent homes may be provided for them, or until such children may be permanently adopted, which the said judges in their discretion may order. [Id., § 3.] 3284 SEC. 4. [Costs-Expenses.] All costs and expenses of removing such children from such houses of ill fame or bad repute shall be adjudged and taxed against the party seeking to restrain said children and keep them in such houses of ill fame or bad repute, to be recovered as costs in civil cases. [Id., § 4.] 3285 SEC. 5. [Maintenance.] Nothing in this act shall be so construed as to relieve or release from liability of maintaining such children, any parents or persons charged with the support of such children after they have been removed by legal process from any houses of ill fame or bad repute, and placed with other families or societies or persons. And all such persons, whether parents or others, who have been held and bound for the support and maintenance of such children, shall be held and bound for their support and maintenance after any such removal and until such children have been placed in permanent homes with some person or society, which shall voluntarily assume their support and maintenance and education. The amount of said support and maintenance to be fixed by the county judge having jurisdiction, and to be recovered in a civil action, and to be paid to the per son, or society, having in charge said child or children. [Id., § 5.] CHAP. 370. "An act to prohibit the keeping, maintaining, or harboring of girls under the age of eighteen (18) years and boys under the age of twenty-one (21) years in houses of ill fame, and to authorize any officer of the law, or the officers or agents of the Nebraska Humane Society, and all other humane or charitable societies, to compel their removal from such houses." Laws, 1891, chap. 28. Took effect April 4, 1891. CHAPTER 376.-INDIANS. 3286 SECTION 1. [Fire arms to Indians-Penalty.] Any person who shall sell or give away under any pretext whatsoever to any Indian not a citizen any fire arms, ammunition or other munitions of any kind which can be used in fire arms shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in the Penitentiary for a term not less than two years or more than five years, or a fine not less than one hundred ($100) dollars nor more than one thousand ($1000) dollars. [1891, chap. 29.] 3287 SEC. 2. [Liquors to Indians.] Any person who shall sell or give away under any pretext whatsoever any malt, spirituous or vinous liquors or any intoxicating drinks of any kind whatsoever, to any Indian not a citizen shall be deemed guilty of a felony and upon conviction thereof shall be fined not exceeding one thousand ($1,000) dollars or imprisoned in the penitentiary for a term of not less than two years or more than five years. [1891, chap. 30.] SEC. 1. "An act to make the selling or giving away of fire arms, ammunition, or other munitions which can be used in fire arms to any Indian not a citizen, a felony and providing a penalty therefor." Laws, 1891, chap 29. Took effect April 8, 1891. SEC. 2. "An act to make the selling or giving away of malt, spirituous or vinous liquors or intoxicating drinks of any kind whatsoever to an Indian not a citizen, a felony and providing a penalty therefor." Laws, 1891, chap. Took effect April 8, 1891. See chap. 50, sec. 10, post. Status of Indian not raised by plea in abatement. 77 N. AV. R., 654. 30. CHAPTER 38.-IMPROVEMENTS ON PUBLIC LANDS. 3288 SECTION 1. [Sale of improvements.] All contracts, promises, assumpsits or undertakings, either written or verbal, which shall be made hereafter in good faith and without fraud, collusion, or circumvention, for sale, purchase, or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts. [R. S., 186. G. S., 409.] 3289 SEC. 2. [Deeds.] All deeds of quit-claim, or other conveyano, of all improvements upon public lands, shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple in the premises. CHAP. 38. Chap. XXIX, R. 8., 186. Chap. 30, G. S., 409. SEC. 1. The sale and surrender of a homestead claim on public lands, together with improvements thereon, 4s a good consideration for a promissory note. 7 Neb., 422. 18 Id., 505. See also 11 Neb., 518; 12 Id., 611; 14 Id., 244; 21 Id., 368, 646. Improvements are taxable. 88 Id., 56. Buc. 2. See 2 Neb., Ill. |