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on the market without artificial coloring, with a brand or label on each barrel, cask, or other package clearly indicating the name and place of business of the manufacturing person, firm, or company, with the name of the grain or fruit from which the contents are made. [Id., § 3.]

428k SEC. 46. [Pure vinegar.] All vinegar shall be made wholly from the fruit or grain from which it purports to be or is represented to be made, and shall contain no foreign substance or artificial coloring, and shall contain not less than four per cent by weight of absolute acetic acid. [Id., § 4.]

4281 SEC. 47. [Injurious substances in vinegar.] No person, firm, or company shall manufacture for sale or offer for sale or have in possession with intent to sell, any vinegar containing any preparation of lead, copper, sulphuric, or other mineral acid, or other ingredients injurious to health. [Id., § 5.] 428m SEC. 48. [Violation of act-Prosecution-Inspection.] It shall be the duty of the county attorney of each of the counties of this state, when complaint shall be made to him, that adulterated vinegars are being sold in his county, to immediately inquire into the facts, and he or any deputy, assistant, or expert by him appointed shall have access to all places of business, factories, or buildings where vinegar is made for sale, or kept for sale, and shall have power to open any barrel, cask, or other package, believed to contain vinegar manufactured or for sale, or kept for sale in violation of the provisions of this act. And may inspect the same and take samples for analysis. And if the investigation seems to sustain the charge, he shall forthwith file information and prosecute the offenders as in criminal cases. [Id., § 6.]

4280 SEC. 49. [Same-Penalty.] Whoever violates any of the provisions of this act shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars, or imprisoned not less than thirty days nor more than one hundred days, or both, for each offense and pay the costs of prosecution, and shall further be adjudged to pay all necessary costs and expenses incurred in inspection and analyzing such vinegar. [Id., § 7.]

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CHAPTER 3.-AMENDMENTS TO THE CONSTITUTION.

429 SECTION 1. [Amendments-Proposal-Submission.] That amendments to the constitution may be proposed by joint resolution in either house of the legislature of this state, and if the same shall be voted for by three-fifths of all the members elected to each of the two houses in the manner provided by section one (1) of article fifteen of the constitution, the amendment or amendments proposed shall be submitted to the electors of this state for adoption or rejection in the manner hereinafter provided. [1877, § 1, 114.]

430 SEC. 2. [Same-Publication.] Such amendment, or amendments, shall be published in full by the secretary of state in one newspaper to be designated by him in every county in this state in which a newspaper is published, for at least three months before the next election of members of the legislature ensuing the passage of said proposed amendment, with notice prefixed thereto that at said election said proposed amendment or amendments will be submitted to the electors of this state for adoption or rejection. [Amended 1895, chap. 3.]

431 SEC. 3. [Ballots.] At such election on the ballot of each elector voting for the proposed amendment or amendments to the constitution shall be written or printed the words: "For proposed amendment to the constitution," and "Against said proposed amendment to the constitution."

432 SEC. 4. [Election-Returns-Canvass.] Public notice that the proposed amendment or amendments are to be voted upon shall be given as provided in the Constitution. The judges and clerks of election shall make return to the County Clerk of their respective counties of the following facts: First, the number of electors voting at such general election at which such amendments were voted upon; Second, the number of electors who voted for said amendment or amendments; Third, the number of electors who voted against said amendment or amendments; Fourth, the number of electors voting at such election who voted for senators; Fifth, the number of electors voting at such election who voted for representatives; Sixth, the number of electors voting at such election who voted for both senators and representatives. The several county clerks in the different counties shall make return to the board of state canvassers, provided for in section 53 of chapter 26 of the Compiled Statutes of 1895, in the same manner and within the same time that they are required to make return of votes cast for officers mentioned in said last named section, and all such returns shall be directed to the Secretary of State and transmitted to him in a separate envelope from the one containing the abstract and return of votes cast for the officers named in said section. The returns from the election officers shall be canvassed by the county canvassing board which canvasses the other election returns in the county. The said canvassing board of the county shall foot up from the returns made by the judges and clerks of election, the number of electors voting at the election, the number of electors voting at said election for the amendment or amendments, the number of electors who voted against the amendment or amendments, the number of electors voting at said election who voted for senators, the number of electors voting at said election who voted for representatives, the number of electors voting at such election who voted for both senators and representatives and shall enter their findings in the book wherein the canvass of other election returns is made, and from the findings so made the clerk shall make the returns to the state board of canvassers as herein before provided. [Amended, 1895, chap. 4; 1897, chap. 5.]

433 SEC. 5. [Adoption-Proclamation.] If a majority of the votes cast at the election herein provided for, be for the proposed amendments, the governor, within ten days after the result is ascertained, shall make proclamation, declaring the amendments to be part of the constitution of the state.

СНАР. 3. "An act to provide the manner of proposing amendments to the constitution, and submitting the same to the electors of this state." Laws, 1887, 114. See Laws, 1887, chap. 3. for special act providing for recount of ballots, etc., on amendment voted at the election held in November, 1886. See also In re Senate File 31, 25 Neb., 864.

434 SEC. 6. [Enrollment-Preservation.] Whenever any amendments to the constitution shall have been proposed to, and adopted by the electors of this state, as by this act provided, the same shall be enrolled and numbered in the order of time in which they may be adopted, and preserved by the secretary of state among the public records of his office.

435 SEC. 7. [Two or more amendments-Ballots.] Whenever at a session of the legislature more than one amendment to the constitution or proposition is submitted to a vote of the people it shall be the duty of the secretary of state to provide the ballots containing such propositions or proposed amendments in the form in which they are to be submitted to a vote of the people. [Laws, 1895, chap. 5, § 1.] 436 SEC. 8. [Ballots, how printed.] Said ballots shall be printed, both "official" and "sample" ballots in conformity with Section 139, Chapter 26, Compiled Statutes. [Id., § 2.]

437 SEC. 9. [Ballots furnished counties.] The ballots printed in conformity with this act shall be furnished the county clerks of the several counties of this state at least twenty days before the election at which said proposition or amendments are to be voted upon. They shall be furnished the various counties to the number now required by Section 140, Chapter 26, Compiled Statutes in the case of ballots containing names of candidates to be voted for at said election. [Id., § 3.]

438 SEC. 10. [Ballots-Distribution to voter-Spoiled, etc.] It is hereby made the duty of the county clerk to distribute said ballots at the time and in the manner now provided by law in case of ballots containing names of candidates. The official ballots provided for in section 2 of this act shall be endorsed by the election officers, delivered to qualified voters and deposited in the ballot box in the same manner as now provided by law in the case of ballots containing names of candidates. And it is hereby made the duty of election officers to see that each qualified voter, when he receives his official ballot containing the names of candidates also receives one of the official ballots provided for in this act. The law now in force relating to spoiled and unused ballots shall apply to ballots furnished in conformity with this act. Sample ballots provided for in Section 2 of this act shall be distributed and used as now provided by law in the case of sample ballots containing names of candidates. [Id., § 3a.]

439 SEC. 11. [Ballots, how printed.] The various propositions or proposed amendments shall be printed on the ballots provided for by law in such manner as will enable the voter to express by a cross mark (X) in a sufficient margin at the right of such proposition or proposed amendment the answer he wishes to give. [1895, chap. 5, § 4; amended, 1897, chap. 5.]

440 SEC. 12. [Separate ballot box.] It shall be the duty of the county commissioners of each county to provide a separate ballot box for each voting precinct in which to deposit the ballots provided for in this act. [Id., § 5.]

441 SEC. 13. [Poll books-Tally lists.] It is hereby made the duty of the clerk of each county to see that the poll books and tally sheets furnished each voting precinct are suitably printed and ruled so as to enable the election officers to make returns of the votes cast on the various propositions or amendments submitted, and also so as to enable the election officers to make full and complete returns of the facts hereinabove required of them to be made to the county clerk. [1895, chap. 5, § 6; amended, 1897, chap. 5.]

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442 SEC. 14. [Failure to make returns.] Should the officers of election election precinct refuse or fail to make return of the votes cast for and against any proposition or proposed amendment to the constitution they shall be deemed guilty of a misdemeanor and be fined in any sum not less than twenty-five dollars and not exceeding one hundred dollars. [Id., § 7.]

443 SEC. 15. [Repealed all acts and parts of acts in conflict.]

SECS. 7-15. "An act prescribing the manner in which two or more proposed amendments to the constitutie are to be submitted to a vote of the people, and providing for the printing and distribution of ballots contain such proposed constitutional amendments. Took effect July 6, 1895. Laws, 1895, chap. 5.

CHAPTER 4.-ANIMALS.

ARTICLE I.-MISCELLANEOUS.

444 SECTION 1. [Stock-growers and drovers.] Every person who shall keep neat cattle, horses, mules, sheep, or goats, for their growth or increase within the state shall be deemed a stock grower. Any person who shall drive or bring neat cattle into or through this state, shall be deemed a cattle drover. [1879, § 1, 67.] 445 SEC. 2. [Driving off cattle.] That any cattle drover or his employe, who shall drive off any neat cattle, horses, mules, or sheep, belonging to another, intentionally or through neglect, shall on conviction thereof, by any court of competent jurisdiction, be fined in any sum not more than one hundred (100) dollars for each and every head of cattle, horses, mules, or sheep so driven off. [Id., § 2.]

446 SEC. 3. [Description and ownership.] In any indictment or complaint under this act, the description of any kind or class of neat cattle shall be deemed sufficient if described as cattle, and for the purpose of this act the proof of brand shall be deemed to be prima facie evidence of ownership of such stock. [Id., § 3.]

447 SEC. 4. [Male animals not to run at large.] That no stallion over the age of eighteen months, nor any Mexican, Texan, or Cherokee bull over the age of ten months, nor any Mexican ram over the age of eight months, shall be permitted to run at large in the state of Nebraska. The owner, or person in charge of such animal or animals as are prohibited from running at large by this section who shall permit such animal or animals to run at large may be fined for each offense not less than fifty ($50) dollars, nor more than two hundred ($200) dollars, and it shall be lawful for any person to castrate or cause to be castrated, any such animal found running at large: Provided, That if any person shall castrate any stallion, bull, or ram, and it shall on proper evidence before any competent court be proven to the satisfaction of said court that such animal was not of a class of stock prohibited from running at large by this act, said person shall be liable for damages to the amount of the value of said animal so castrated, and the costs of suit: Provided, also, That for the purpose of this act that any bull possessing one-half (1) Texan, Mexican, or Cherokee blood shall not be deemed a Texan, Mexican, or Cherokee bull, as the case may be; and any ram possessing one-half Mexican blood shall not be deemed a Mexican ram.

448 SEC. 5. [Injuries by driven cattle.] Any person owning or having charge of any drove of cattle, horses, or sheep numbering one (1) head or more than that number in any such drove of cattle, horses or sheep, and shall drive the same into or through any county of Nebraska of which the owner is not a resident, or land owner, or stock grower, and when the land in said county is already occupied by settlers on ranches, it shall be the duty of said owner or person in charge of said horses, cattle, or sheep, to prevent the same from mixing with the cattle, horses, or sheep belonging to actual settlers, and also to prevent said drove of cattle from trespassing on such land as may be the property of the actual settler, or may be held by him under a homestead, pre-emption, or a leasehold right, and used by him for the grazing of animals, growing hay, or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops. If any owner or owners or persons in charge of any such drove of cattle, horses, or sheep shall wilfully, carelessly,

1, 1879

CHAP. 4, SECS. 1–9. "An act regulating the herding and driving of stock." Laws, 1879, 67. Took effect June This act repeals Laws, 1875, 190: Laws, 1877, 137; and section 79, criminal code. G. S, 737. SEC. 4. Provision giving damages for castration of animals not constitutional. 13 Neb., 254. Amendatory act of 1901, Laws, chap. 3, having no enacting clause, is omitted.

or negligently injure any resident within the state by driving said drove of cattle, horses, or sheep from the public highways and herding the same on the lands occupied and improved by settlers in possession of the same, it shall constitute a misdemeanor and shall be punished by a fine of not less than twenty ($20) dollars and not more than one hundred ($100) dollars, at the discretion of the court, and render the owner or owners, or person in charge of the drove of cattle, horses, or sheep liable for such damages as may be done to the property of said settler. Id., § 5.]

449 SEC. 6. [Damages.] When the stock of any person shall be driven off its range within Nebraska against his will by the drovers of any drove, and the same shall be found among such drove, every person engaged as drover of said drove, shall be liable for damages to the party injured to the amount of the full value for the animal, for each head so driven off, together with all costs accruing in the trial of said cause, and said herd of stock shall be liable for the same, or a sufficient number to cover all damages and costs. [Id., § 6.]

450 SEC. 7. [Cattle to be separated.] When the stock of any resident of the state of Nebraska shall either mix with any drove of any animals it shall be the duty of the drover or drovers, or person in charge of such drove, to cut out and separate such stock from said droves immediately. Every person, either owner or drover, or otherwise connected with said drove, who shall neglect to comply with the provisions of this section shall be fined in any sum not exeeeding one thousand ($1,000) dollars. [Id., § 7.]

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451 SEC. 8. [Removal of hides of dead stock.] It shall be unlawful any person other than the owner or his agent or employee to skin or remove from the carcass the skin, hide, or pelt of any neat cattle or sheep found dead, except when such stock is killed by railroad trains, when the employees of such railroads may remove the hides from stock so killed. [Id., § 8.]

452 SEC. 9. [Rewards.] The county commissioners of the several counties may offer and pay rewards for the detection of those violating this act. [Id., § 9.]

CONTAGIOUS DISEASES.

453 SEC. 10. [Diseased cattle.] That every person shall so restrain his diseased or distempered cattle, or such as are under his care, that they may not go at large; and no person or persons shall drive any diseased or distempered cattle affected with any contagious or infectious disease, into or through this state or from one point thereof to another. Any person or persons offending against this section, shall on conviction thereof before any justice of the peace, forfeit not less than five nor more than twenty-five dollars for every head of such cattle, and be liable for all costs and damages. [1867, § 1, 74. G. S., 89.]

454 SEC. 11. [Cattle to be impounded.] Any justice of the peace, upon proof before him, that any cattle are going at large or are driven in or through his county in violation of the preceding section, shall order a constable or sheriff to impound them, and the owner thereof shall be held liable for all costs and damages. [Id., § 2.]

455 SEC. 12. [Fees of officers.] The sheriff or constable who may execute the order of any justice of the peace as aforesaid, to impound any such cattle, shall have twenty-five cents per head for the first fifty, and five cents for each additional head, to be paid by the defendant upon conviction thereof, but in case the defendant be discharged, then said costs to be paid by the complainant; and if any officer to whom any order under this law is directed, shall fail to execute it, he shall forfeit, in case of a failure, a sum not less than one hundred dollars. [Id., § 3.]

SECS. 10-15. "An act to provide for the protection of stock from contagious diseases." Laws, 1867, 74. See also secs. 75, 76, and 77, criminal code, and secs. 36-39, 60, and 61, this chapter. See also article II, this chapter.

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