susceptable of cure by medical treatment in the hospital, and not dangerous to be at large, shall have the right to take charge of and remove such patient on consent of the board of trustees; Provided, That in the interim of the meetings of the board, the consent of two of the trustees shall be sufficient.

3362 SEC. 43. [Discharge on application of relatives.] On the application of the relations or immediate friends of any patient in the hospital who is not cured, and who cannot be safely allowed to go at liberty, the commissioners of insanity of the county where such patient belongs, on making provision for the care of such patient within the county, as in other cases, may authorize his or her discharge therefrom; Provided, No patient who may be under charge or conviction of homicide shall be discharged without the order of the board of trustees.

3363 SEC. 44. [Discharge of harmless patients.] The board of trustees shall order the discharge or removal from the hospital of incurable and harmless patients whenever it is necessary to make room for recent cases; Provided, That in the interim between the meetings of the board, the superintendent, in conjunction with two trustees, shall possess and exercise the power granted in this section.

3364 SEC. 45. [Notice to commissioners.] When patients are discharged from the hospital by the authorities thereof, without application therefor, notice of the order of discharge shall at once be sent to the commissioners of insanity of the county where they belong, and the commissioners shall forthwith cause them to be removed, and shall at once provide for their care in the county as in other cases, unless such patients are discharged as cured.

SEC. 46. [Repealed, 1891, chap. 31.]

3365 SEC. 47. [Superintendent shall certify to auditor amounts due from counties.] The superintendent shall certify to the auditor of state on the first days of March, June, September, and December the amount (not previously certified by him) due to said hospital from the several counties having patients chargeable thereto, and said auditor shall pass the same to the credit of the hospital. The auditor shall thereupon notify the county clerk of each county so owing, of the amount thereof, and charge the same to said county, and the board of county commissioners shall add such amount to the next state tax to be levied in said county, and pay the amount so levied into the state treasury.

3366 SEC. 48. [Estates and relatives not released from liability to pay expenses.] The provisions herein made for the support of the insane at public charge shall not be construed to release the estates of such persons nor their relatives from liability for their support, except from the cost of board, care and treatment while in the hospitals of the state, which cost of board, care and treatment shall be borne by the state, and the commissioners of the several counties are authorized and empowered to collect from the property of such patients, or from any person or persons legally bound for their support, any sum paid by the county in their behalf, as herein provided; and the certificate from the superintendent and the notice from the auditor of state, stating the sums charged in such cases, shall be presumptive evidence of the correctness of the sum so stated. If the board of county commissioners, in the case of any insane person who has been supported at the expense of the county, shall deem it a hardship to compel the relatives of such patients to bear the burden of his or her support, they may relieve such relatives from any part or all of such burden, as may seem to them reasonable and just. [Amended 1891, chap. 31.]

3367 SEC. 49. [Discharge of insane by commissioners.] Whenever it shall be shown to the satisfaction of the commissioners of insanity of any county that cause no longer exists for the care, within the county, of any particular person

SEC. 47. Cited 16 Neb., 125, 137. Section is constitutional. Tax is a county tax. 18 Neb., 607.

as an insane patient in their county, as herein provided, they shall order the immediate discharge of such person.

3388 SEC. 50. [Pay of commissioners and officers.] The commissioners of insanity shall be allowed at the rate of three (3) dollars per diem each, for all the time actually employed in the duties of their office; they shall also be allowed their necessary and actual expenses, not including charges for board. The clerk, in addition to what he is entitled to as commissioner of insanity, shall be allowed onehalf as much more for making the required record entries in all cases of inquest, and of meetings of the board for any purpose, and for the filing of any papers requiring to be filed; he shall also be allowed twenty-five (25) cents for each notice or process given or issued under seal as herein required. The examining physician shall be entitled to five dollars for each case examined, and mileage at the rate of ten cents per mile each way. The sheriff shall be allowed for his personal service in conveying a patient to the hospital and returning therefrom, at the rate of three dollars per day for the time necessary and actually employed, and mileage the same as is allowed in other cases, and for other service the same fees as for like services in other cases. Witnesses shall be entitled to the fees as witnesses in the district court. The compensation and expenses provided for above shall be allowed and paid out of the county treasury in the usual manner. Whenever the commissioners of insanity issue their warrant for the admission of a person to the hospital, and funds to pay the expenses thereof are needed in advance, they shall estimate the probable expense of conveying such person to the hospital, including the necessary assistance, and not including the compensation allowed the sheriff; and on such estimate, certified by the clerk of commissioners of insanity, the county clerk shall issue his order on the treasury of the county in favor of the sheriff or other person entrusted with the execution of such warrant; the sheriff or other person executing such warrant shall accompany his return with a statement of the expenses incurred; and the excess or deficiency may be deducted from or added to his compensation, as the case may be; if funds are not so advanced, such expenses shall be certified and paid in the manner above prescribed, on the return of the warrant. When the commissioner of insanity order the return of a patient, compensation and expenses shall be in like manner allowed.

3369 SEC. 51. [Penalty for neglect of duty.] Any officer required as herein to perform an act, as herein provided, and any person accepting an appointment under the provisions of this act, and wilfully refusing or neglecting to perform his duty as herein prescribed, shall be guilty of a misdemeanor, besides being liable to an action for damages.

3370 SEC. 52. [Warrant of commissioners.] The warrant of the commissioners of insanity, authorizing the admission of any persontothe hospital as a patient, accompanied by a physician's certificate as herein provided, shall operate to shield the superintendent and other officers of the hospital against all liability to prosecution of any kind, on account of the reception and detention of such person in the hospital; Provided, Such detention shall be otherwise, in accordance with the laws and by-laws regulating its management.

3371 SEC. 53. [Seal to be affixed.] The superintendent shall affix the seal of the hospital to any notice, order of discharge, report, or other paper required to be given by him, or issued.

3372 SEC. 54. [Who are meant by "insane."] The term "insane,” as

SEC. 48. Brothers and sisters of insane person not liable for his expenses incurred in insane hospital. 24 Neb., 598. Neither are the children of insane person liable for such maintenance. 25 Neb., 770. Provision authorizing suit by county against party bound to support insane person, void. 37 Neb., 283.

SEC. 50. Sheriff's mileage, five cents per mile. 42 Neb., 397. 49 Id., 164.

SEC 54. Cited 37 Neb, G. 46 Id., 493.

used in this act, includes every species of insanity or mental derangement. The term "idiot" is restricted to persons supposed to be naturally without mind; no idiot shall hereafter be admitted into the hospital for the insame; and all such idiots now in said hospital shall be discharged at the expiration of thirty days from the passage of this act, and it is hereby made the duty of the board of trustees to notify the commissioners of insanity of the county from which said idiots were sent, to remove said idiots from the hospital; and in case of neglect or refusal to comply with these provisions within thirty (30) days from the date of said notification, the superintendent shall cause said idiots to be returned to said counties at the expense of said county-which sum shall be collected in the same manner as provided for patients in section forty-seven of this act. When such idiots are removed, they shall be provided for in the same manner as other poor.

3373 SEC. 55. [Blanks.] The trustees of the hospital shall provide for furnishing the commissioners of insanity, of the counties entitled to send patients to the hospital, with such blanks for warrants, certificates, &c., as will enable them with regularity and facility to comply with the provisions of the law, and also with copies of the by-laws of the hospital when printed.

3374 SEC. 56. [Chaplain.] The board of trustees may, if they deem desirable, and upon nomination of the superintendent, appoint a chaplain and prescribe his duties.

3375 SEC. 57. [Insane from other states.] Insane persons may be admitted from other states and territories upon equal footing and on same conditions as private pay patients. The sum to be paid monthly for the care, maintenance, and treatment of such patients to be fixed from time to time by the board of trustees, and to be collected quarterly in advance by the steward of the hospital and accounted for as other funds in his hands belonging to the state of Nebraska.

3375a SEC. 57a. [Penitentiary Medical Board.] The physician of the state penitentiary, the superintendent of the hospital for the insane at Lincoln, and one of the secretaries of the state board of health, to be designated by the governor, shall constitute a medical board to be known as the Penitentiary Medical Board. [1901, chap. 37.]

3375b SEC. 576. [Insane at penitentiary.] Whenever the physician of the penitentiary shall believe that any convict confined therein is insane, he shall certify said fact to the governor of the state, who shall immediately cause an examination to be made by the said penitentiary medical board, and upon the certificate of said board that such convict is insane, the governor may direct such convict to be removed to one of the hospitals for the insane within the state, for care and proper medical treatment. [Id., § 2.]

3375c SEC. 57c. [Same, restored.] Whenever the superintendent of the hospital for the insane within which such convict shall have been placed is satisfied that such convict is restored to sanity, said superintendent shall so certify to the governor of the state, who shall thereupon cause such convict to be returned to the penitentiary to serve the unexpired term of his or her sentence, less the time said convict was so confined in the hospital for the insane. [Id., § 3.]

3376 SEC. 58. [Salary of superintendent and assistant. The salary of the superintendent shall be twenty-five hundred dollars per annum and that of the assistant physician one thousand dollars per annum, to be paid in the same manner as other state officers.

SECS. 57a-c. "An Act to provide for the care and Medical treatment of convicts who may become insane while confined in the penitentiary." Laws, 1901, ch. 37. Took effect June 28, 1901.

SEC. 58. But see sec. 13.

3377 SEC. 59. [Insane asylum at Norfolk.] That said institution shall be under the charge of the board of public lands and buildings, and the governor shall appoint for said hospital such officers as are required in the hospital for the insane. And it is further provided that the board of public lands and buildings shall adopt such regulations as they may deem expedient in regard to what patients or class of patients shall be admitted to and provided for in the respective hospitals, or from what portion of the state patients, or certain classes of patients may be sent to each or either hospital, and the said board may change such regulations from time to time as they may deem best, and they shall make such publication of these regulations as they may deem necessary for the information of those interested. [1885, chap. 55, § 3.]

3378 SEC. 60. That there shall be established in the state of Nebraska an institution under the name and style of an asylum for the incurable insane of Nebraska.

3379 SEC. 61. [Incurable insane asylum at Hastings.] That said institution shall be under the charge of the board of public lands and buildings, and the governor shall appoint for said asylum such officers as may be required in said asylum. It is further provided that the board of public lands and buildings shall adopt such regulations as they may deem expedient for the proper management of an asylum for incurable insane, and the said board may change such regulations from time to time as they may deem best, and they shall make such publications of these regulations as they may deem necessary for the information of those interested. [1887, chap. 48, § 3.]

SEC. 59. Sec. 8 of "An act to establish, locate, erect and maintain a hospital for the insane within the state of Nebraska, and appropriating the necessary funds therefor." Laws, 1885, chap. 55. SECS. 59, 60. Other sections of the law providing for erection of buildings, letting contracts, etc., being tem porary in their nature, are omitted from this volume.

SECS. 60, 61. Secs. 1, 2 of "An act to establish, locate, erect and maintain an asylum for the incurable insane within the state of Nebraska, and appropriate the necessary funds therefor." Laws, 1887, chap. 48.

CHAPTER 41.-INSTRUMENTS NEGOTIABLE.

3380 SECTION 1. [Endorsements.] All bonds, promisory notes, bills of exchange, foreign and inland, drawn for any sum or sums of money certain, and made payable to any person or order, or to any person or assigns, shall be negotiable by endorsement thereon, so as absolutely to transfer aud vest the property thereof in each and every endorsee successively, but nothing in this section shall be construed to make negotiable any such bond, note, or bill of exchange, drawn payable to any person or persons alone, and not drawn payable to order, bearer, or assigns; Provided, That all such bonds, promissory notes, and bills of exchange, made payable to bearer, shall be transferable by delivery without endorsement thereon. [R. S., 239. G. S., 426.]

3381 SEC. 2. [Action by endorsee.] Any endorsee to whom any such bond, note, or bill of exchange, made negotiable by the preceding section, is made payable by such endorsement or endorsements, may, in his own name, institute and maintain an action on such bond, note, or bill, for the recovery of the money due thereon, against the maker, drawer, or obligor, or against the endorsee, having first used due diligence to obtain the money of the drawer, maker, or obligor.

3382 SEC. 3. [Days of grace.] All notes, bonds, or bills made negotiable by this chapter, except bank checks and instruments made payable on demand, shall be entitled to three days grace, in the time of payment, and he demand of payment, from the maker, on the third of grace or of acceptance, if the instrument is a sight draft, and notice of non-payment, or non-acceptance thereof to the endorser, within a reasonable time, shall be adjudged due diligence under the provisions of this chapter, unless the endorsement shall express, in writing, other conditions. [Amended 1893, chap. 19.]

3383 SEC. 4. [Defense to suit by endorsee.] If any such bond, note, or bili of exchange shall be endorsed after the day on which it is made payable, and the endorsee shall institute an action thereon against the maker, drawer, or obligor, the defendant shall be allowed to set up the same defense that he might have done had the same action been instituted in the name and for the use of the person to whom the said note, bond, or bill was originally made payable.

3384 SEC. 5. [Evidence of payment.] If any such bond, note, or bill of exchange shall be endorsed on or before the day on which the same is made payable, and the endorsee shall institute an action thereon, the defendant may give in evidence at the trial any money actually paid on said bond, note, or bill of exchange, before the same was endorsed or assigned to the plaintiff, on proving that the plaintiff had notice of such payment before such endorsement was made and accepted.

3385 SEC. 6. [Action may be against drawers, makers, or endorsers jointly or severally.] It shall be lawful for any person or persons having a right to demand any sum of money upon any protested bond, note, or bill of exchange as aforesaid, to commence and prosecute an action for principal, damages, interest, and charges of protest against the drawers, makers, or endorsers, jointly or severally, or against either of them separately. And judgment shall and may be given for such principal, damages, charges, and interest upon such principal, after the rate aforesaid, to the time of such judgment, together with costs of suit.

CHAP. 41. Chap. XXVII, R. S., 239. Chap. 32, G. S., 426.

ECS. 1-3. Cited 9 Neb., 198 Action by pie gee on invalid note. 44 Neb, 77.

grace. Sid., 417.

SEC. 5. Notice essential. 44 Neb., 402.

SEC. 6. Endorser may be guarantor also. 28 Neb., 500.

Interest coupons entitled t