thereof, as justice and equity may require, anything in this chapter to the contrary notwithstanding.

SEC. 15. [Repealed chap. 42, G. S., 466, and all other acts and parts of acts in conflict with this act.]

ARTICLE II.-LABORERS' LIEN.

3680 SECTION 1. [Liability of company-Notice of claim.] That whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons who are or any company which is a contractor on such railroad, canal, viaduct, or bridge, or against any person or persons who are subcontractors with any person or persons or company contracting with any such railroad, bridge, viaduct or ditching company for the construction of any part of such railroad, bridge, canal, viaduct or ditch of any such company, every such railroad, canal, bridge or ditch company shall be liable to pay such laborer the amount of such claim or demand with ten per cent. interest thereon; Provided, Such laborer shall have given notice within sixty days after the last item of labor shall have been performed, that he or she has such claim or demand. Such notice shall be given in writing and shall specify the peculiar nature and amount of the claim or demand, and shall be delivered to the president or vice president, superintendent, agent or the managing director or chief engineer, of any such company, or to the engineer in charge of that portion of the work, or any portion of the railroad, canal, viaduct, bridge or ditch upon which such labor is performed. [1881, chap. 60, § 1.]

3681 SEC. 2. [Lien.] And when material shall have been furnished, or labor performed in the construction, repair and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such labor and material, man, contractor or sub-contractor shall have a lien therefor, and the said lien therefor shall extend and attach to the erections, excavations, embankments, bridges, road bed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which including the right of way, shall constitute the excavation, erection or improvement provided for and mentioned in this act. [Id., §2]

3682 SEC. 3. [Statement of claim-Filing-Continuance of lien.] Every person, whether contractor, or sub-contractor, or laborer or material man who wishes to avail himself of the provisions of the foregoing section, shall file with the clerk of the county in which the building, erection, excavation, or other similar improvement, to be charged with the lien is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of the property to be charged with the lien and verified by affidavit, such verified statement or account must be filed by a principal contractor within ninety days, and by a sub-contractor within sixty days, from the date on which the last of the material shall have been furnished, or the last of the labor is performed; but a failure or omission to file the same within the periods last aforesaid, shall not defeat the lien, except against purchasers or incumbrances in good faith without notice, whose rights accrued after the thirty or ninety days, as

ART. II. "An act to make railroad, canal, bridge, and ditching companies, and companies and persons respon sible for material furnished and labor performed in the construction, repair, or improvement of any such works, and to secure the laborer and material-man a lien for his material furnished and labor performed. Approved March 3. Took effect June 1, 1881. Material or labor must be furnished or performed in the construction, repair, or equipment of the road. 33 Neb., 29. Lien superior to mortgage to secure money for anticipated construction. 38 Id., 620.

the case may be, and before any claims for the lien was filed; Provided, That when a lien is claimed upon a railway, the sub-contractor shall have sixty days from the last day of the month in which said labor was done or material furnished within which to file his claim therefor; and, Provided further, That when any such material is furnished or work done in any unorganized county in this state, such statement of the demand due, verified as aforesaid, may be filed in any county in this state into or through which any such railroad or canal may run, or in the organized counties lying next nearest east of the county where said work was done or material furnished. Provided further, That such lien shall continue for the period of two years, and that any person holding such lien may proceed to obtain a judgment for the amount of his account thereon by civil action; and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied. [Id., § 3.]

LIENS ON PUBLIC BUILDINGS.

3683 SEC. 4. [Duties of officers letting contracts.] It shall be the duty of the board of public lands and buildings, boards of county commissioners, the contracting board of officers of all cities and villages and all public boards now or hereafter empowered by law to enter into a contract for the erecting and finishing, or the repairing of any public building, bridge or other public structure to which the general provisions of the mechanics' lien laws do not apply and where mechanics and laborers have no lien to secure the payment of their wages, to take from the person or corporation to whom the contract is awarded a bond with at least two good and sufficient sureties conditioned for the payment of all laborers and mechanics for labor that shall be performed in the erecting, furnishing or repairing of the building or in performing the contract said bond shall be to the board awarding the contract; and no contract shall be entered into by such board until the bond herein provided for has been filed with and approved by said board. The said bond shall be safely kept by the board making the contract and may be sued on by any person entitled to the benefit of this act. The action shall be in the name of the party claiming the benefit of this act. [1889, chap. 28.]

SEC. 3. Account must be filed with register of deeds. 30 Neb., 62.

SEC. 4. “An act to secure the payment of mechanics' and laborers' wages on all public buildings where the provisions of the general mechanics' lien laws do not apply. Took effect July 1, 1889. Laws, 1889, chap. 28. See 34 Neb., 220. 47 Id., 816.

CHAPTER 55.-MEDICINE.

3684 SECTION 1. [Board of health.] There shall be established in the State of Nebraska a board to be styled the State Board of Health. Said board shall consist of the Governor, Attorney General and Superintendent of Public Instruction and the Governor shall be ex-officio chairman of said board. [1891, chap. 35, 1.7

3685 SEC. 2. [Meetings.] Said board shall meet upon the call of the Governor and within thirty days after the approval of this act and shall meet thereafter as often and at such times as the Governor may from time to time designate. [Id., § 2.]

3686 SEC. 3. [Secretaries.] Said board shall within sixty days after the approval of this act appoint four secretaries who shall be graduated physicians of at least seven years consecutive practice who shall be at the time of their appointment ac[t]ually engaged in practice in the State of Nebraska; one of whom shall be appointed for the term of one year, one for the term of two years, one for the term of three years and one for the term of four years, and thereafter it shall be the duty of said board to appoint or reappoint one secretary every year as the term of those theretofore appointed shall expire, but each secretary shall continue in office until his successor shall have been appointed. Said appointments shall be made so, that of said secretaries two shall be physicians of the called regular school, of one of the so-called eclectic school, and one of the so-called homeopathic school. ́ [Id., § 3. [Amended 1897, chap. 49, sec. 1.]

3687 SEC. 4. [Same-Powers-Duties.] Said secretaries shall have power, and it shall be their duty to assist and advise said board in the performance of its duties as prescribed by this act, to summon witnesses and take testimony in the same manner as witnesses are summoned and depositions taken under the Code of Civil Procedure, and to report said testimony to the board together with their findings of fact and recommendations on all matters coming before said board requiring evidence for their determination except as hereinafter provided. [Id., § 4.}

3688 SEC. 5. [Same--Certificates.] It shall be the duty of said board to see that all the provisions of this act are strictly enforced, to grant certificates as herein provided, and to cause to be prosecuted all violations of this act. Said board shall have and use a common seal and may make and adopt all necessary rules, regulations and by-laws not inconsistent with the constitution and law of this state or of the United States to enable it to perform its duties and transact its business under the provisions of this act. [Id., § 5.]

3689 SEC. 6. [Quorum.] A majority of said board shall constitute a quorum for the transaction of business. [Id., § 6.]

3690 SEC. 7. [Who may practice.] It shall be unlawful for any person to practice medicine, surgery or obstetrics or any of the branches thereof, in this state without having first having obtained and registered the certificate provided for by this act; and no person shall be entitled to the certificate herein provided for unless he shall be a graduate of a legally chartered medical school or college in good standing; said qualifications to be determined by the board. Provided, however, that nothing in this act shall be construed to prevent physicians residing in other states from visiting patients in consultation with resident physicians who have complied herewith. [Id., § 7.]

3691 SEC. 8. [Medical school defined.] The term medical school or college in good standing, shall be defined as follows, to-wit: a medical school or college

CHAP. 55, SECS. 1-9. "An act to establish a State Board of Health to regulate the practice of medicine in the State of Nebrask, and to repeal sections one (1) to eleven (11) inclusive, of chapter fifty-five (55) of Compiled Statutes of Nebraska, entitled 'An act to regulate the practice of medicine.' approved March 3rd 1881, and amended in 1883. and all other acts inconsistent herewith, and provide a penalty for the violation of this act." Laws, 1891, chap. 35. Took effect July 5, 1891. Act constitutional in its general scope. Form of indictment. Neb., 167. Object of act to prevent imposition upon afflicted. 40 Id.. 158. A police measure. Object of law Lincoln Med. Coll. v. Poynter, May 16, 1900. Medicine embraces surgery and obstetrics. Little v. State, No.

21, 1900.

requiring a preliminary examination for admission to its course of study in all the common branches, and in Latin and the higher mathematics, which requirements -hall be regularly published in all the advertisements and in each prospectus or catalogue issued by said school, which medical school or college shall also require as a requisite for granting the degree of M. D., attendance upon at least four courses of lectures of six months each, no two of said courses to be held within one year, and having a full faculty of capable professors in all the different branches of medical education, to-wit: anatomy, physiology, chemistry, toxicology, pathology, hygiene, materia medica, therapeutics, obstetrics, bacteriology, medical jurisprudence, gyneology, principles and practice of medicine and surgery, and specially requiring clinical instruction in the two last named of not less than four hours per week in each during the last two courses of lectures; Provided, That this four years clause shall not apply to degrees granted, or to be granted, prior to August, 1898. [Id., § 8. Amended 1897, chap. 49, § 2.]

3692 SEC. 9. [Diplomas.] It shall be the duty of all persons intending to practice medicine, surgery, or obstetrics in the state of Nebraska before beginning the practice thereof, in any branch thereof, to present his diploma to said board, together with his affidavit that he is the lawful possessor of the same, that he has attended the full course of study required for the degree of M. D. and that he is the person therein named. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand and official seal of such official if he has a seal, and any person swearing falsely in such affidavit shall be guilty of perjury and subject to the penalty therefor. [Id., § 9.]

3693 SEC. 10. [License-Certificate-Register.] If upon investigation of said diploma and affidavit the applicant shall be found entitled to practice there shall be issued to said applicant the certificate of said board under its seal and signed by its secretaries stating such fact, and it shall be the duty of the applicant before practicing to file such certificate or a copy thereof in the office of the county clerk of the county in which he or she resides or in which he or she intends to prac tice; such certificate or copy shall be filed by the county clerk and by him recorded in a book to be kept for that purpose properly indexed to be called the "Physician's Register," and for such services the county clerk shall receive from the applicant the same fees as are allowed to the register of deeds for the recording of conveyances. [Id., § 10.]

3694 SEC. 11. [Exceptions to act.] All physicians who shall be engaged in practice at the time of the passage of this act shall within six months thereafter present to said board their diplomas and affidavits as hereinbefore provided, or in the case of persons not graduates who were entitled to registration and practice under the provisions of the act entitled "An act to regulate the practice of medicine in the State of Nebraska," approved March 3rd, 1881, an affidavit showing them to have been entitled to so register and practice and a certified transcript of their registration under said act, and upon their doing so shall be entitled to the certificate herein provided, which they shall file with the county clerk as herein provided. Provided, that no one having the qualifications required in and having complied with said act of March 3, 1881, shall be liable to prosecution for failure to comply with this act until the expiration of said period cf six months. [Id., § 11.]

3695 SEC. 12. [Secretaries-Records-Certificate.] It shall be the duties of said secretaries to keep a full record of all the acts and proceedings of said board and of all certificates granted thereby together with the proof upon which certificates are granted, but when said proof in any case shall have been on file in the office of said board for ten days said certificate may be issued by said secretaries without a vote of the board, if no protest has been filed and if in their opinion said proof complies with the provisions of this act. [Id., § 12.]

3696 SEC. 13. [Removal from county.] Any person who shall have obtained a certificate provided by this act and shall remove to another county shall before the entering upon the practice of his profession in such other county cause said certificate to be filed and recorded in the office of the County Clerk of the county to which he has removed. [Id., § 13.]

3697 SEC. 14. [Certificate-Refusal-Revocation.] The Board may refuse certificates to persons guilty of unprofessional or dishonorable conduct, and it may revoke certificates for like cause; provided always that they have given the person an opportunity to be heard in his or her defense. [Id., § 14.]

3698 SEC. 15. [Effect of act on suitors.] No person shall recover in any court in this State any sum of money whatever for any medical, surgical or obstetrical services unless he shall have complied with the provisions of this act and is one of the persons authorized by this act to be registered as a physician. [Id., § 15.]

3699 SEC. 16. [Unlawful practicing-Penalty.] Any person not pos sessing the qualifications for the practice of medicine, surgery or obstetrics required by the provisions of this act, or any person who has not complied with the provisions of this act who shall engage in the practice of medicine, surgery or obstetrics, or any of the branches thereof in this State, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than fifty ($50) dollars nor more than three hundred ($300) dollars, and costs of prosecution for each offense and shall stand committed until such fine and costs are paid. [Id., § 16.]

3700 SEC. 17. [Practitioner defined-Exceptions.] Any person shall be regarded as practicing medicine within the meaning of this act who shall operate or profess to heal or prescribe for or otherwise treat any physical or mental ailment of another. But nothing in this act shall be constructed to prohibit gratutitous services in case of emergency, and this act shall not apply to commissioned surgeons in the United States Army and Navy, nor to nurses in their legitimate occupations, nor to the administration of ordinary household remedies. [Id., § 17.]

of

any

3701 SEC. 18. [Itinerant vendors-Penalty.] Any itinerant vendor or of any drug, nostrum, ointment or appliance of any kind intended for the treatment. disease or injury, or who shall by writing, printing or any other method, publicly profess to cure or treat diseases or injury or deformity, by any drug, nostrum manipulation or other expedient shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less thau fifty (50) dollars, nor more than one hundred ($100 dollars or be imprisoned in the County Jail for a period of not less than thirty (30) days, nor more than three (3) months or both in the descretion of the court, for each offense. [Id., § 18.]

3702 SEC. 19. [Secretary-Fees.] Each applicant for a certificate of regis tration shall pay a fee of ten dollars, which shall be equally divided between the four secretaries as their sole remuneration for their services and for issuing certificate; Provided, That for the taking of any necessary testimony, the said secretaries shall be entitled to charge and to receive such fees as are provided for notaries public for similar services; and Further provided, that applicants under section 2 of this act shall pay the sum of one dollar only. [Id., § 19. Amended, 1897, chap. 49, § 3.]

SEC. 15. Certificate must be filed before services rendered. 48 Neb., 789.

SEC. 16. Unqualified person practicing under direction of licensee. 56 Neb., 869.

SEC. 17. Applies to Chr.stian science healers. 40 Neb., 158. Osteopathy. Section within purview of act. Little v. State, Nov. 21, 1900.

SECS, 17, 18. See sec. 27, post.