term, to show cause why the plaintiff should not have leave to build or continue his said mill-dam. Said time may be extended by the court on good cause shown. It the return be made in term, the court shall, by order, fix a reasonable time within which such cause may be shown.

3814 SEC. 10. [Interested parties-Amendments.] Any person interested in or affected by any inquest or proceeding provided for in this act, may, on motion, and a proper showing, be made a defendant therein; and the court may permit amendments of the proceedings, and allow new parties to be brought in, on motion of the plaintiff, as in other cases.

3815 SEC. 11. [Trial-Proceedings.] Any defendant may, after the return of the sheriff, aforesaid, traverse, by way of answer, any material fact stated in the petition or inquest, or he may plead any valid matter in bar of the plaintiff's right to have the benefit of the writ; or he may file exceptions for substantial defects to the writ, the inquest, or any of the proceedings herein provided for; and issues of law and of fact may be made up and tried as in other cases; and the court may quash the writ, or set aside the inquest, and may award a new writ on payment of all costs by the party who has built, or proposes to build, such mill-dam, or the court may dismiss the proceedings, or may ratify and confirm such inquest.

3816 SEC. 12. [Same-Judgment.] If on such inquest or trial it shall appear to the court that the mill or appurtenances thereunto belonging, or the mansion house of any defendant, or curtilage or garden thereunto immediately belonging, will be or has been overflowed or injured, or the health of the neighborhood annoyed, they shall not give leave to build or continue such mill-dam; but, if none such injuries have accrued, nor will be likely to accrue, they shall proceed to adjudge whether, under all the circumstances, it be just and reasonable that such leave be given or not given.

3817 SEC. 13. [Same-Dam erected.] In case such petition be filed by the plaintiff, after having erected his mill-dam, no damages shall be allowed, and the application shall be dismissed, unless the case be such that leave would have been given to build such mill-dam if such petition had been brought before the erection thereof.

3818 SEC. 14. [Persons damaged-Proceedings.] Where any person may have built a mill or other dam whereby the water of any river, creek, run, or spring may be rendered stagnant, or any lands may be overflowed or injured thereby, any person or any number of persons interested therein, or who may be damaged by the stagnation or overflowing of said water, or otherwise, may file a petition against the owner of such mill-dam for such writ, and like proceedings shall be had mutatis mutandis, as where the owner of a mill-dam so built brings the petition. But such owner shall have ten days previous notice of the filing of the petition.

3819 SEC. 15. [Fee of mill site.] If the petition is brought to obtain leave to build a mill-dam, and such leave is granted, the plaintiff shall, upon paying respectively to the persons entitled the value of the acre so located and the damages assessed on the inquest aforesaid, become seized in fee-simple of the said acre of land; but if he shall not, within one year after the final adjudication, begin to build said mill, and finish the same within three years, and afterwards continue it in good repair for public use, or, in case said mill and dam, or either of them, be destroyed, if he shall not begin to rebuild the same within one year after such destruction, and finish the erection thereof within three years thereafter, the said acre of land shall revert to the former proprietor and his heirs, unless at the time of such destruction the owner of such mill be an infant, or imprisoned, or of unsound mind, in which SEC. 14. Remedy cumulative. 29 Neb., 768. Requirements of petition in sec. 2 do not apply. 26 Neb., 722, SEC. 15. One owner a minor, protection of statute extends to all. 31 Neb., 723.

case the length of time above specified shall be allowed after such disability is

removed.

3820 SEC. 16. [Damages-Assessment.] Where the petition is brought against the owner of a mill-dam already built, as provided in section fourteen of this act, and the mill is found to be of public utility, or where the petition is brought to obtain leave to build or continue a mill-dam, the jury shall assess such damages as the party or parties injured may have sustained and will sustain by the erection and continuance of such mill-dam. But where the petition is brought against the owner of a mill-dam as aforesaid, and such mill is not found to be of public utility, no damages shall be assessed for injuries which may accrue by the continuance of such mill-dam.

3821 SEC. 17. [Damages-Judgment.] Where the petition is brought to obtain leave to build or continue a mill-dam, and such leave is granted, or where it is brought against the owner of a mill-dam as aforesaid, the court may render judgment for the damages assessed against the person owning or proposing to build such mill; and such assessment of damages, when fully paid and satisfied, after confirmation thereof by the court, shall bar a recovery for any damages or injury sustained previous or subsequent to such inquest in any and every action at law; Provided however, That where the petition is brought against the owner of a mill-dam already built as aforesaid, unless the mill is found to be of public utility, such assessment, though paid and satisfied, shall not bar a recovery for damages or injuries which may accrue thereafter.

3822 SEC. 18. [State land-Damages.] The damages assessed upon public lands of the state shall be collected as in other cases, and paid into the state treasury to the credit of the proper fund.

3823 SEC. 19. [Infant defendants.] Should any of the defendants to the petition be infants, the proceedings shall be conducted in all respects as if such infants were of full age; but the court shall appoint some suitable and discreet person not of kin to the plaintiff, to act as guardian ad litem for such infants. Such guardian ad litem shall appear and defend for such infants, but no confession, admission, or default on his part shall prejudice or affect their rights or interests.

3824 SEC. 20. [Costs.] Should no resistance be made to proceedings brought under this act to obtain leave to build or continue a mill-dam, the costs shall be adjudged against the plaintiff; but if such proceedings be resisted in any stage thereof, the court shall equitably adjust the costs which are caused by such resistance, having regard to the event.

3825 SEC. 21. [Jurors-Vacancies.] Should any of the jurors so summoned fail to appear at the time and place appointed for the inquest, the sheriff shall forthwith prepare a list of three disinterested freeholders of the county for each juror so in default, and of the list so prepared, the plaintiff, and defendants, their agent or attorney, shall alternately, in the presence of the sheriff, strike out one name till but the number required to fill the panel remains. If the defendants fail to appear, or should they refuse or fail to strike, or if they are unable to agree upon any name or names to be struck from said list in their turn, the sheriff shall strike in their stead. The sheriff shall forthwith summon the freeholders so chosen, and the same proceedings shall be thereupon had as when all the jurors appear.

3826 SEC. 22. [Defaulting jurors-Punishment.] The sheriff shall in his return report to the court the name of any juror so in default as aforesaid, and on motion of plaintiff, such defaulting juror may be attached as for contempt, and unless when brought before the court, he then and their purge himself of such contempt to the satisfaction of the court, he may be adjudged to pay the costs incurred

by reason of his said default, and to stand committed until the same are paid; and unless he voluntarily appear to purge himself as aforesaid, he shall in any event, pay the costs of such attachment.

3827 SEC. 23. [Jurors' fees.] Each juror shall be allowed one dollar for each days' attendance upon such inquest, and other costs shall be allowed as in

other cases.

3828 SEC. 24. [Preservation of mill.] When the water backed up by any mill-dam belonging to any mill or machinery is about to break through or over the banks of the stream, or to wash a channel so as to turn the water of such stream, or any part thereof, out of its bed or ordinary channel, whereby such mill or machinery will be injured or affected, the owner or occupier of such mill or machinery, if he do not own such bank or banks or the lands lying contiguous thereto, may, if necessary, enter thereon, and erect and keep in repair such embankments, fortifications, and other works, as shall be requisite to prevent such water from breaking through or over the bank or banks of such stream, or washing a channel as aforesaid, such owner or occupier committing thereon no unnecessary waste or damage.

3829 SEC. 25. [Same-Damages.] Nothing contained in the last preceding section shall be construed to bar the owner of such bank or banks, or land lying contiguous thereto, from recovering the amount of any injury which he may have actually and in fact sustained by the erection or repair of such embankment, fortification, or other works.

3830 SEC. 26. [Injuring mill site.] If any person shall injure, destroy, or remove any such embankment, fortification, or other works, the owner or occupier of such mill or machinery may recover of such person all damages which he may sustain by reason of such injury, destruction, or removal.

3831 SEC. 27. [Public mills.] All mills within this state, now in operation or which hereafter may be put in operation, for grinding wheat, rye, or corn, or other grain, and which shall grind for toll, shall be deemed public mills.

3832 SEC. 28. [Duties of miller.] The owner or occupier of every public mill within this state shall grind the grain brought to his mill as well as the nature and condition of his mill will permit, and in due time as the same shall be brought.

3833 SEC. 29. [Rates of toll-Posting.] The owner or occupier of every public mill shall cause a statement of the rates of toll by him charged for grinding and bolting the different species of grain to be posted in at least two conspicuous places within the mill; and such statement shall either be written or printed in a plain and legible manner, and the county commissioners in each county shall establish and regulate the amount of toll allowed to be charged.

3834 SEC. 30. [Measures.] He shall keep in his mill an accurate half bushel measure and an accurate set of toll dishes.

3835 SEC. 31. [Liability of miller.] He shall be accountable for the safe keeping of all grain received in his mill for the purpose of being ground, with the bags or casks containing the same, and shall, when required, deliver the same, or the flour or meal thereof, to the owner, or his or her agent, or order, or servant, with the bags or casks in which the same was received; Provided, that such miller shall not be accountable for any bags or casks, unless the same be distinctly marked with the initial letters of the owner's name, nor for the loss of grain, bags, or casks which shall happen by unavoidable accident.

3836 SEC. 32. [Taking too much toll-Penalty.] Any owner or occupier of any public mill who shall, by himself or agent or servant, take a greater rate of toll than that inserted in the statement required in section twenty-nine, or shall in any manner fail to comply with the provisions and requirements of this

act, shall forfeit to the party injured the sum of twenty dollars, which penalty may be sued for and recovered before any court of this state having jurisdiction thereof.

3837 SEC. 33. [Public changed to private mills.] Any owner or oc cupier of any public mill may, by giving thirty days' notice in writing, change such public mill into a private one; such notice shall be posted on the mill, and in at least two other conspicuous place within the county; Provided, however, That such mill shall no longer grind for toll after expiration of the date of said notice; Provided, That no party shall change his mill to a private mill until fully reimbursing all parties who have assisted in its erection.

SEC. 34. [Repealed chap. 36., R. S., 262.]

CHAPTER 58.-MINERALS.

3838 SECTION 1. [Mining tools-Taxation.] That all tools and implements and machinery used solely in opening and working any coal mine situated in the state of Nebraska shall, for the term of three years after the passage of this act, be exempted from taxation. [1875, § 1, 156.]

3839 SEC. 2. [Award for discovery of coal or iron.] That when it shall be made apparent to the governor of Nebraska by affidavit of the owner or owners thereof, that a vein of coal not less than twenty-six inches in depth, and of sufficient capacity to pay to mine, and within paying distance from the surface, has been discovered, or vein of good iron ore eighteen inches thick, is shall be the duty of the governor to appoint a suitable person to examine the same, whose duty it shall be to report the probable extent and capacity of the vein, or veins, upon personal examination and measurement of said vein or veins, all expenses for said examination to be paid for by the owner, or owners, of said mines. Said report being satisfactory to the governor, he shall direct the auditor to draw an order on the treasurer for the sum of four thousand dollars to be paid to the owner, or owners, of said mine of coal, and of two thousand dollars, for a vein of iron ore one foot thick; if the vein of coal discovered should be three feet in depth, four thousand dollars, and of the required capacity. Said orders to be paid out of the general fund of the state treasury, as above directed.

3840 SEC. 3. [Specimens of strata preserved.] It shall be the duty of the persons prospecting for coal or iron ore, carefully to preserve specimens of each strata through which its shafts are sunk, or borings are made, and if the bonus is obtained, on the conditions before mentioned in this bill, to deposit the same, properly labelled, in care of the department of the state for the future use of the commonwealth.

3841 SEC. 4. [Application of act.] The provisions of this act shall not apply to any veins of coal already discovered nor shall any bonus be paid for striking the same vein within twenty-five miles.

CHAP. 58. "An act to encourage the opening and developing of coal and other mineral interests in the state of Nebraska." Laws, 1875, 156. Took effect Feb. 23, 1875. See sec. 1, art. III, chap. 18. See also sec. 1, art. IX, Const.

CHAPTER 59.-MONEY.

3842 SECTION 1. [Denominations.] The money of account of this state, is the dollar, cent, and mill, and all public accounts, and the proceedings of all courts in relation to money, shall be kept and expressed in money of the above denomination. [R. S., 269. G. S., 480.]

3843 SEC. 2. [Same.] The above provisions shall not in any manner affect any demand expressed in money of another denomination; but such demand, in any suit or proceeding affecting the same, shall be reduced to the above denomination.

CHAP. 59. Chap. XXXVI, R. 3., 269. Chap. 45, G. S., 480, except secs. 3 and 4, repealed 1881, 102