postpone the trial of the case to a day certain, in which case he shall require the defendant to enter into recognizance with sufficient security, conditioned that he will appear before said judge at the time and place appointed, then and there to answer the complaint alleged against him.

SEC. 87. [Same-Breach.]-In case of the breach of any recognizance entered into as aforesaid, the same shall be certified to the district court of the proper county, to be proceeded upon according to law; if in the progress of any trial before the said judge it shall appear that the accused ought to be put upon his trial for an offense, not cognizable before said judge, he shall immediately stop all further proceedings before him, and proceed as in other cases exclusively cognizable before the district court.

SEC. 88. [Witnesses.]-It shall be the duty of said judge to summon all persons whose testimony may be deemed material as witnesses at the trial, and to enforce their attendance by attachment, if necessary, and all witnesses shall receive the sum of fifty cents for each day's attendance.

SEC. 89. [Trial by jury.]—Cases in the police court for violation of the city ordinances shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanor under the statutes of the state shall be tried by the police judge alone, unless the defendant demand a jury; if a jury be demanded, the case shall be tried by a jury of six competent men, unless a smaller number be agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in justices' courts, and the trial of all such cases before said police judge shall be conducted, in all respects not herein otherwise provided, in like manner as criminal cases before justices of the peace. Jurors in the police court shall receive the same fees as jurors in justices' courts, to be taxed as other costs are taxed in the case.

SEC. 90. [Judgment.]-If the defendant be found guilty, the police judge shall declare and assess the punishment, and render judgment accordingly. It shall be part of the judgment that the defendant stand committed until judgment be complied with; Provided, That in any prosecution for the violation of any ordinance, the defendant shall have the right to produce before said police judge one or more sureties to the satisfaction of said judge, which said sureties shall, with the defendant, confess a judgment for the amount of the fine or penalty imposed, with costs of suit; and said judge shall enter said confession of judgment upon his docket, and render judgment accordingly, in the name of the state of Nebraska, against them for the amount of such fine and costs; and if said judgment be not paid within ninety days from the date of such confession and entering of judgment, said police judge shall issue execution and collect the amount of said fine or penalty and costs in the manner provided by law for collecting judgments by execution in justices' courts.

SEC. 91. [Discharge.]-Any defendant committed under the provisions of this act, for a misdemeanor arising under the laws of this state, may be discharged in the same manner as if he had been committed by the county court.

SEC. 92. [Proceedings.]-In all cases not herein specially provided for, the process and proceedings before the judge shall be governed by laws regulating proceedings in county courts in civil and criminal cases respectively.

SEC. 93. [Continuance.]-When a trial shall be continued by the judge, it shall not be necessary to summon any witnesses who may be present at the continuance, but the judge shall verbally notify such witnesses as either party may require to attend before him to testify in the case on the day of trial, which verbal notice shall be as valid

as a summons.

SEC. 94. [Challenges.]—In trials by a jury before the police judge, challenges shall be allowed in the same manner as in similar cases before the county court.

SEC. 95. [Duties of police judge.]-The police judge shall be a conservator of the peace, and his court shall be open every day except Sunday, to hear, try and determine all cases cognizable before him, and he shall have power to bring parties forthwith to trial.

SEC. 96. [Punishment.]-Any person convicted before the judge, of any offense under the ordinances of the city, shall be punished by such fine and imprisonment as may be regulated by ordinance.

SEC. 97. [Appeal.]-Appeals may be taken from the judgments of the police judge in criminal cases, and under ordinances in the same manner as appeals are taken from justices of the peace in criminal cases.

SEC. 98. [Power of police judge.]-The police judge shall have power to enforce due obedience to all orders, rules, judgments, and decrees made by him, and may fine or imprison for contempt offered to such judge whilst holding his court, or to process issued by him, in the same manner and to the same extent as the district courts.

SEC. 99. [Working prisoner.]-Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under the direction of the mayor, for the term of his imprisonment, and when committed for the non-payment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 per day for each day he shall work.

SEC. 100. [Vacancy in office.]-In case of a vacancy in the office of police judge by death, resignation, or otherwise, or in case of the absence, disability, or personal interest of said judge, such fact being shown by affidavit, the mayor shall, on notice thereof, appoint some justice of the peace, holding and exercising the duties of his office within the corporate limits of such city, to act as police judge during such vacancy, absence, or disability of said police judge.

CHAPTER 14 a.-CIVIL RIGHTS,

SECTION 1. [Equal privileges.]-All persons within this state shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances, barber shops, theatres, and other places of amusement; subject only to the conditions and limitations established by law, and applicable alike to every person. [1885, chap. 104 |

SEC. 2. [Same-Penalty.]—Any person who shall violate the foregoing section by denying to any person, except for reasons by law applicable to all persons, the full enjoyment of any of the accommodations, advantages, facilities, or privileges enumerated in said section, or by aiding or inciting such denials, shall for each offense be deemed guilty of a misdemeanor, and be fined in any sum not less than twenty-five dollars ($25.00) and not more than two hundred dollars ($200.00), and pay costs of the prosecution, and in default or refusal to pay the fine and costs, be imprisoned in the county jail until such fine and costs are paid.

CHAPTER 15.-COMMON LAW.

SECTION 1. [Common law in force.]-So much of the common law of England as is applicable and not inconsistent with the constitution of the United States, with the organic law of this territory, or with any law passed or to be passed by the legislature of this territory is adopted, and declared to be law within said territory.

675.

CHAP. 14 &. "An act to provide that all citizens shall be entitled to the same civil rights, and to punish all persons for violations of its provisions," took effect June 5, 1885. Act valid so far as it relates to citizens. 25 Neb. CHAP. 15. CHAP. VII, R. S, 31. The common law relative to trespass by stock on uncultivated uninclosed land 's not in force. 10 Neb. 493. 11 Id. 533. Application of principles. 12 Neb. 4. Trusts. Cited 46 N. W. R. 155.

CHAPTER 16.-CORPORATIONS.

INSURANCE COMPANIES.

SECTION 1. [Statement.]-It shall be the duty of each and every insurance company incorporated under the laws of this state to file with the auditor of the state a full and specific statement of the amount of cash paid in upon said stock; the amount of stock not paid for in cash; the amount secured by mortgages or pledges of real estate ; the names and residences of the stockholders in said company, with the amount of stock owned or held, set opposite the name of each, and if not all paid up in cash, the amount unsecured and the amount secured, specifying whether by real or personal security, also set opposite the name of each; the names of all the officers and agents of the company wherever residing; the amount of policies issued by and outstanding against the company, at the date of said report; the amount of premiums received by said company during the preceding six months; the amount of cash on hand; the amount of bills payable and receivable at the date of said statement; the amount of real estate owned by said company, where held and owned, and in what manner said real estate became vested in said company, which report and statement shall be verified by the oath of the president and secretary of the company. [R. S. 187. G. S. 160.]

SEC. 2. [Semi-annual statement.]-It shall be the duty of every insurance company now created or that may hereafter be created under the laws of this state, to file a semi-annual statement of the affairs of said company, with the auditor of the state, on the first day of January and July in each year, which statement shall be verified by the oath of the secretary of the company. Such statement shall containFirst-The name and locality of the company.

Second-The amount of capital stock of said company.
Third-The amount of its capital stock paid up.
Fourth-The assets of the company, including-

I. The amount of cash on hand.

II. The amount of cash in hands of agents.

III. The real estate unincumbered.

IV. The bonds and notes of the company, and how they are secured, with the rates of interest thereon, and whether given in payment of stock subscription, or for bona fide loans.

V. Debts of the company secured by mortgage.

VI. Debts otherwise secured.

VII. Debts for premiums.

VIII. All other securities.

Fifth-The amount of liabilities due or not due to banks or other creditors by the

company.

Sixth-Losses adjusted and due.

Seventh-Losses adjusted and not due.

Eighth-Losses unadjusted.

Ninth-Losses in suspense.

Tenth-All other claims against the company.

Eleventh-The greatest amount insured by any one risk.

And the auditor shall cause a brief abstract of such statement to be published in at least one newspaper at the capital of the state, and such company shall pay for said publication.

CHAP. 16, SEC8. 1-144. Chapter 25 R. S. 187. G. S. 160. See also chap. 43, post. See 18 Neb. 277. See also as to secret societies, sec. 198, this chapter.

SEC. 3. [Penalty.]-A failure to comply with the provisions of the two preceding sections shall subject the president and secretary of any company, each, individually, to the penalty of one hundred dollars, to be recovered in an action at law in the name of any citizen of the state, one-half of the same to the use of the state, and the other moiety to the use of the informer.

SEC. 4. [Real estate.]-It is declared unlawful for any insurance company in this state to purchase or hold any real estate save what shall be necessary for the transaction of its legitimate business of insurance; and deeds and conveyances to said company, for any other purposes, are hereby declared to be void.

SEC. 5. [Foreign companies.]-It shall not be lawful for any agent or agents of any insurance company incorporated by any other state or territory, directly or indirectly, to take risks or transact any business of insurance in this state without first procuring a certificate from the auditor of the state; and before obtaining such certificate, such agent or agents shall furnish the auditor with a statement, under the oath of the president or secretary of the company for which he or they may act, which statement shall show

First-The name and locality of the company.
Second-The amount of its capital stock.

Third-The amount of its capital stock paid up.
Fourth-The assets of the company, including-

I. The amount of cash on hand, and in the hands of agents and other persons.
II. The real estate unincumbered.

III. The lands owned by the company, and how they are secured, with the rate of interest thereon.

IV. The debts of the company secured by mortgage.

V.

Debts otherwise secured.

VI. Debts for premiums.

VII.

All other securities.

Fifth-The amount of liabilities due or not due to banks or other creditors by the

company.

Sixth-Losses adjusted and due.

Seventh-Losses adjusted and not due.

Eighth-Losses unadjusted.

Ninth-Losses in suspense, waiting for further proof.

Tenth-All other claims against the company.

Eleventh-The greatest amount insured by any one risk.

Twelfth-The greatest amount allowed by the rules of the company to be insured in any one city, town, or village.

Thirteenth-The greatest amount allowed to be insured in any one block.
Fourteenth-The act of incorporation of such company.

Which statement shall be filed in the office of said auditor, together with a written instrument under the seal of the company, signed by the president and secretary, authorizing such agent to acknowledge service, consenting that service of process upon such agent shall be taken and held to be as valid as if served upon the company, according to the laws of the state, or any state or territory, and waiving all claims of errors by reason of such service; and no insurance company, or agents of any insurance company, incorporated by any other state or territory, shall transact any business of insurance in this state, unless such company is possessed of at least one hundred thousand dollars of actual capital, invested in stocks of at least par value, or in bonds or mortgages on real estate worth double the amount for which the same is mortgaged; and upon filing the aforesaid statement and instrument with the auditor of the state, and furnishing him with satisfactory evidence of such instrument, as aforesaid, it shall be the duty of said auditor to issue a certificate thereof, with authority to transact business of insurance, to the agent or agents applying for the same; and the auditor may demand and receive two dollars for every such certificate, to be paid by the company.