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any writ as provided in section five, it shall be the duty of such magistrate to direct such writ to the chief of such association, and the return thereon shall be verified in the same manner as provided by law for returns of such writs by sheriffs, and shall be signed by the chief's name and the name of the association, and if served by any other member than the chief, he shall add to the name of the chief and the association his name as associate, and such return shall be entitled to the same credit as returns by sheriff, and when actually engaged in such service the members of such association shall have the same authority given by law to sheriffs in discharge of like duties, and such association shall be entitled to the same fees and mileage, to be taxed and collected in the same manner as provided by law for the payment of fees to sheriffs. [Id. § 6.[
SEC. 195. [Liability on bond.]-The members of every detective association incorporated under the provisions of this act and their sureties shall be liable on the bond of such association in damages to the party injured for loss of or damages to any money, property, or thing of value which may come into their possession, or the possession of their employes, in the course of their employment, and for the escape of any prisoner in their charge, if such loss, damage, or escape is caused by the negligence or misconduct of any member or employe of such association, which damages may be recovered in any court of competent jurisdiction in the county where the principal office is located according to their certificate on file in the office of the secretary of state; Provided, That such association may have a lien on any stolen money or property recovered by them for the amount of the reward publicly offered or agreed in writing to be paid, and may refuse to deliver such money or property to the person offering such reward until payment of the same be made. [Id. § 7.]
SEC. 196. [Dissolution.]—Any detective association incorporated under the provisions of this act may be dissolved by two-thirds of the living members thereof making and filing in the office of the secretary of state a certificate showing the names of all the members, the date of their incorporation, and the name of the association, the names of any member who may be dead or has absconded or severed his connection with the association; declaring it their intention to dissolve such corporation at a time to be named in such certificate, which time shall not be less than forty days after the first publication of such certificate in the manner hereinafter provided; such certificate shall be subscribed and verified by the oaths or affirmations of two-thirds of the living members of such association and published four consecutive weeks in some newspaper printed and of general circulation in the county where their principal office is located, and if no such paper be printed in said county then in some paper printed and of general circulation in the county where the capital of the state is located; Provided, however, That a failure for more than thirty days after the association of a new member or the expiration of five years to file a new certificate and bond as provided in section four of this act shall work a dissolution of such corporation, and upon the dissolution by operation of law or action of the members of such association, all the property and effects of every nature belonging to such association shall descend to and be vested in the members thereof jointly. [Id. § 8.] SEC. 197. [Penalties.]—Any person who shall in the name of, or by virtue of, their association with or employment by any detective association incorporated under the provisions of this act engage in the secret service for pay, or offer to any other person their services as a detective, without having first complied with the requirements of the first three sections or having received a certificate of their employment, as provided in section four of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty ($50) dollars or imprisoned in the county jail not to exceed thirty days, and any person who shall by means of such false and fraudulent pretended association with or employment by any detective association, incorporated under the provisions of this act, obtain from any other person any goods, merchandise, money, property, effects, or other thing of value, if the property or money so fraudulently obtained be the value of thirty-five ($35) dollars or upwards, such person so offending shall be imprisoned in the penitentiary not more than five years nor less than one
year; but if the value of the property be less than thirty-five ($35) dollars the person so offending shall be fined in any sum not exceeding one hundred dollars or be imprisoned in the county jail not exceeding sixty days, and be liable to the party injured for the damages sustained. [Id. §.9.]
INSURANCE BY SECRET SOCIETIES.
SEC. 198. [Exemption.]-That any secret society or association, the management and control of which is confined exclusively to the membership of any secret society or order, heretofore organized or which may hereafter be organized, which in addition to the benevolent and fraternal features thereof shall also issue certificates of indemnity calling for the payment of a certain sum, known and defined, in case of the death, disability, or sickness of any of its members, to the wife, widow, orphan, or orphans, or other persons dependent upon such members, shall be exempt from the provisions of chapter twenty-five (25) of the Revised Statutes of 1886, of the territory, now state of Nebraska, the same being chapter sixteen (16) of the Compiled Statutes of 1885; Provided, That such secret society or association as aforesaid shall comply with all the requirements of this act. [1887, § 1, chap. 18.]
SEC. 199. [Certificate filed with auditor.]-Within thirty (30) days after the taking effect of this act, such society as aforesaid shall, by its presiding officer or recording officer, or both of them, file a certificate in the office of the auditor of public accounts, setting forth the total number of members in good standing in such society or association at the date of the taking effect of this act, the name, title, and postoffice address of each of the chief officers of such society or association; the plan of assessment upon which funds are provided to pay the certificate of indemnity issued by such society or association, together with a certified copy of the constitution and by-laws of such society. If, from such statements, the auditor of public accounts shall be satisfied that such society or association has a sufficient membership to pay a certificate so issued by such society or association, in case of the death of any of its members, by its usual method of assessment, he shall issue to such society or association a certificate authorizing it to transact its business for one year. [Id. § 2.]
SEC. 200. [Annual statement.]-On the first day of January of each year, or within fifteen days thereafter, such society or association shall, by its presiding or recording officer, or both of them, file with the auditor of public accounts a sworn statement, setting forth the total number of members in good standing on the first day of January of that year; the total number of members who have been suspended for nonpayment of dues or assessments for the twelve months next preceding the date of the report, the name of each member deceased during the year next preceding the date of the report, together with the amount of money paid to each, the number of claims resisted and the reasons for resisting the payment thereof; the total amount collected for the payment of certificates of indemnity hereinbefore provided for; the amount due and unpaid upon certificates of deceased members, the total amount on hand in such fund, and the amount paid out in such fund. If the auditor shall be satisfied that such society or association has a sufficient membership to pay its certificate in full in case of the death of any of its members, by its usual method of assessment, he shall issue his certificate authorizing such society or association to transact its business for the term of one year from the first day of January next preceding the date of the report. [Id. § 3.]
SEC. 201. [Revocation of certificate.]-If at any time the auditor shall be credibly informed that the membership of such society or association has fallen below a number sufficient to produce the amount required to pay a certificate of membership in full, in case of the death of any of its members, he shall cause an investigation to be made of the affairs of such society or association, at the expense of such society or association, and if he shall become satisfied that its membership has fallen below the number
SEC. 198. "An act to exempt certain secret societies and associations from the requirements of chapter 16 of the Compiled Statutes, to define the duties, powers, and obligations of such societies and associations, and to provide penalties for the violations thereof." Laws 1887, chap. 18. Passed and took effect March 29, 1887.
required as aforesaid, he shall revoke the certificate provided for in section three of this chapter, and it shall be unlawful for such society or association to further transact any business within the state of Nebraska. [Id. § 4.]
SEC. 202. [Change in by-laws.]-Before any change in the constitution or by-laws of any such society or association shall take effect, a copy of the same shall be filed in the office of the auditor of public accounts. [Id. § 5.]
SEC. 203. [Money.]-All moneys collected by any such society or association for the payment of its certificates of indemnity shall be used for that purpose, and none other. [Id. § 6.]
SEC. 204. [Penalty.]-Any person or persons violating the provisions of this act shall, upon conviction thereof, be imprisoned in the penitentiary for not more than five nor less than one year. [Id. § 7.]
SEC. 205. [Applicability of act.]-This act shall only apply to secret, benevolent, fraternal societies. [Id. § 8.]
SEC. 206. [Penalty.]-Any officer of any such society or association, who shall embezzle or appropriate any of the moneys or property of any such society or association to his own use, shall be deemed guilty of embezzlement, and shall, upon conviction thereof, be punished accordingly. [Id. § 9.]
CHANGE OF NAME OF CHURCHES, RELIGIOUS AND EDUCATIONAL INSTITUTIONS.
SEC. 207. [Authority.]-That any church, religious or charitable association or corporation existing now, or hereafter coming into existence, by virtue of any special charter from the legislature of this state or of the territory of Nebraska, or by virtue of the general statutes of the state, may and hereby is authorized to change its name at any regular annual meeting of said association by a two-thirds affirmative vote of the members present at said meeting. [1887, § 1, chap. 19.]
SEC. 208. [Notice.]-Public notice of such action by said church or association shall be given by publishing the same in some newspaper in general circulation in the county where said church or association is located for three weeks successively next after said meeting, and by recording the minutes of said meeting in the same place as articles of incorporation are now by law required to be recorded. [Id. § 2.]
SEC. 209. [Vested rights.-The change of the name of any church or relig ious or charitable association under this act shall not in any manner impair the right, title, or interest in or to any property held by said association whose name becomes changed, and any incumbrance or liability created before said change shall remain unimpaired thereby. [Id. § 3.]
INCORPORATION OF UNION DEPOT COMPANIES.
SEC. 210. [Authority.]—Any number of persons not less than five may associate themselves together and become incorporated for the purpose of constructing, maintaining, and operating union freight and passenger depots, and the tracks, structures, appliances, and appurtenances incident and necessary to the use of the same, in like manner and by like proceedings as are now provided in chapter 16 of the Revised Statutes of 1885, for the organization of railway companies, including the exercise of the power of eminent domain. [1887, § 1, chap. 20.]
SEC. 211. [Powers.]-Such union depot companies shall be authorized and empowered to locate, establish, construct, furnish, maintain, operate, and enjoy union freight and passenger railway depots at such points as may be determined upon, with such tracks, side-tracks, turn-outs, switches, offices, and structures as may be deemed necessary; and shall have power to acquire, take and hold all real, personal, and mixed property necessary or convenient for the execution of the powers herein granted, and the accomplishment of the objects and purposes of this act. [Id. § 2.]
SEC. 207. "An act authorizing churches, religious and charitable associations to change their names and declarin⚫ the effect thereof." Laws 1887, chap. 19. Took effect July 1, 1887.
SEC. 210. "An act authorizing the incorporation of union depot companies." Laws 1887, Chap. 20. Took effect July 1, 1887.
SEC. 212. [Same-Mortgages, etc.]-Every union depot company shall have power and is hereby authorized to mortgage or execute deeds of trust of the whole or any part of its property and franchises, including all lands owned or to be acquired by said company to secure money borrowed by it for the construction and equipment of such union depots and appurtenances; and may issue its corporate bonds in sums of not less than one thousand ($1,000) dollars each, secured by said mortgages or deeds of trust, payable to bearer or otherwise; and, if payable to bearer, negotiable by delivery, and bearing interest at a rate not to exceed seven per centum per annum, and convertible into stock or not as shall be expressed on the face of each and every bond so issued by said company; and may sell such bonds at such rates or prices as they may deem proper; and if said bonds shall be sold below the nominal or par value, they shall be binding upon said company, and no plea of usury shall be put in or allowed by said company upon any suit or proceedings upon the same. The principal and interest on said bonds, or either of them, may be made payable within or without the state; and such bonds may be issued to the amount deemed necessary by the board of directors of said company, for the construction and completion of said union depot and appurtenances. [Id. § 3.]
SEC. 213. [Same-Lien.]-Any mortgage or deed of trust made upon the real or personal property of such union depot company shall bind and be a valid lien upon all the property mentioned in such deed or mortgage, and the purchase[r] under foreclosure of said mortgage or deed of trust shall have and enjoy all the rights of a purchaser on execution sale. [Id. § 4.]
SEC. 214. [Mortgages-Property.]—Said mortgages or deeds of trust may by their terms include and cover not only the property of the companies making them at the time of their date, but property both real and personal which may thereafter be acquired by them, together with all the material and property necessary for the use and operation of said union depots, and shall be as valid and effectual as if the property were in possession at the time of the execution thereof. [Id. § 5.]
SEC. 215. [Foreign corporations made domestic.]—That any corporation organized under the laws of any other state or states, territory or territories, which has filed, or may hereafter file with the secretary of state of this state a true copy of its charter or articles of association, shall on filing with the secretary of state a certified copy of the resolution adopted by its board of directors, accepting the provisions of this act, be and become a body corporate of this state. [1889, chap. 42.]
"An act to enable foreign corporations to become domestic corporations of this state." Passed and took effect March 19, 1889. Laws 1889, chap. 42.
CHAPTER 17.-COUNTIES, COUNTY BOUNDARIES, AND COUNTY SEATS.
SECTION 1. That the counties hereinafter named shall be bounded by boundary lines as set forth in this act. [G. S. § 1, 212.]
SEC. 2. [Adams.]-The county of Adams is bounded as follows: Commencing at the southwest corner of township five, north, of range twelve, west; thence east to the southeast corner of township five, north, of range nine, west; thence north to the northeast corner of township eight, north, of range nine, west; thence west to the northwest corner of township eight, north, of range twelve, west; thence south to the place of beginning. [Id. § 2.]
SEC. 3. [Antelope.]-The county of Antelope is bounded as follows: Commencing at the southwest corner of township twenty-three, north, of range eight, west; thence east to the southeast corner of township twenty-three, north, of range five, west; thence north to the northeast corner of township twenty-eight, north, of range five, west; thence west to the northwest corner of township twenty-eight, north, of range eight, west; thence south to the place of beginning. [Id. § 3.]
SEC. 3 a. [Arthur.]-That all that portion of the state of Nebraska commencing at the southeast corner of township seventeen (17), north of range thirty-six (36) west of the sixth principal meridian; thence north to the northeast corner of township twenty (20), north, of range thirty-six (36), west; thence west along said township line to the east line of Cheyennne county, thence south along the east line of Cheyenne county to the north line of Keith county, thence east along the north line of Keith county to the place of beginning, be and the same shall constitute the county of Arthur. [1887, chap. 21.]
SEC. 3 b. [Banner.-The county of Banner is bounded as follows: Commencing at the southeast corner of section thirty-six in township seventeen, north, of range fifty-three west of the sixth principal meridian; thence due north on the range line between range fifty-two and range fifty-three, to the northeast corner of section twentyfour, township twenty, north range fifty-three west; thence due west on the section line to the point where said section line intersects the east line of the territory of Wyoming : thence south along the west line of the state of Nebraska to a point where said state line intersects the township line between townships sixteen and seventeen, north of range fifty-eight west; thence due east on said township line to the place of beginning.] SEC. 4. [Blaine.]-That all that portion of the state of Nebraska commencing at the southeast corner of township twenty-one (21), range twenty-one (21), running thence north to the northeast corner of township twenty-four (24), range twenty-one (21), township twenty-four (24); thence west to the northwest corner of township twenty-four (24), range twenty-five (25); thence south to the southwest corner of township twenty-one (21), range twenty-five (25); thence east to the southeast corner of township twenty-one (21), range(21), to the place of beginning; that the ter ritory within said boundary may be set apart and hereafter known as Blaine county,
ART. I. "An act defining the boundaries of certain counties." G. S. 212. Took effect March 3, 1873. Secs. 12-13 of "An act to correct clerical errors in and to amend an act entitled 'An act defining the boundaries of certain countles'" [Gen, Stat, 225, 226] are re-enacted by act of 1879, p. 353, secs, 2 and 3, chap. 18. NOTE, also, that at the 10th session of the legislature called to correct errors in the county boundaries act of the 9th session, two acts were passed for the purposes set forth in their titles, which were: 1. "An act to extend the time for making assessments in newly organized counties, and in portions of the state affected by changes in county boundaries by an act entitled 'An act defining the boundaries of certain counties.' Approved March 3, 1873." 2. “An act to make valid and legalize the acts of public officers acting in good faith, and to prevent the failure of justice, or the abatement of actions commenced, owing to any change in county boundaries by an act entitled 'An act defining the boundaries of certain counties,' approved March 3, 1873." These acts [Gen. Stat. 226, 227] are omitted from this volume.
SEC. 1. Cited 22 Neb. 417.
SEC. 3 b. Erected out of Cheyenne county by vote of electors Nov. 6, 1888.