CHAPTER 37 a.-ILL FAME HOUSES.

SEC. 1. [Harboring girls or boys-Penalty.]—That it shall be unlawful for any person or persons to allow, keep, maintain or harbor any girl under eighteen (18) years of age, or any boy under twenty-one (21) years of age in any house of ill fame or any house of bad repute, and any person found guilty of violating any of the provisions of this act shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined in any sum not exceeding one hundred ($100.00) dollars nor less than twenty-five ($25.00) dollars, or be imprisoned in the county jail not more than thirty (30) days, and shall stand committed until such fine and costs are paid. [1891, chap. 28, § 1.]

SEC. 2. [Same-Proceedings to remove.]-It shall be lawful for any sheriff, constable, chief of police, or any policeman, or city marshall, or any officer or agent of the Nebraska Humane Society, or any other humane or charitable society, to enter any house of ill fame to search for any such children allowed, kept, maintained, or harbored therein, and to institute and maintain proceedings in habeas corpus to remove such children from such houses of ill fame or bad repute, and it shall only be necessary to prove that such house from whence it is sought to remove such children is by common repute a house of ill fame, or of notoriously bad repute, or kept and run for the purpose of prostitution, to establish the unlawful detention, and depriving such children of their liberty. [Id. § 2.]

SEC. 3. [Jurisdiction-Custody of children.]-The county judges in their respective counties shall have jurisdiction in such cases as in habeas corpus, and upon proof being made, as provided in section (2) of this act, may, in their discretion, order such children removed from said houses of ill fame, or bad repute, and placed in charge of any of the above named societies, or with such discreet person or persons as may desire to take them until suitable permanent homes may be provided for them, or until such children may be permanently adopted, which the said judges in their discretion may order. [Id. § 3.]

SEC. 4. [Costs-Expenses.]-All costs and expenses of removing such children from such houses of ill fame or bad repute shall be adjudged and taxed against the party seeking to restrain said children and keep them in such houses of ill fame or bad repute, to be recovered as costs in civil cases. [Id. § 4.]

SEC. 5. [Maintenance.]-Nothing in this act shall be so construed as to relieve or release from liability of maintaining such children, any parents or persons charged with the support of such children after they have been removed by legal process from any houses of ill fame or bad repute, and placed with other families or societies or persons. And all such persons, whether parents or others, who have been held and bound for the support and maintenance of such children, shall be held and bound for their support and maintenance after any such removal and until such children have been placed in permanent homes with some person or society, which shall voluntarily assume their support and maintenance and education. The amount of said support and maintenance to be fixed by the county judge having jurisdiction, and to be recovered in a civil action, and to be paid to the person, or society, having in charge said child or children. [Id. § 5.]

CHAP. 37 &. "An act to prohibit the keeping, maintaining, or harboring of girls under the age of eighteen. (18) years and boys under the age of twenty-one (21) years in houses of ill fame, and to authorize any officer of the law, or the officers or agents of the Nebraska Humane Society, and all other humane or charitable societies, to compel their removal from such houses." [Laws 1891, chap. 28. Took effect April 4, 1891.]

CHAPTER 37 6-INDIANS.

SECTION 1. [Fire arms to Indians-Penalty.]-Any person who shall sell or give away under any pretext whatsoever to any Indian not a citizen any fire arms, ammunition or other munitions of any kind which can be used in fire arms shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in the Penitentiary for a term not less than two years or more than five years, or a fine not less than one hundred ($100) dollars nor more than one thousand ($1000) dollars. [1891, chap. 29.]

SEC. 2. [Liquors to Indians.]-Any person who shall sell or give away under any pretext whatsoever any malt, spiritous or vinous liquors or any intoxicating drinks of any kind whatsoever, to any Indian not a citizen shall be deemed guilty of a felony and upon conviction thereof shall be fined not exceeding one thousand ($1000) dollars or imprisoned in the penitentiary for a term of not less than two years or more than five years. [1891, chap. 30.]

SEC. 1. "An act to make the selling or giving away of fire arms ammunitions or other munitions which can be used in fire arms to any Indian not a citizen, a felony and providing a penalty therefor." [Laws 1891, chap. 29, Took effect April 8, 1891.]

SEC. 2. "An act to make the selling or giving away of malt, spiritous or vinous liquors or intoxicating drinks of any kind whatsoever to an Indian not a citizen, a felony and providing a penalty therefor." [Laws 1891, chap. 30. Took effect April 8, 1891.] See chap. 50, sec. 10. post.

CHAPTER 38.-IMPROVEMENTS ON PUBLIC LANDS.

SECTION 1. [Sale of improvements.]-All contracts, promises, assumpsits, or undertakings, either written or verbal, which shall be made hereafter in good faith and without fraud, collusion, or circumvention, for sale, purchase, or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts. [R. S. 186. G. S. 409.]

SEC. 2. [Deeds. All deeds of quit-claim, or other conveyance, of all improvements upon public lands, shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple in the premises.

CHAP. 38. Chap. XXIX, R. S. 186. Chap. 30, G. S. 409.

SEC. 1. The sale and surrender of a homestead claim on public lands, together with improvements thereon, is a good consideration for a promissory note. 7 Neb. 422. 13 Id. 505. See also 11 Neb. 518; 12 Id. 511; 14 Id. 244;

21 Id. 368, 646.

SEC. 2. See 2 Neb. 111.

CHAPTER 39.-INNKEEPERS.

SECTION 1. [Notice-Valuables.]—That hereafter every landlord or keeper of a public inn or hotel in this state, who shall constantly have in his inn or hotel an iron safe in good order, and suitable for the safe custody of money, jewelry, or other valuable articles belonging to his guests or customers, shall keep posted conspicuously at the office and in other public rooms or halls of his inn or hotel notices to his guests or customers that they must leave their money, jewelry, and other valuables with the landlord, his agent, or clerk, for the safe keeping, that he may make safe deposits of the same in the place provided for that purpose. [1875, § 1, 157.]

SEC. 2. [Same-Loss-Liability of landlord.]-That such landlord, hotel or inn keeper as shall comply with the requirements of the first section of this act shall not be liable for any money, jewelry, or other valuables of gold or silver, or rare or precious stones, that may be lost, if the same is not delivered to said landlord, hotel or inn keeper, his agent or clerk, for deposit, unless such loss shall occur by the hand or through the negligence of the landlord, or by a clerk or servant employed by him in such hotel or inn; Provided, That nothing herein contained shall apply to such amount of money and valuables, as is usual, common, and prudent for any such guest to retain in his room or about his person. [Id. § 2.]

SEC. 3. [Defrauding landlord-Penalty.]-Any person who shall put up at any hotel or inn and shall procure any food, entertainment, or accommodation, without paying therefor, except where credit is given by express agreement, with intent to cheat or defraud the owner or keeper thereof out of the pay for the same; or who, with intent to cheat or defraud such owner or keeper out of the pay therefor, shall obtain credit at any hotel or inn for such food, entertainment, or accommodation by means of any false show of baggage or effects brought thereto; or who shall with such intent remove, or cause to be removed, any baggage or effects from any hotel or inn while there is a lien existing thereon for the proper charges due from him for fare and board furnished therein, shall be punished by imprisonment not exceeding three months, or by a fine not exceeding one hundred dollars. [Id. § 3.]

SEC. 4. [Fire escapes.]-It is hereby made the duty of every keeper or owner of every hotel or lodging house in this state, of over two stories in height, to provide and securely fasten in every lodging room above the second story which has an outside window, and is used for the accommodation of guests or employees, a rope or rope ladder for the escape of the lodgers therein, in case of fire, of at least one inch in diameter, which shall be securely fastened within such room, as near a window as practicable, and of sufficient length to reach therefrom to the ground on the outside of such hotel or lodging house, and made of strong material and as secure against becoming inflamed as practicable. Such rope or rope ladder shall be kept in good repair and condition. In lieu of a rope or rope ladder there may be substituted any other appliance that may be deemed of equal or greater utility by the fire department, or such other authority as may have the control of fire regulations in the city or town where such hotel or lodging house is located; but such appliance shall, in all cases, be so constructed as to be under the control and management of any lodger in such room. [1883, § 1, chap. XLVII.]

SEC. 5. [Balconies.]-The owner or owners of every hotel or lodging house in this state, over three stories in height, shall provide, without delay, such hotel or lodging house with permanent iron balconies, with iron stairs leading from one balcony to the other, to be placed at the end of each hall above the third story, in case such hotel is

CHAP. 39. "An act concerning innholders or hotel keepers and their guests." Laws 1875, 157. Took effect Feb. 19, 1875. SECS. 4-10. "An act for the security of guests and lodgers against injury from fires." Passed and took effect February 24, 1883.

over one hundred feet in length, and in other cases such number as may be directed by the fire department, or such other authority as may have the control of fire regulations in any city or town where such hotel or lodging house is located. Such balconies and iron stairs shall be constructed at the expense of the owner of such hotel or lodging house. [Id. § 2.]

SEC. 6. [Notices.]-It shall be the duty of every such proprietor or keeper of any hotel or lodging house to post notices in every such room of such hotel or lodging house, calling attention to the fact that this act has been complied with, and the part of such room where such coil of rope or rope ladder is fastened. [Id. § 3.]

SEC. 7. [Penalty.]-Any violation of any of the provisions of this act hereinbefore contained shall be deemed a misdemeanor and indictable as such; and any person convicted thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars and costs of prosecution, and imprisoned until such fine and costs are paid. [Id. § 4.]

SEC. 8. [Watchman.]-In hotels or lodging houses containing more than fifty rooms, and being four or more stories high, the proprietor or lessee of each hotel or lodg ing house shall employ and keep at least one competent watchman, whose duty it shall be to keep watch and guard in such hotel or lodging house against fire, and to give warning in case a fire should break out. Such watchman shall be on duty between the hours of nine o'clock, P. M., and six o'clock, A. M., and in case of fire he shall instantly awaken each guest and all other persons therein, and inform them of such fire. A large alarm bell or gong shall be placed on each floor or story, to be used to alarm the inmates of such hotel or lodging house in case of fire therein. It shall be the duty of every proprietor, or keeper of such hotel or lodging house, in case of fire therein, to give notice of same to all guests and inmates thereof at once, and to do all in their power to save such guest and inmates. [Id. § 5.]

SEC. 9. [Same-penalty.]-Should such watchman leave his post of duty in such hotel or lodging house for more than fifteen minutes at any one time during the hours specified for him to be on watch, or if he shall sleep while on duty, or if he shall fail to awaken the persons sleeping in such hotel or lodging house, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not exceeding one year, or by a fine of not less than fifty dollars nor more than five hundred dollars. [Id. § 6.]

SEC. 10. [Penalty.]-Every proprietor of such hotel or lodging house who shall fail to comply with the requirements of section eight of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in the same manner as is provided in section seven of this chapter. [Id. §7.]

SEC. 11. [Grand jury.]-This act shall be given in charge to the grand jury at each session. And they shall make due inquiry and indict and bring to trial all parties found guilty of violating any of its provisions. [Id. § 8.]

SEC. 12. [Fines.]-All fines imposed or collected for any violation of the provisions of this act shall be paid to the treasurer of the county where such offense is committed, for the use and benefit of the common school fund. [Id. § 9.]

SEC. 13. [Hotels hereafter constructed.]-All hotels or lodging houses hereafter constructed in this state over two stories in height and over one hundred feet in length shall be constructed so that there shall be at least two stairways for the use of the guests leading from the ground floor to the uppermost story. And all out doors shall be so hung that they shall open on the outside instead of the inside of such hotel. [Id. § 10.]

CHAPTER 39 a-INDUSTRIAL HOME.

SECTION 1. [Establishment.]-There shall be established in the state of Nebraska an institution to be designated and known as the Nebraska Industrial Home. [1887, chap. 46.]

SEC. 2. [Object.]-Besides shelter and protection, the object of said institution shall be to provide employment and means of self-support for penitent women and girls, with a view to aid in the suppression of prostitution.

SEC. 3. [Government.]-The government of the "Nebraska Industrial Home " shall be by and under the supervision of the trustees of the "Woman's Associate Charities of the State of Nebraska," and their successors in office, who shall receive no compensation for their services, but shall be reimbursed actual and necessary expenses incurred in the discharge of the duties this act makes incumbent upon them, not to exceed the sum of five hundred ($500) dollars in any one year; Provided, That nothing herein contained shall be so construed as to prevent the "board of public lands and buildings" from establishing rules and regulations for the government of such home in any manner.

SEC. 4. [Location.]—It shall be the duty of the "board of public lands and buildings," within ninety (90) days after this act takes effect, to procure, by purchase or gift, not less than ten acres nor more than one hundred and sixty (160) acres of land for a site, and to locate said home thereon; and said site shall be located at the city or village which shall, after duly advertising for bids for its location, donate the largest amount to said home.

SEC. 5. [Buildings.]-Said board are hereby authorized and required, as soon as practicable after this act goes into effect, to take the necessary steps for constructing and furnishing suitable buildings for said home, including hospital accommodations. They shall advertise for plans and specifications of said buildings, and upon their adoption shall at once advertise for sealed proposals for constructing the buildings in accordance with the plans and specifications adopted by them, and shall require bonds for the faithful performance and completion of all work contemplated in this section, according to contract.

SEC. 6. [Officers.]-Said trustees, by and with the advice and consent of the governor, shall appoint a superintendent, a steward, a teacher or teachers, and such other officers as in their judgment the wants of said home may require, and fix their salaries; and, by and with the advice and consent of the governor, may remove the All such officers shall be women.

same.

SEC. 7. [Report.]—Within ten days preceding the meeting of each regular session of the legislature, said board and said trustees jointly shall furnish to the governor a printed report of their action and an estimate of the expenses of said home, together with a statement of the receipts and disbursements of funds; and during the first week of the session of the legislature, at least ten copies of said report shall be delivered to each member thereof. The said report shall show the names and residences of trustees of the "Woman's Associate Charities of the State of Nebraska," the condition of said home and names of the regular officers and salary of each, the number of persons who have been inmates, the average number during each year, the discipline prescribed, the studies and industries pursued, the expenses per capita based on an average yearly numbers and such other information as may be deemed important, or the governor request.

SEC. 8. [Appropriation-Obsolete.]

CHAP. 39 a.

"An act providing for the establishment and government of the Nebraska Industrial Home and .making appropriation therefor." Laws 1887, chap. 46. To ok effect July 1, 1887.