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and charge the same to said county, and the board of county commissioners shall add such amount to the next state tax to be levied in said county, and pay the amount so levied into the state treasury.
SEC. 48. [Estates and relatives not released from liability to pay expenses.]-The provisions herein made for the support of the insane at public charge shall not be construed to release the estates of such persons nor their relativesfrom liability for their support, except from the cost of board, care and treatment while in the hospitals of the state, which cost of board, care and treatment shall be borne by the state, and the commissioners of the several counties are authorized and empowered to collect from the property of such patients, or from any person or persons legally bound for their support, any sum paid by the county in their behalf, as herein provided; and the certificate from the superintendent and the notice from the auditor of state, stating the sums charged in such cases, shall be presumptive evidence of the correctness of the sum so stated. If the board of county commissioners, in the case of any insane person who has been supported at the expense of the county, shall deem it a hardship to compel the relatives of such patient to bear the burden of his or her support, they may relieve such relatives from any part or all of such burden, as may seem to them reasonable and just. [Amended 1891, chap. 31.]
SEC. 49. [Discharge of insane by commissioners.]—Whenever it. shall be shown to the satisfaction of the commissioners of insanity of any county that cause no longer exists for the care, within the county, of any particular person as an insane patient in their county, as herein provided, they shall order the immediate discharge of such person.
SEC. 50. [Pay of commissioners and officers.]-The commissioners of insanity shall be allowed at the rate of three (3) dollars per diem each, for all the time actually employed in the duties of their office; they shall also be allowed their necessary and actual expenses, not including charges for board. The clerk, in addition to what he is entitled to as commissioner of insanity, shall be allowed one-half as much more for making the required record entries in all cases of inquest, and of meetings of the board for any purpose, and for the filing of any papers required to be filed; he shall also be allowed twenty-five (25) cents for each notice or process given or issued under seal as herein required. The examining physician shall be entitled to five dollars for each case examined, and mileage at the rate of ten cents per mile each way. The sheriff shall be allowed for his personal service in conveying a patient to the hospital and returning therefrom, at the rate of three dollars per day for the time necessary and actually employed, and mileage the same as is allowed in other cases, and for other service the same fees as for like services in other cases. Witnesses shall be entitled to the same fees as witnesses in the district court. The compensation and expenses provided for above shall be allowed and paid out of the county treasury in the usual manner. Whenever the commissioners of insanity issue their warrant for the admission of a person to the hospital, and funds to pay the expenses thereof are needed in advance, they shall estimate the probable expense of conveying such person to the hospital, including the necessary assistance, and not including the compensation allowed the sheriff; and on such estimate, certified by the clerk of commissioners of insanity, the county clerk shall issue his order on the treasurer of the county in favor of the sheriff or other person entrusted with the execution of such warrant; the sheriff or other person executing such warrant shall accompany his return with a statement of the expenses incurred; and the excess or deficiency may be deducted from or added to his compensation, as the case may be; if funds are not so advanced, such expenses shall be certified and paid in the manner above prescribed, on the return of the warrant. When the commissioners of insanity order the return of a patient, compensation and expenses shall be in like manne SEC. 51. [Penalty for neglect of duty.]---` perform any act, as herein provided, and any person ac the provisions of this act, and wilfully refusing or regl
cer required as herein to an appointment under to perform his duty as SEC. 48. Brothers and sisters of insane person not liable for his expenses incurred in insane hospital. 24 Neb. 598, Neither are the children of insane person liable for such maintenance. 25 Neb. 770,
herein prescribed, shall be guilty of a misdemeanor, besides being liable to an action for damages.
SEC. 52. [Warrant of commissioners.]-The warrant of the commission ers of insanity, authorizing the admission of any person to the hospital as a patient, accompanied by a physician's certificate as herein provided, shall operate to shield the superintendent and other officers of the hospital against all liability to prosecution of any kind, on account of the reception and detention of such person in the hospital; Provided, Such detention shall be otherwise, in accordance with the laws and by-laws regulating its management.
SEC. 53. [Seal to be affixed.]-The superintendent shall affix the seal of the hospital to any notice, order of discharge, report, or other paper required to be given by him, or issued.
SEC. 54. [Who are meant by "insane."]-The term "insane," as used in this act, includes every species of insanity or mental derangement. The term "idiot" is restricted to persons supposed to be naturally without mind; no idiot shall hereafter be admitted into the hospital for the insane; and all such idiots now in said hospital shall be discharged at the expiration of thirty days from the passage of this act, and it is hereby made the duty of the board of trustees to notify the commissioners of insanity of the county from which such idiots were sent, to remove said idiots from the hospital; and in case of neglect or refusal to comply with these provisions within thirty (30) days from the date of said notification, the superintendent shall cause said idiots to be returned to said counties at the expense of said county-which sum shall be collected in the same manner as provided for patients in section forty-seven of this act. When such idiots are removed, they shall be provided for in the same manner as other poor.
SEC. 55. [Blanks.]-The trustees of the hospital shall provide for furnishing the commissioners of insanity, of the counties entitled to send patients to the hospital, with such blanks for warrants, certificates, etc., as will enable them with regularity and facility to comply with the provisions of the law, and also with copies of the by-laws of the hospital when printed.
SEC. 56. Chaplain.]-The board of trustees may, if they deem desirable, and upon nomination of the superintendent, appoint a chaplain and prescribe his duties.
SEC. 57. [Insane from other states.]-Insane persons may be admitted from other states and territories upon equal footing and on same conditions as private pay patients. The sum to be paid monthly for the care, maintenance, and treatment of such patients to be fixed from time to time by the board of trustees, and to be collected quarterly in advance by the steward of the hospital and accounted for as other funds in his hands belonging to the state of Nebraska.
SEC. 58. [Salary of superintendent and assistant.]—The salary of the superintendent shall be twenty-five hundred dollars per annum and that of the assistant physician one thousand dollars per annum, to be paid in the same manner as other state officers.
SEC. 59. [Insane asylum at Norfolk.]-That said institution shall be under the charge of the board of public lands and buildings, and the governor shall appoint for said hospital such officers as are required in the hospital for the insane. And it is further provided that the board of public lands and buildings shall adopt such regulations as they may deem expedient in regard to what patients or class of patients shall be admitted to and provided for in the respective hospitals, or from what portion of the state patients, or certain classes of patients may be sent to each or either hospital, and the said board may change such regulations from time to time as they may deem best, and they shall make such publication of these regulations as they may deem necessary for the information of those interested. [1885, § 3, chap. 55.]
SEC. 58. But see sec. 13.
SECS. 59, 60. Other sections of law providing for erection of buildings, letting contracts, etc., being temporary in their nature, are omitted from this volume.
SEC. 60. [Incurable Insane Asylum at Hastings.]-That said institution shall be under the charge of the board of public lands and buildings, and the governor shall appoint for said asylum such officers as may be required in said asylum. It is further provided that the board of public lands and buildings shall adopt such regulations as they may deem expedient for the proper management of an asylum for incurable insane, and the said board may change such regulations from time to time as they may deem best, and they shall make such publications of these regulations as they may deem necessary for the information of those interested. [1887, § 3, chap. 48.]
SEC. 61. [New wings--Appropriation.]—That the sum of sixty thousand ($60,000) dollars be, and the same is, hereby appropriated out of the state general fund for the purpose of erecting for hospital of the incurable insane at Hastings, Nebraska, two wings to the main building, and for furnishing the same fifteen thousand (15,000). dollars. [1891, chap. 32, § 1.]
SEC. 62. [Bids for erection.]—Within thirty (30) days after the taking effect of this act, the board of public lands and buildings shall advertise for fifteen (15) days in at least five (5) daily papers, published in this state, one of which shall be in a daily paper published at Hastings, Nebraska, for bids for the erection and completion of said. wings according to plans and specifications, to be furnished by said board and filed with. the commissioner of public lands and buildings. The entire cost of said work, completed, including operating plans and specifications and superintendence shall not exceed the amount herein appropriated. Each bid shall be accompanied by a good and sufficient bond in the sum of five thousand (5,000) dollars, conditioned, that the bidder to whom the contract shall be awarded, will, within ten (10) days after such award, enter into contract and give the required bond for the completion of the work according to the plans and specifications and detailed drawings. [Id. § 2.]
SEC. 63. [Same.]-On the day advertised for receiving bids, it shall be the duty of said board to open and examine all such bids, and award the contract to the lowest responsible bidder. Provided, That in no case shall any bid be considered in excess of the amount appropriated in section one (1) of this act. Said board shall reserve the right to reject any and all bids, and in case all bids shall be rejected, said board shall again advertise as provided in section two (2) of this act. [Id. § 3.] SEC. 64. [Contractors-Superintendence.]-The contractors shall be required to give bond in the sum of fifty thousand ($50,000) dollars to be approved by the board of public lands and buildings, for the faithful performance of said work, and that all bills for work done, and material furnished shall be paid for; said contractor shall receive pay on monthly estimates made by the superintendent of such work; such superintendent to be appointed by the board of public lands and buildings at compensation not exceeding four ($4.00) dollars per day, or one-half of one per cent. of the contract price of said work. Said superintendent shall be required to give his whole time to the work. [Id. § 4.]
SEC. 65. [Payment.]-Fifteen per cent. (15%) of each estimate shall be retained until the work therein provided for shall be completed and accepted by the board of public lands and buildings.
SEC. 66. [Vouchers.]-The auditor of public accounts is hereby authorized to draw his warrants on the state treasurer for the amount specified in this act whenever the proper vouchers, approved by the board of public lands and buildings, are presented to him for payment. [Id. § 5.]
SECS. 61-66. "An act to provide for two wings to main building of the hospital and for furnishing the same for the incurable insane at Hastings, and to appropriate the necessary funds therefor." [Laws 1891, chap. 32. Took effect April 9. 1891.]
CHAPTER 41.-INSTRUMENTS NEGOTIABLE.
SECTION 1. [Endorsements.]—All bonds, promissory notes, bills of exchange, foreign and inland, drawn for any sum or sums of money certain, and made payable to any person or order, or to any person or assigns, shall be negotiable by endorsement thereon, so as absolutely to transfer and vest the property thereof in each and every endorsee successively, but nothing in this section shall be construed to make negotiable any such bond, note, or bill of exchange, drawn payable to any person or persons alone, and not drawn payable to order, bearer, or assigns; Provided, That all such bonds, promissory notes, and bills of exchange, made payable to bearer, shall be transferable by delivery without endorsment thereon. [R. S. 239. G. S. 426.]
SEC. 2. [Action by endorsee.]-Any endorsee to whom any such bond, note, or bill of exchange, made negotiable by the preceding section, is made payable by such endorsement or endorsements, may, in his own name, institute and maintain an action on such bond, note, or bill, for the recovery of the money due thereon, against the maker, drawer, or obligor, or against the endorsee, having first used due diligence to obtain the money of the drawer, maker, or obligor.
SEC. 3. [Days of grace.]-All notes, bonds, or bills made negotiable by this chapter shall be entitled to three days grace, in the time of payment, and the demand of payment, from the maker, on the third of grace or of acceptance, if the instrument is a sight draft, and notice of non-payment, or non-acceptance thereof to the endorser, within a reasonable time, shall be adjudged due diligence under the provisions of this chapter, unless the endorsement shall express, in writing, other conditions.
SEC. 4. [Defense to suit by endorsee.]-If any such bond, note, or bill of exchange shall be endorsed after the day on which it is made payable, and the endorsee shall institute an action thereon against the maker, drawer, or obligor, the defendant shall be allowed to set up the same defense that he might have done had the same action been instituted in the name and for the use of the person to whom the said note, bond, or bill was originally made payable.
SEC. 5. [Evidence of payment.]-If any such bond, note, or bill of exchange shall be endorsed on or before the day on which the same is made payable, and the endorsee shall institute an action thereon, the defendant may give in evidence at the trial any money actually paid on said bond, note, or bill of exchange, before the same was endorsed or assigned to the plaintiff, on proving that the plaintiff had notice of such payment before such endorsement was made and accepted.
SEC. 6. [Action may be against drawers, makers, or endorsers jointly or severally.]-It shall be lawful for any person or persons having a right to demand any sum of money upon any protested bond, note, or bill of exchange as aforesaid, to commence and prosecute an action for principal, damages, interest, and charges of protest against the drawers, makers, or endorsers, jointly or severally, or against either of them separately. And judgment shall and may be given for such principal, damages, charges, and interest upon such principal, after the rate aforesaid, to the time of such judgment, together with costs of suit.
SEC. 7. [Damages on protest.]-When any bill of exchange shall be drawn for the payment of any such sum of money, and such bill shall be legally protested for non-acceptance or non-payment, the drawer or drawers, endorser or endorsers shall be subject to the payment of twelve per centum damages thereon, if drawn upon any person or persons or body corporate without the jurisdiction of the United States, and six per centum damages thereon, if drawn upon any persons or body corporate within the jurisdiction of the United States, and without the jurisdiction of this state.
CHAP. 41. Chap. XXVII, R. S. 239. Chap. 82, G. S. 426.
SEC. 6. Indorser may be guarantor also. 28 Neb. 500.
SEC. 8. [Days to be observed as holidays.]-That the following days to-wit: the first day of January, February twenty-second, and the twenty-second of April, which shall be known as "Arbor Day," the twenty-fifth day of December, the thirtieth day of May, and July fourth, and any day appointed or recommended by the governor of this state or the president of the United States, as a day of fast or thanks giving, and when any one of these days shall occur on Sunday, then the Monday following, shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and the protesting and giving notice of the dishonor of bills of exchange, bank checks, or promissory notes, made after the passage of this act, be deemed public holidays, and be treated and considered as is the first day of the week, commonly called Sunday; Provided, That when any one of these days shall occur on Monday, any bill of exchange, bank check, or promissory note made after the passage of this act, which but for this act would fall due and be payable on such Monday, shall become due and payable on the day thereafter. [Amended 1885, chap. 56.]
SEC. 9. [Labor day.]-The first Monday in the month of September in each year shall hereafter be known as "Labor Day," and shall be deemed a public holiday in like manner and to the same extent as the holidays provided for in section eight (8) of chapter forty-one (41) of the compiled statutes of 1887. [1889, chap. 92.]
SEC. 8. Where an action in replevin in county court was continued by agreement to a legal holiday, Held, That an order made on that day continuing the case was a nullity. 17 Neb. 700. Section applies alone to commercial paper, except where days named are designated as holidays; and where any of such days fall on Sunday, the suc ceeding Monday is not to be observed as the legal holiday, except so far as it may affect the presentment and demand of commercial paper. 23 Neb. 546. Where a cause is continued to a day on which the court is prohibited from transacting business, continuance will extend to the first day thereafter on which it can transact business. 23 Neb. 546, 734.
SEC. 9. "An act providing for a holiday to be known as 'Labor Day.'" Took effect, July 1, 1889. Laws 1889, chap. 92,