CHAPTER 49.-LIBRARIES.

SECTION. 1. [Establishment-Taxes.]-The city or town council of each incorporated city or town shall have power to establish and maintain a public library and reading room for use of the inhabitants of such city or town, and may levy a tax of not more than one mill on the dollar annually, to be levied and collected in like manner as other taxes of said city or town, and to be known as the library fund. [1877, § 1, 150.]

SEC. 2. [Directors.]-When any city or town council shall have decided by ordinance to establish and maintain a public library and reading room under this act, they shall elect a library board of nine directors, to be chosen from the citizens at large, of which board neither the mayor or any member of the city or town council shall be a member. Such directors, first elected, shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years, from the first day of July following their appointment, and three directors shall be chosen annually thereafter, and in cases of vacancies by resignation, removal, or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as a member of such board, and such directors shall give such bond as the council may require.

SEC. 3. [Same-Powers-Duties.]-Such directors shall, immediately after their appointment, meet and organize, by electing one of their number president and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations for their own guidance, and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city or town council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting or construction of any library building, the supervision, care, and custody of the grounds, rooms, or buildings, constructed, leased, or set apart for that purpose.

SEC. 4. [Funds.]-Any tax levied or collected, or funds donated thereto, shall be kept for the use of such library separate and apart from other funds of said city or town, and shall be drawn upon by the proper officers upon the authenticated vouchers of the library board, and shall not be used or disbursed for any other purpose.

SEC. 5. [Board-Powers-Rules.]—The library board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate building, for the use of such library; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appointments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation, and to maintain its usefulness and efficiency, and to fix and impose by general rules, penalties, and forfeitures, for trespasses, or injury upon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

SEC. 6. [Library free.]—Every library and reading room established under this act, shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulations as the library board may adopt to render said library and reading room of the greatest use to the inhabitants of said city or town, and the board may exclude from the use of the library and reading rooms, any person

CHAP. 49. "A bill for an act to authorize towns and cities to establish and maintain free public libraries and "reading rooms." Laws 1877, 150. Took effect June 1, 1877.

who shall wilfully violate or refuse to comply with rules and regulations established for the government thereof.

SEC. 7. [Report of board.]—The library board shall, on or before the second Monday in June in each year, make a report to the city or town council, of the condition of their trust on the first day of June in such year, showing all moneys received or expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department; the number of books and periodicals ordered by purchase, gift, or obtained during the year, and the number lost or missing; the number of visitors attending; the number of and character of books loaned or issued, with such statistics, information, and suggestions, as they may deem. of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board.

SEC. 8. [Regulations amended.]-Any by-law or regulation established by the library board, may be amended or annulled by the council of said city or town.

SEC. 9. [Penalties, how recovered.]-Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before the police judge, or any justice of the peace, or other court having jurisdiction; such action to be instituted in the name of the "library board of the city or town library," and moneys collected in such action shall be forthwith placed in the city treasury to the credit of the library fund.

SEC. 10. [Donations.]-Any person may make any donation of money or lands for the benefit of such library, and the title to property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of such city or

town.

SEC. 11. [Exemptions.]-The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property.

SEC. 12. [Deposits of reading matter by owners.]-The library board shall have power to authorize any circulating library, reading matter, or work of art, of any private person, association, or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation, or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked, and kept upon shelves apart from the books of the public city or town library, and every such private or associate library, or other property so deposited in any public library, while so placed or remaining shall be subject to use and reading within the library room without charge by any person, an inhabitant of said city or town, and entitled to the use of the free library.

CHAPTER 50.-LIQUORS.

SECTION 1. [Petition to county board.]—The county board of each county may grant license for the sale of malt, spirituous and vinous liquors, if deemed expedient, upon the application by petition of a majority of the resident free holders of the town. if the county is under township organization, and if not under township organization. then a majority of the resident freeholders of the precinct where the sale of such liquor is proposed to take place, setting forth that the applicant is a man of respectable character and standing and a resident of this state, and praying that license may be issued to him. Such application to be filed in the office of the county clerk and upon the payment into the county treasury of such sum as the board may require, not less than five hundred ($500) dollars for each license, and upon the compliance with the provisions of this act; Provided, Such board shall not have power to issue any license for the sale of any liquors in any city or incorporated village or within two miles of the same. Provided, In counties having one hundred and fifty thousand (150,000) inhabitants the county commissioners may also issue licenses within two (2) miles of any city in said county. [1881, chap. 61. 1891, chap. 34.]

СНАР. 50. General view of the law considered. 19 Neb. 207. Legislature has power to regulate sale and to fix price of license. 7 Id. 381. Business may be carried on by agent. 11 Id. 372. Assignee liable to indictment although city council had authorized, and clerk had issued an original license (in form). 11 Id. 372. Ordinance closing saloon at 10 P.M., Held, Valid. 14 Id. 25. Law applies to druggists. 11 Id. 190. Sale by druggists: general rule. 17 Id. 417. Failure of defendant to claim as a licensed druggist, Held, For the purpose of that trial to be an admission that none existed. 17 Id. 415. Business can only be carried on under ordinances duly passed. 11 Id. 523. Bond running to municipality instead of to the state, Held, Good. 19 Id. 324. Filing of bond with clerk and issuing license is sufficient approval, and binding on sureties. Id. Recitals in bond binding on sureties. Id. Surety signing bonds of two or more dealers is liable on each. Id. Law constitutional; former privileges revoked. 11 Id. 572, 576. Indictment for obstructing "view of saloon with ground glass." 15 Id. 406. Punishment for sale of, on Sunday; indictment lies. 15 Id. 474. Selling liquor on Sunday; date of transaction not material ingredient of offense. 16 Id. 660. Wholesale dealers are not exempt from the provisions of liquor law. 17 Id. 317. Each act of selling under sec. 11, is an offense punishable by indictment. Indictment charging selling, etc., of all liquors named in section with a continuando, Held, Bad. 16 Id. 491. Names of persons to whom liquor was sold, if known, should be alleged in indictment, or fact of their being unknown averred; not necessary to allege price at which liquor was sold. 16 Id. 608. Liability of liquor seller for sale to individual drinker. 20 Id. 557. Petition to recover damages in case stated, Held, Sufficient. Id. Submission of prohibitory and high license amendment to constitution. 25 Id. 876. Sale in violation of law: several distinct offenses may be joined in same indictment and separate sentence passed upon each count upon which defendant is found guilty. 25 Id. 584. Authority to issue licenses invested in commissioners for portions of county outside of cities and towns; inside, city and town officers have authority. 5 Id. 313. License money accruing in towns and cities belongs to school fund of county. 5 Id. 308. Rule changed by constitution of 1875, and money belongs exclusively to cities in which collected. 8 Id. 31, 161. 9 Id. 351. Cities of second class may impose an occupation tax in addition to tax for license to sell liquors. 19 Id. 203. Fines, penalties and license moneys which arise under general laws of the state belong to county school fund. 14 Id. 479. All license money imposed as a condition of obtaining a license and not as a tax, belongs to the school fund. 17 Id. 219. Exaction of license fee an exercise of power of taxation. 5 Id. 516. Contra 7 Id. 380. 11 Id. 566. Applicant for license entitled to receive it for unexpired term for which he had previously paid, on credit of his former payment, first license being void. 12 Id. 471. Money deposited for license is property of applicant until license issues. 6 Id. 15. Money deposited for license cannot be garnished where applicant is selling under license issued. 13 Id. 407. License not assignable. 11 Id. 372. License no protection from liabilty for damages. 9 Id. 308, 315. Appeal by remonstrants from order granting license must be taken as soon as transcript can be prepared; appeal not perfected in sixty days, Held, Too late; license issued after reasonable time to take appeal has elapsed, but before same is taken, is valid, notwithstanding notice of intention to appeal. 13 Id. 13. Treasurer not liable for license money paid on facts stated. 15 Id. 501. Refunding license money when license is canceled. Id. Applicant not required to take out second license under facts stated. 6 Id. 110. Officers have discretion in issuance of license, and their ac tion cannot be controlled by mandamus. 12 Id. 56. Remonstrance; duty of board to set a day and hear testimony and render decision thereon. 20 Id. 521. If license board refuse to review testimony in support of a remonstrace, district court on appeal will remand cause for that purpose. Id. 522. Provisions of statute relative to hearing of remonstrance against issuance of license are mandatory. 18 Id. 433. 19 Id. 169. 20 Id. 472. License board have no authority to issue license without appointing a time for hearing of remonstrances filed, and investigating the same. 24 Id. 612. License issued without complying with law will be recalled and canceled. Id. Section 3, construed; words used are words of limitation only to extent of limiting discretionary power of board to grant and issue such license to cases where neither of objections named in statute are shown to exist. Id. Where remonstrance to issuance of license is filed, and upon hearing license is granted, and appeal from such decision taken by remonstrants, it is the duty of licensing board to withhold license until expiration of time for appeal to be perfected; and if license be issued, to recall same until hearing on appeal is determined. 24 Id. 519. Appeal under Sec. 4, is in no sense a proceeding in error, but an appeal requiring a decision upon merits of the case. Id. Upon application for mandamns to compel appointment of time for hearing of remonstrance no defense to allege, BOT will court inquire as to the falsity of facts alleged in remonstrance; sufficient if one is filed. 18 Id. 434. Filing remonstrance in office of village clerk is a good filing. 19 Id. 169. Remonstrance may be filed at any time before license is granted. Id. 169. Duty of board to appoint day for hearing; time fixed so as to give opportunity to subpoena witnesses; petition indispensible condition precedent. 20 Id. 472. Authorities have no right to take action on license until after applicant publishes notice. 21 Id. 495. Notice in case stated, examined, and Held, Insufficient. Id. Where holder of license was convicted of violation of law pertaining to sale of liquors, in a police court, and the fact of such conviction was duly certified by police judge to mayor and council, it was Held, First. That mayor and council were authorized and required to revoke license. Second. That no notice to licensee of such proposed action was necessary. Third. That such revocation could be declared by resolution, and that passage of an ordinance was not necessary. 23 Id. 376. In such case, where resolution directed marshal to notify licensee that license had been revoked by mayor and council, there could be no presumption that mayor was not

SEC. 2. [Notice of application.]-No action shall be taken upon said appli cation until at least two weeks notice of the filing of the same has been given by publication in a newspaper published in said county, having the largest circulation therein, or if no newspaper is published in said county, by posting written or printed notices of said application in five of the most public places in the town, precinct, village, or city in which the business is to be conducted, when, if there be no objections in writ ing made and filed to the issuance of said license, and the county board is in session, and all other provisions of this chapter have been fully complied with, it may be granted.

SEC. 3. [Remonstrance.]-If there be any objection, protest, or remonstrance filed in the office where the application is made against the issuance of said license, the county board shall appoint a day for hearing of said case, and if it shall be satisfactorily proven that the applicant for license has been guilty of the violation of any of the provisions of this act within the space of one year, or if any former license shall have been revoked for any misdemeanor against the laws of this state, then the board shall refuse to issue such license.

SEC. 4. [Hearing-Appeal.]-On the hearing of any case arising under the provisions of the last two sections, any party interested shall have process to compel the attendance of witnesses who shall have the same compensation, as now provided by law in the district court, to be paid by the party calling said witnesses. The testimony on said hearing shall be reduced to writing and filed in the office of application, and if any party feels himself aggrieved by the decision in said case he may appeal therefrom to the district court, and said testimony shall be transmitted to said district court and such appeal shall be decided by the judge of such court upon said evidence alone.

present at such meeting, it being his official duty to preside at all meetings of council. Id. Board should refuse to issue license to applicant guilty of violation of law during the preceding year. 25 Id. 608. Member of board signing petition for license is barred from sitting on the board and acting upon such petition. 25 Id. 609, 734. Action by married woman and children against liquor seller; joint liability of persons selling; damages caused by death of husband; Carlisle tables of expectancy; exemplary damages not allowed. 9 Id. 311-315. 13 Id. 414. Each person furnishing the means of intoxication is liable severally and jointly, for legal damages resulting from such Intoxication, whether it be the first or last glass. 15 Id. 561. 18 Id. 52. Not necessary to recovery that death or damages should be natural and logical result of the act of furnishing the liquor, or that the traffic of the seller should be the proximate cause. Id. 52. One who sells or gives away intoxicating drink, which is drank by the bayer or recipient on or about the time of intoxication complained.of, is liable for damages sustained. 15 Id. 150, 561. 17 Id. 416. 19 Id. 190 21 Id. 34. Liability of liquor seller for sale to individual drinker. 20 Id. 557. Action may be maintained by married woman, for damages sustained by her by reason of her money being spent by her husband for intoxicating liquors, or squandered by him while intoxicated, or in saloon of liquor seller. 23 Id. 674. A married woman is not only entitled to services of her husband as a means of support, but also, as between herself and a vendor of intoxicating liquors, to proceeds of his labor for such purpose. Id. A married woman brought her action against keeper of saloon for damages resulting from a loss of support by the intoxication of her husband, and for the sum of one thousand dollars belonging to her individual estate. The verdict was a finding in favor of plaintiff upon both issues, with an award of damages assessed at one dollar. It was Held, That the verdict could not be sustained Id. 676. Liability of liquor sellers for damages resulting from their traffic; liability of principal and sureties on license bonds; liability of sureties; action by married woman for loss of support for herself and children maintainable in her own name or jointly with her children. 23 Id. 157. Action by wife against saloon keepers to recover damages for loss of means of support caused by sale of liquors to her husband; verdict sustained. 21 Id. 135. Evidence; instruction to jury; "beer" an intoxicating liquor. 15 Id. 150. In case stated, Held, Not error to allow wife to testify as to amount necessary to support the family. 17 Id. 414. General rule requiring a person suffering an injury to make all reasonable exertions to protect himself, etc., not applicable to action by married woman for loss of means of support caused by wrongful sale of liquor to her husband. Id. 416. Action against saloon keepers as partners does not abate by death of one member of the firm. 13 Id. 411. On petition against saloon keepers, petition contained twelve counts and evidence uncontradicted tended to sustain two counts, Held, That verdict for defendants was against weight of evidence, 13 Id. 435. Sale of, may be proved by circumstantial evidence. Id. 434. Evidence must show that defendant sold or gave liquor, and that such liquors were intoxicating. Id. Sale may be proved by circumstantial evidence; assertion by bartender that liquor was not intoxicating, not availing. 21 Id. 437. Presumption where evidence shows that person went into saloon sober and came out intoxicated; instructions to jury. 21 Id. 437. 25 Id. 590. In case stated, damages. Held, Excessive, and leave given to remit. 21 Id. 437. In action by wife and her minor children against saloon keepers, for loss of support from intoxication of husband and father, caused by liquor alleged to have been furnished by saloon keepers, there was proof of distinct sales by said saloon keepers of intoxicating liquors to said husband and father during period stated in petition, and also of his continuous intoxication during that period, and of his remaining in and near said saloons, Held, That testimony introduced by saloon keepers, that they had refused to furnish him intoxicating liquors, without disproving the particular acta testified to by the witnesses of the plaintiff, did not warrant a verdict for the defendants. 23 Id. 551. Proof of the sale of intoxicating liquors may be shown by circumstances, and such circumstances may be sufficient to overcome the positive testimony of witnesses. Id. Civil action lies to recover penalty. 12 Id. 540. Action for loss of means of support; persons furnishing liquor liable; injury to wife's health by overwork not proper element of damage. 15. Id. 562. Action under Sec. 15; recovery of costs in case stated. 16 Id. 113. An action maintainable in Iowa under Sec. 1550, Iowa Code, 1873, to recover back money paid for liquors, is maintainable here or allowable as a set-off; and bringing action or pleading same as set off, is a sufficient demand for repayment. 16 Id. 477. Pauper dependant for support on relative may maintain action for loss of such support against liquor seller selling liquor which caused death of such relative. 18 Id. 46. Joint defendants entitled to no more peremptory challenges than where action is against a single defendant. Id. 49. Allegations of petition in action by wife and and minor children against saloon keeper for loss of means of support examined and Held, Good. 19 Id. 184. Verdict Held, Excessive, and plaintiffs allowed to file remittitur. Id. 190. Bond on appeal from order granting or refusing license, not required. 24 Id. 519. Price of liquor not recoverable by unlicensed vendor. 27 Id. 158. License issued pending appeal should be revoked. 24 Id. 517. 27 Id. 476. 48 N. W. R. 476. Selling by authorized agent. 46 N. W. R. 621. Sale of beer by car load to be shipped into state. 46 N. W. R. 286.

SEC. 5. [License-Form.]-The license shall state the time for which it is granted, which shall not exceed one year, the place where the liquor is to be sold, and shall not be transferable; and any license granted under this chapter may be revoked by the authority issuing the same whenever the person licenced shall, upon due proof made, be convicted of a violation of any of the provisions of this act. The license shall be in the following form, as near as practicable:

STATE OF NEBRASKA, County of

-88. To all who shall see these presents: Know ye, that having on the- day of A. D. 18-, filed his petition and bond according to law and paid into the treasury the sum imposed on him as a vendor of malt, spirituous, and vinous liquors, therefore the said is hereby authorized to sell malt, spirituous, and vinous liquors at months ending the — day of A. D. 18-. have affixed the seal of said Clerk.

In testimony whereof, I,

this [SEAL]

day of

for

clerk of

A. D. 18

SEC. 6. [Bond.]-No person shall be licensed to sell malt, spirituous, or vinous liquors, by any county board, or the authorities of any city or village, unless he shall first give bond in the penal sum of five thousand ($5,000) dollars, payable to the state of Nebraska, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the board who may be authorized to issue the license, conditioned that he will not violate any of the provisions of this act; and that he will pay all damages, fines, and penalties and forfeitures which may be adjudged against him under the provisions of this act. The board taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person licensed, or by his agent or

servant.

SEC. 7. [Surety.]-No person who is holden as the principal or surety upon any bond given under the provisions of the preceding section, shall be permitted to become a surety upon any other bond of like character.

SEC. 8. [Selling to minors, etc.]-Every person licensed as herein provided, who shall give or sell any malt, spirituous, and vinous liquors, or any intoxicating drinks to any minor, apprentice, or servant, under twenty-one years of age, shall forfeit and pay for each offense the sum of twenty-five dollars.

his

SEC. 9. [Misrepresenting age.]-Any minor, apprentice, or servant, who shall for the purpose of evading the provisions of the preceding section, falsely represent age, shall be deemed guilty of misdemeanor and fined for each and every offense not exceeding twenty dollars, or imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the court.

SEC. 10. [Selling to Indian, insane, or drunkard.]—Every person so licensed who shall sell any intoxicating liquors to any Indian, insane person, or idiot, or habitual drunkard, shall forfeit and pay for each offense the sum of fifty dollars.

SEC. 11. [Disposing without license.]-All persons who shall sell or give away, upon any pretext, malt, spirituous, or vinous liquors, or any intoxicating drinks, without having first complied with the provisions of this act, and obtained a license as herein set forth, shall for each offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not to exceed one month in the county jail, and shall be liable in all respects to the public and to individuals, the same as he would have been had he given bonds and obtained license as herein provided ; Provided, That any person or persons shall be allowed to sell wine made from grapes grown or raised by said person or persons, on land belonging to or occupied by said person or persons in the state of Nebraska, the same to be sold in quantities not less than one gallon, without procuring the license provided for in this chapter, [Amended 1883, chap. LI.]

SEC. 5. Fee must be paid before issuance. 47 N. W. R. 418.

SEC. 10. See chap. 37 b.

SEC. 11.

Giving away should be on a pretext. 27 Neb. 601. Name of vendee should be alleged. 46 N. W. E.