would go to waste, the laborers, mechanics, and furnishers thereto, or any of them, may at their election, proceed with the same at their own cost, so far as to enclose such build. ing, and thereby prevent such waste, provided such work so done after such suspension shall be according to the contract and plan of the owner or owners.

SEC. 6. [Defective title-Lease.]-If the person or persons who may erect, as owner or owners, any building described in first section of this chapter, be not, at the suspension or completion of the same, possessed of a legal but equitable title to the ground on which the same is erected (if the same be a fixture), and the fact of such de fect of title be made to appear to the court before any judgment or judgments under this chapter may have been obtained, or if the same be returned by any legal officer to whom any execution under this chapter shall be directed, in either case the court shall direct the officer who has returned or is authorized by law to serve such executions, to rent or lease such buildings until the rents or issues thereof shall pay and satisfy the several liens on which judgments may be had against the same; Provided, This law shall not be so construed as to interfere with prior bona fide liens, on grounds on which such buildings shall be erected as a fixture.

SEC. 7. [Lease of premises by order of court.]-In all other cases of judgment or judgments obtained in favor of any lien holder or lien holders, if the property bound by such lien will not sell on execution as provided by law in other cases having been once duly offered, the court before whom such judgment or judgments may be obtained may direct the officer aforesaid to lease the same in the same manner and for the same purpose pointed out in the preceding section, and the officer giving such lease shall therein require the payment to be made to him or his successors in office, which said successor or successors shall have the same power and perform the same duties therein as the maker of the lease should or could do; and in cases where the money may be collected by said officer on a lease made, it, under this chapter, shall be his duty to forthwith pay the same into the court where the judgment or judgments were obtained, which money shall be distributed to the several lien holders interested in said judgment, in proportion to their several demands.

SEC. 8. [Lien how discharged.]-All liens may be discharged by the pay. ment of debt or judgment with all legal costs before the property on which liens attach be sold or leased under this chapter, and if any lien holder or lien holders, after the same be duly tendered him or them, shall proceed at law or shall refuse to give a due discharge from such lien, then such lien holder or holders shall forfeit all liens and pay all cost.

SEC. 9. [Owner beyond process.]-If the owner or owners of the property which is subject to a lien under this chapter be without the reach of process, or resident without the state, any lien holders may proceed by attachment against the same as in other cases, and the court before whom such attachment is pending on the entry of judg ment, on return of the proper officer, shall have the same power to order a lease as is given in the seventh (7) and eighth (8) sections of this chapter.

SEC. 10. [Rights of executors.]-Executors and administrators under this chapter shall have the same rights and be subject to the same liabilities that their testators or intestate would or might have if living.

SEC. 11. [Fees of county clerk.]-The county clerks, for filing and recording contracts and accounts under this chapter, shall be paid the same fees that they are legally entitled to in other cases, and the cost of filing and recording such statement or contracts and accounts shall be recovered as part of the costs of enforcing the lien, unless the court shall otherwise order..

SEC. 12. [Release of lien-Penalty.]-Each and every person in favor of whom any such lien has existed after having received satisfaction of his debt, or after final judgment against him by a competent tribunal, showing that nothing is due by

SEC. 7. If a party is prevented from making the account by the wrongful act of the one for whom the labo performed, he will not lose his lien. 3 Neb. 451.

reason of such claims, shall, at the request of any person interested in the property on which the same was a lien, or who is interested in having the lien removed, or if his or their legal representatives lodge a certificate with said clerk that said debt is satisfied and said lien removed, which said certificate shall be filed and recorded by the clerk on the margin of the record in the same manner that releases of mortgages are now by law required to be recorded, and when so recorded shall forever discharge and release said lien, and if such person, having received such satisfaction as aforesaid, by himself or attorney, or judgment having been rendered against him as aforesaid, shall not, within ten days after request in writing, lodge a notice in writing with the clerk, as is prescribed in this section, he or they neglecting or refusing to do so shall forfeit and pay to the party or parties so agreed any sum of money not exceeding one-half the debt claimed as a lien on such property according to the circumstances of the case, to be recovered by civil action, and the party lodging such certificate shall pay to the county clerk the costs of filing and recording the same.

SEC. 13. [Insurance.]-Any lien holder under this chapter who may deem himself in danger of loss or damage by fire, may notify in writing the owner or agent of property subject to such lien to insure the same in reasonable amount against such loss or damage; and if he shall fail or refuse to do so for the space of ten days, then the person or persons having such lien or liens may insure such property in an amount not to exceed two-thirds of the total amount of their liens, and may recover such proportion of the premium paid therefor, as the court shall deem just and proper as part of the costs of enforcing such lien.

SEC. 14. [Remedy not exclusive.]—Any person who shall hold a lien under the provisions of this chapter may, in addition to the remedy herein provided for, proceed by a petition in chancery as in other cases of liens against the owner or owners of, and all other persons interested, either as lien holders or otherwise, in any such house, mill or manufactory, or other building or appurtenance, in the first section of this chapter mentioned, and the lot or lots of land, on which the same shall stand, and obtain such final decree therein for the rent or sale thereof, as justice and equity may require, anything in this chapter to the contrary notwithstanding.

SEC. 15. [Repealed chap. 42, G. S. 466, and all other acts and parts of acts in conflict with this act.]

ARTICLE II.-LABORERS' LIEN.

SECTION 1. [Liability of company-Notice of claim.]—That whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons who are or any company which is a contractor on such railroad, canal, viaduct, or bridge, or against any person or persons who are sub-contractors with any person or persons or company contracting with any such railroad, bridge, viaduct or ditching company for the construction of any part of such railroad, bridge, canal, viaduct or ditch of any such company, every such railroad, canal, bridge or ditch company shall be liable to pay such laborer the amount of such claim or demand with ten per cent. interest thereon; Provided, Such laborer shall have given notice within sixty days after the last item of labor shall have been performed, that he or she has such claim or demand. Such notice shall be given in writing and shall specify the peculiar nature

SEC. 14. In an action to foreclose a lien it being alleged that M, out of material furnished by plaintiff erected the building on a lot belonging to L., held by M. under lease, where no summons was served on M., Held, The court had no jurisdiction to render a judgment against L. & M. and ordering a sale of the premises. 9 Neb. 536. A person who has sold his interest in the premises is not a necessary party to the foreclosure. 3 Neb.

450.

ART. II. "An act to make railroad, canal, bridge, and ditching companies, and companies and persons responsible for material furnished and labor performed in the construction, repair, or improvement of any such works, and to secure the laborer and material man a lien for his material furnished and labor performed." Approved March 3. Took effect June 1, 1881. Is constitutional.

and amount of the claim or demand, and shall be delivered to the president or vice president, superintendent, agent or the managing director or chief engineer, of any such company, or to the engineer in charge of that portion of the work, or any portion of the railroad, canal, viaduct, bridge or ditch upon which such labor is performed. [1881, § 1, chap. 60.]

SEC. 2. [Lien.]-And when material shall have been furnished, or labor performed in the construction, repair and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such labor and material, man, contractor or sub-contractor shall have a lien therefor, and the said lien therefor shall extend and attach to the erections, excavations, embankments, bridges, road bed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which including the right of way, shall constitute the excavation, erection or improvement provided for and mentioned in this act. [Id. § 2.]

SEC. 3. [Statement of claim-Filing - Continuance of lien.]— Every person, whether contractor, or sub-contractor, or laborer or material man who wishes to avail himself of the provisions of the foregoing section, shall file with the clerk of the county in which the building, erection, excavation, or other similar improvement, to be charged with the lien is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of the property to be charged with the lien and verified by affidavit, such verified statement or account must be filed by a principal contractor within ninety days, and by a sub-contractor within sixty days, from the date on which the last of the material shall have been furnished, or the last of the labor is performed; but a failure or omission to file the same within the periods last aforesaid, shall not defeat the lien, except against purchasers or incumbrances in good faith without notice, whose rights accrued after the thirty or ninety days, as the case may be, and before any claims for the lien was filed; Provided, That when a lien is claimed upon a railway, the sub-contractor shall have sixty days from the last day of the month in which said labor was done or material furnished within which to file his claim therefor; and, Provided further, That when any such material is furnished or work done in any unorganized county in this state, such statement of the demand due, verified as aforesaid, may be filed in any county in this state into or through which any such railroad or canal may run, or in the organized counties lying next nearest east of the county where said work was done or material furnished. Provided further, That such lien shall continue for the period of two years, and that any person holding such lien may proceed to obtain a judgment for the amount. of his account thereon by civil action; and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied. [Id. § 3.]

LIENS ON PUBLIC BUILDINGS.

SEC. 4. [Duties of officers letting contracts.]—It shall be the duty of the board of public lands and buildings, boards of county commissioners, the contracting board of officers of all cities and villages and all public boards now or hereafter empowered by law to enter into a contract for the erecting and finishing, or the repairing of any public building, bridge or other public structure to which the general provisions of the mechanics' lien laws do not apply and where mechanics and laborers have no lien to secure the payment of their wages, to take from the person or corporation to whom the contract is awarded a bond with at least two good and sufficient sureties conditioned for the payment of all laborers and mechanics for labor that shall be performed in the erecting, furnishing or repairing of the building or in performing the contract

Sec. 3. Account must be filed with register of deeds. 46 N. W. R. 223. SEC. 4. "An act entitled an act to secure the payment of mechanics' and buildings where the provisions of the general mechanics' lien laws do not apply." 1889, Chap. 28.

laborers' wages on all public Took effect July 1, 1889. Laws

said bud shall be to the board awarding the contract; and no contract shall be entered into by such board until the bond herein provided for has been filed with and approved by said board. The said bond shall be safely kept by the board making the contract and may be sued on by any person entitled to the benefit of this act. The action shall be in the name of the party claiming the benefit of this act. [1889, chap. 28.]

CHAPTER 55.-MEDICINE.

SECTION 1. [Board of health.]-There shall be established in the State of Nebraska a board to be styled the State Board of Health. Said board shall consist of the Governor, Attorney General and Superintendent of Public Instruction and the Governor shall be ex-officio chairman of said board. [1891, chap. 35, § 1.]

SEC. 2. [Meetings.]-Said board shall meet upon the call of the Governor and within thirty days after the approval of this act and shall meet thereafter as often and at such times as the Governor may from time to time designate. [Id. § 2.]

SEC. 3. [Secretaries.]—Said board shall within sixty days after the approval of this act appoint four secretaries who shall be graduated physicians of at least seven years consecutive practice and who shall be at the time of their appointment actually engaged in practice in the State of Nebraska; one of whom shall be appointed for the term of one year, one for the term of two years, one for the term of three years and one for the term of four years, and thereafter it shall be the duty of said board to appoint or reappoint one secretary every year as the term of those theretofore appointed shall expire, but each secretary shall continue in office until his successor shall have been so appointed. Said appointments shall be made so, that of said secretaries two shall be physicians of the so-called regular school, one of the socalled electic school, and one of the so-called homeopathic school. [Id. § 3.]

SEC. 4. [Same-Powers-Duties.]-Said secretaries shall have power, and it shall be their duty to assist and advise said board in the performance of its duties as prescribed by this act, to summon witnesses and take testimony in the same manner as witnesses are summoned and depositions taken under the Code of Civil Procedure, and to report said testimony to the board together with their findings of fact and recommendations on all matters coming before said board requiring evidence for their determination except as hereinafter provided. [Id. § 4.]

SEC. 5. [Same-Certificates.]-It shall be the duty of said board to see that all the provisions of this act are strictly enforced, to grant certificates as herein provided, and to cause to be prosecuted all violations of this act. Said board shall have and use a common seal and may make and adopt all necessary rules, regulations and by-laws not inconsistent with the constitution and law of this state or of the United States to enable it to perform its duties and transact its business under the provisions of this act. [Id. § 5.]

SEC. 6. [Quorum.]—A majority of said board shall constitute a quorum for the transaction of business. [Id. § 6.]

SEC. 7. [Who may practice.]-It shall be unlawful for any person to practice medicine, surgery or obstetrics or any of the branches thereof, in this state without having first having obtained and registered the certificate provided for by this act; and no person shall be entitled to the certificate herein provided for unless he shall be a graduate of a legally chartered medical school or college in good standing; said qualifications to be determined by the board. Provided, however, that nothing in this act shall be construed to prevent physicians residing in other states from visiting patients in consultation with resident physicians who have complied herewith. [Id. § 7.]

SEC. 8. [Medical school defined.]—The term medical school or college in good standing shall be defined as follows: a medical school or college requiring a preliminary examination for admission to its courses of study, and which requires as requisite for the granting the degree of M. D. attendance on at least three courses of lectures of six months each, notwo of said courses to be held within one year, and having a full faculty of professors in all the different branches of medical education, to-wit: anatomy, physiology, chemistry, toxocology, pathology, hygiene, materia medica, therapeutics, obstetrics, gynecology, principal and practice of medicine, and surgery, and clinical instruction in the last two named. Provided, that this three year clause shall not apply to degrees granted prior to July, 1891. [Ld. § 8.]

SEC. 9. [Diplomas.]-It shall be the duty of all persons intending to practice medicine, surgery, or obstetrics in the state of Nebraska before beginning the practice thereof, in any branch thereof, to present his diploma to said board together with his affidavit that he is the lawful possessor of the same, that he has attended the full course of study required for the degree of M. D. and that he is the person therein named. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand

CHAP. 55, Secs, 1-19. "An act to establish a State Board of Health to regulate the practice of medicine in the State of Nebraska, and to repeal sections one (1) to eleven (11) inclusive, of chapter fifty-five (55) of Compiled Statutes of Nebraska, entitled "An act to regulate the practice of medicine, approved March 3rd 1881, and amended in 1883 and all other acts inconsistent herewith, and provide a penalty for the violation of this act.' Laws 1891, chap. 35. Took effect Aug. 1, 1891.