CHAPTER 66.-PATENT RIGHTS.

[This chapter declared unconstitutional. 14 Neb. 134.

CHAPTER 67.-PAUPERS.

SECTION 1. [Support by relatives.]-Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy, or other unavoidable cause, shall be supported by the father, grand-father, mother, grand-mother, children, grand-children, brothers, or sisters of such poor person, if they or either of them be of sufficient ability; and every person who shall refuse to support his or her father, grand-father, mother, grand-mother, child, or grand-child, sister, or brother, when directed by the county commissioners of the county where such poor person shall be found, whether such relative shall reside in the same county or not, shall forfeit and pay to the county commissioners, for the use of the poor of their county, such sum as may be by the county commissioners adjudged adequate and proper to be paid, not exceeding ten dollars per week for each and every week for which they or either of them shall fail or refuse, to be recovered in the name of the county commissioners, for the use of the poor aforesaid, before a justice of the peace or any other court having jurisdiction: Provided, That whenever any persons become paupers from intemperance or any other bad conduct, they shall not be entitled to support from any relative except parent or child; And, provided further, That such poor person entitled to support from any such relative, may bring an action against such relative for support, in his or her own name and behalf. [R. S. 274; G. S. 510. Amended 1883, chap. LX.]

SEC. 2. [Same.]-The children shall first be called upon to support parents, if there be children of sufficient ability, and if there be none of sufficient ability the parents of such person shall next be called upon, and if there be no parents nor children, the brothers and sisters shall be next called upon, and if there be no brothers nor sisters, the grandchildren of such poor person shall next be called on, and then the grandparents; Provided, Married females, while they live with their husbands, shall not be liable to a suit for maintenance beyond the interest or incomes of the estate of such married female held in her own right. [Id.]

SEC. 3. [County relief.]-When any such poor person shall not have any such relatives in any county in this state as are named in the preceding sections, or if such relatives shall not be of sufficient ability, or shall refuse to maintain such pauper, then the said pauper shall receive such relief as his or her case may require, out of the county treasury, in the manner hereinafter provided.

SEC. 4. [Justices-Overseers-Physician.]-The justices of the peace in each precinct shall be and they are hereby made overseers of the poor and are vested with the entire and exclusive superintendence of the poor in their respective precincts, excepting in cases of corporate towns or cities to which such superintendence and jurisdiction shall be by law granted; Provided, That the county commissioners of the several counties may employ a physician by the year to furnish such medical service as may be required by the poor of their county, excepting incorporate towns or cities as herein provided; Provided, also, That the salary of such county physician shall not exceed two hundred dollars in any one year. [Amended 1875, 89.]

SEC. 5. [Overseer's duties-Custodian-Bond.]-It shall be the duty of said overseers of the poor, within their respective precincts, to provide for all such persons as are unable to earn a livelihood in consequence of any bodily infirmity, idiocy,

CHAP. 67. R. S. 274; G. S. 510. County liable for services of physician employed by overseer of poor. 16 Neb. 7. Action by pauper against liquor seller. 18 Neb. 44. Chapter has no reference to the support and care of insane persons confined in the public hospital without charge. 24 Neb. 599. 25 Id. 770. County not liable for medical attendance on non-resident pauper where the services were rendered without any solicitation or direction from any person having authority to create an indebtedness against the county. 23 Neb. 721.

or other unavoidable cause, the necessaries of life, and in their discretion may confide such poor persons to some moral and discreet householder or householders in the county, of sufficient ability to provide for them. Every person to whom the care of any such poor person shall be entrusted, shall execute a bond to the county in which such poor person shall reside, conditioned that he or she will treat such poor person with humanity, and afford to him or her the necessary comforts of life fitted to his or her condition; said bond shall set forth the sum to be paid by said county for keeping such poor person.

SEC. 6. [Overseer's report.]-Said overseers shall, at each regular session of the board of county commissioners, make a full report of their actings and doings under this chapter, and return a list of all the poor within their respective precincts, specifying the age, sex, and infirmities of each

SEC. 7. [Overseer's expenses.]-Upon making such report, it shall be the duty of the county commissioners to issue their warrants or drafts on the treasurer, for the payment of the expense necessarily incurred by the overseers of the poor in supporting such poor person.

SEC. 8. [Custodian-Bond increased.]-Any sum set forth in the bond executed to any county as aforesaid, may be lessened or increased at the discretion of the commissioners of said county. without affecting the validity of said bond.

SEC. 9. [Custodian-Removal.]-The county commissioners may, at any regular meeting, remove any poor person from the custody of any person or persons to whose care the overseers may have committed the keeping of such poor persons, without subjecting the overseers, or the county, to any claim for damages.

SEC. 10. [Same-Labor.]-The overseers in fixing the amount to be paid for the keeping of any poor person, shall take into consideration the ability of the poor person to labor.

SEC. 11. [Pauper-Where chargeable.]—Any person becoming chargeable as a pauper, in this state, shall be chargeable as such pauper in the county in which he or she resided at the commencement of the thirty days immediately preceding such person becoming so chargeable.

SEC. 12. [Non-resident.]—If any person shall become chargeable in any county in which he or she did not reside at the commencement of the thirty days immediately preceding his or her becoming so chargeable, he or she shall be duly taken care of by the proper authority of the county where he or she may be found; and it shall be the duty of the clerk of the county commissioners to send a notice by mail to the clerk of the county commissioners of the county in which such pauper resided, as before stated, that such person has become chargeable as a pauper, and requesting the authorities of said county to remove the said pauper forthwith, and to pay the expense accrued in taking care of him or her.

SEC. 13. [Same.]-If said pauper, by reason of sickness or disease, or by neglect of the authorities of the county in which he or she resides, or for any other sufficient cause, cannot be removed, then the county taking charge of such individual may sue for, and recover from the county to which said individual belongs, the amount expended for and in behalf of such pauper, and in taking care of the same.

SEC. 14. [Non-resident taken sick.]-Whenever any non-resident, or any other person not coming within the definition of a pauper, shall fall sick in any county in this state, not having money or property to pay his or her board, nursing, and mediical aid, it shall be the duty of the overseers of the poor of the precinct where such person shall be to furnish such assistance to such person as they shall deem necessary ; and if any such person shall die, said overseers shall provide all necessary means for a decent burial of such person.

SEC. 15. [Residence explained.]-The term "residence," mentioned in this chapter, shall be taken and considered to mean the actual residence of the party or the place where he or she was employed; or in case he or she was in no employment, then it shall be considered and held the place where he or she made it his or her home

SEC. 16. [Importing paupers-Penalty.]—If any person shall bring or leave any pauper or paupers in any county in this state, wherein such pauper is not lawfully settled, knowing him or them to be paupers, he shall forfeit and pay the sum of one hundred dollars for every such offense, to be sued for and recovered by and to the use of such county, before any justice of the peace, in the proper county.

SEC. 17. [Poor houses-Establishment.]-The county commissioners in each county are authorized, whenever they shall see fit so to do, to establish a poor house.

SEC. 18. [Site.]-The county commissioners are hereby authorized to take to the county, by grant, devise, or purchase, any tract of land not exceeding six hundred and forty acres, for the purposes of said poor house.

SEC. 19. [Donations-Taxes.]-Said commissioners are hereby empowered to receive donations to aid in the establishment of such poor house, and also empowered from time to time, as they shall see fit, to levy and collect a tax, not exceeding one per cent. on the taxable property in the county, and to appropriate the same to the purchase of land, not exceeding the aforesaid six hundred and forty acres, and to erect and furnish buildings suitable for a poor house, and to put in operation and to defray the actual expenses of said poor house, should the labor of the inmates be inadequate

thereto.

SEC. 20. [Agents.]-Said county commissioners are hereby authorized to appoint and employ such agents and other persons as may be necessary to establish and put into operation such poor house.

SEC. 21. [Overseers discontinued.]-Whenever the county commissioners of any county shall enter upon their records, that they have established a poor house, and that said poor house is ready for the reception of the poor of said county, then the authority conferred upon the overseers of the poor shall cease to be in force in said county; Provided, however, That if there be any particular case or cases which the court should deem prudent to put out under the provisions of this chapter, they may do so, making a proper entry of the circumstances upon their records.

SEC. 22. [Title to poor house.]-The title of the property authorized to be acquired by this chapter for the purpose of said poor house shall be made to the county. SEC. 23. [Poor house and farm-Appropriations.]-The county commissioners of any county in this state may, at any regular meeting, if they at any time shall deem it to the interest of said county, appropriate out of any fund appropriated to said county for any purpose, or other money belonging to said county, any sum not exceeding two thousand five hundred dollars, for the purpose of purchasing a farm, and erecting thereon suitable buildings for a poor house for said county, as contemplated in sections seventeen, eighteen, and nineteen of this chapter.

SEC. 24. [Clothing for inmates of institutions.]-That whenever any person who may be an inmate of the Nebraska state institute for the deaf and dumb or any other public charitable institution shall be unable to provide suitable clothing for himself or herself, and shall have no parent or legal guardian able and legally bound so to do, it shall be the duty of the county commissioners of the county where such person last resided, before entering or applying for admission into such institution, to adjudge and declare such person a pauper, and thereupon the proper officers of such institution shall provide suitable clothing for such person, and send the bill thereof to the aforesaid county commissioners, who shall forthwith audit and allow the same and cause a warrant therefor to be drawn upon the general fund of such county in favor of said officers of such institution. [1875, § 1, 177.]

SEC. 23. In the execution of this power the commissioners cannot give promissory notes secured by mortgage in payment of the poor farm. 2 Neb. 183. Where county board invite and accept bids for poor farm, vendors may enforce specific performance of contract against county. 19 Neb. 725.

SEC. 24. "An act providing for furnishing clothing to certain inmates of public charitable institutions." Laws 1876, 177. Took effect Feb. 24, 1875.

CHAPTER 68.-PRINTING.

SECTION 1. [State board.]-The auditor of public accounts, state treasurer. and secretary of state shall constitute a state printing board, and shall have general supervision over the matter of state printing, in the manner provided by this act. [1883. chap. LXI.]

SEC. 2. [Contracts let.]-The printing of all bills for the legislature, with such matters as may be ordered by either house thereof, to be printed in bill form, shall be let in one contract. The printing and binding of the senate and house journals shall be let in another contract. The printing and binding of reports of state officers authorized by law to be printed, and all other reports and documents ordered by the legislature, except such as enter into and form a part of the journals, shall be let in another contract. The printing and binding of the laws, joint resolutions, and memorials enacted by the legislature shall be let in another contract. And the printing and binding of all blanks, blank books, and circulars required to be furnished by the officers of the executive department of the state shall be let in another contract.

SEC. 3. [Same.]-The contracts for printing of bills and reports of state officers shall be let on the second Tuesday in December for a period of two years following. The contract for the publication of laws and journals of each regular and special session shall be let within twenty days after the final adjournment of such session. The contract for the furnishing of blanks, blank books, and circulars shall be let within thirty days after the adjournment of each regular session of the legislature, for the period of two years following.

SEC. 4. [Same-Advertisements.]-Immediately after the adjournment of any regular or special session of the legislature, the board shall advertise in five news papers of general circulation, printed in the state, for proposals for printing of laws and journals of such session, and twenty days prior to the time fixed in the preceding section for the letting of other contracts shall similarly advertise for proposals for the letting of such other contracts. The advertisements shall briefly refer to said letting, stating the number of copies of the different kinds of work, the style and size thereof, the quality of paper and binding required, and samples of the same, and that copy of work to be done may be seen at the office of the secretary of state. The advertisement shall also state that the board reserves the right to reject any and all bids.

SEC. 5. [Duty of board.]-It shall be the duty of the board to decide on the kind, style, and form, the amount of printed matter on a page, the kind and quality of paper, the size of type, the quality and style of binding, and all materials necessary for the publication of the laws, journals, reports of state officers, and bills, and also place samples and copy of work to be done of the same on exhibition in the office of the secretary of state, and all bids and contracts shall strictly conform thereto. Each bid shall state what the bidder is willing to do the work complete [for], including composition, paper, press work, stitching, binding, lettering, and all material entering into the work required.

SEC. 6. [Contracts for books and blanks.]-Within twenty days after adjournment of each regular session of the legislature, the officers in any department of the government, whose expenditures in any one year exceed the sum of one hundred dollars ($100), for blanks, blank books, or circulars, including revenue books and blanks, shall file with the secretary of state samples of the kinds and styles of work, with the number of copies of blank books, and number of quires of blanks required of each sample and within ten days thereafter the furnishing of the same shall be let by

CHAP. 68, "An act to establish a printing law for the state of Nebraska, and to repeal an act entitled 'An ast to provide for state printing,' approved June 18, 1867. Took effect Dec. 1, 1884. Laws 1883, Chap. LXI.

contract under the direction of the board in the same manner as the other contracts herein provided for are let.

SEC. 7. [Proposals-Bond.]-The proposal or bid for any of the contracts aforesaid shall not be considered unless the same shall be accompanied by a bond in the sum of five thousand dollars ($5000), with two or more sureties, that in case the party proposing for any such contract shall be awarded the same such party will, within five days after the award to him of such contract enter into bonds for the faithful performance

thereof.

SEC. 8. [Bonds by contractor.]-It shall be the duty of the secretary of state to give immediate notice to the successful bidder that his proposal has been accepted, and each successful bidder shall in five days thereafter enter into bonds to the state in the sum of not less than twice the amount of the contract price for each and every contract so awarded to him, with at least two good and sufficient sureties, to be approved by said board, conditioned for the faithful performance, pursuant to this act, of that contract for which he has been adjudged the successful bidder; and if he fail to so give bond within the time allowed, then the contract shall be given to the next lowest bidder who will give bond as aforesaid, or the board may in their discretion advertise anew and relet the contract in the manner hereinbefore provided.

SEC. 9. [Proof sheets.]-Each contractor under the provisions of this act, shall furnish the proper officer with proof sheets in page form of any work required to be done under his contract, and immediately upon the completion thereof shall deliver the same without expense to the secretary of state, who shall deliver the work to the officer entitled thereto.

SEC. 10. [Duty of attorney general.]-It shall be the duty of the attorney general to draw all contracts let under the provisions of this act, and each contract shall be signed by the members of the said board and the party to whom such contract has been awarded; and said contract and the bonds as hereinbefore provided for shall be filed in the office of secretary of state. In case of the non-performance of any contract by the contractor, whereby the state is damaged, and in case any successful bidder shall fail to enter into bond as heretofore provided, it shall be the duty of the attorney general, when so directed by the board, to bring suit upon the proper bond and contract for the recovery of any damage that the state may have sustained by reason thereof.

SEC. 11. [Payment of accounts.]-Upon the completion of each contract or any particular job of work required under any of the provisions of this act, payment therefor shall be made to the proper contractor at the contract price upon vouchers certified to as "correct" by the printing board, in the same manner that other accounts against the state are paid, out of any funds appropriated for that purpose by the legis lature.

SEC. 12. [Contract for printing bills.]—The contractor for the printing of bills or any matter printed in bill form shall promptly and without unnecessary delay execute all orders of the legislature, or either house thereof, for such printing, and for each failure to complete said printing within three days after receiving the order for the same the contractor shall forfeit and pay a penalty of twenty-five dollars, to be deducted from his account on settlement; and all contractors, under the provisions of this act, shall without unnecessary delay execute all orders issued to them by the printing board, and the contractor for printing and binding the laws shall deliver the same to the secretary of state within sixty days after the adjournment of each session of the legislature; and the contractor for printing and binding of the journals shall delivor the same to the secretary of state within ninety days after receiving the copy thereof.

SEC. 13. [Copy of laws and journals.]-The secretary of state shall furnish a true and accurate copy of the laws and journals as they may be demanded by the printer thereof, and the clerks of the respective branches of the legislature shall each furnish to the printer, who is bound by his contract to print the same, copies of