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of competent jurisdiction, and it shall be the duty of district attorneys to prosecute such violations of this act at the expense of the respective counties wherein said act is violated.
SEC. 5. All telegraph companies and associations ope- Manner of rating telegraph lines in this state shall transmit and for- dispatches. ward all dispatches directed to newspapers, or private individuals, or public officers, with impartiality, in the order in which they are received, and use due diligence in their delivery without discrimination as to any person or party to whom they may be directed.
patch or di
tents of it.
SEC. 6. Every officer or employee of any telegraph Delaying discompany or association engaged in the transmission of dispatches who shall willfully delay the transmission or delivery of any dispatch, or divulge the contents of any dispatch entrusted to his or her care, to any person except the party entitled to receive the same, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine of not less than fifty ($50.00) nor more than one hundred ($100) dollars for each offense, or imprisonment of not less than thirty days nor more than three months in the county jail at the discretion of the court.
SEC. 7. It shall be unlawful for any telegraph company, its agents, or operators, to demand, charge, or receive from any individual, association, or corporation, a greater sum for the transmission and delivery of any telegram or message over a given distance than it demands, charges, or receives for the transmission and delivery of any telegram or message containing an equal number of words over a greater distance, providing that dispatches transmitted during the night and dispatches for publication in newspapers may be forwarded and delivered at reduced rates; such rates must, however, be uniform to all patrons for the same service..
SEC. 8. It shall be unlawful for any telegraph company, association, or organization engaged in the business criminations.
of forwarding dispatches by telegraph, to demand, collect, or receive from any publisher or proprietor of a newspaper any greater sum for a given service than it demands, charges, or collects from the publisher or proprietor of any other newspaper for a like service, and the violation of the provisions of sections seven and eight of this act by any telegraph company or association shall constitute a misdemeanor, and upon conviction said telegraph company or association shall be fined for each and every offense in any sum not less than one hundred ($100) nor more than one thousand ($1,000) dollars with cost of prosecution, and in addition thereto such telegraph company or association shall be liable for all damages sustained by the person or parties in consequence of such discrimination.
SEC. 9. Every telegraph company and every press assowith newspa- ciation engaged in the transmission, collection, distribution, or publication of dispatches, shall afford the same and equal facilities to all publishers of newspapers, and furnish the dispatches collected by them for publication in any given locality to all newspapers there published on the same conditions as to payment and delivery.
Penalty for refusing to receive or transmit.
SEC. 10. Any press association, corporation, or organi-* zation violating the foregoing section shall be deemed guilty of a misdemeanor, and upon conviction shall, for each and every offense, be fined in any sum not less than one hundred ($100) nor more than one thousand ($1000) dollars, and in addition thereto such association and the members thereof shall be jointly and severally liable for all damages sustained by the owner of any newspaper in consequence of such discrimination.
SEC. 11. If any telegraph company, association, or organization engaged in the transmission of telegraph dispatches from any place in this state, or the person having the control or management thereof, refuse to receive dispatches from any person, corporation, or any other tele
graph company, or to transmit the same with fidelity and without unreasonable delay, it shall be guilty of a misdeand upon conviction shall be fined for each and every offense in the sum of not less than fifty ($50) nor more than one hundred ($100) dollars, and in addition be liable for damages to the person or corporation sustaining a loss by reason of such refusal or failure to so transmit.
SEC. 12. Any telegraph company engaged in the transmission of telegraphic dispatches is hereby declared to be and mistakes. liable for the non-delivery of dispatches entrusted to its care, and for all mistakes in transmitting messages made by any person in its employ, and for all damages resulting from a failure to perform any other duty required by law, and any such telegraph company shall not be exempted from any such liability by reason of any clause, condition, or agreement contained in its printed blanks.
fusing to re
SEC. 13. In all cases where application is made to any Penalty for retelegraph company, or the operator, agent, clerk, or servant ceive. thereof, to send a dispatch, it shall be the duty of such operator, agent, or clerk, who may receive dispatches at that station, plainly to inform the applicant, and if required by him to write upon the dispatch that the line is not in working order, or that the dispatches already on hand for transmission will occupy the line, so that the dispatch offered cannot be transmitted within the time required, if the facts be so; and for omitting so to do, or for intentionally giving false information to the applicant in relation to the time within which the dispatch offered may be sent, such operator, agent or clerk, and the company by which he is employed, shall incur alike penalty as in section eleven of this act,
SEC. 14. This act shall take effect and be in force from and after the first day of July, A.D. 1883.
Approved February 24th, A.D. 1883.
To take effect.
Weight of bushel of articles.
AN ACT to amend section 5, chapter 94, Compiled Statutes, entitled " Weights and Measures."
Be it enacted by the Legislature of the State of Nebraska:
SECTION 1. That section 5 of chapter 83, General Statutes, entitled "Weights and Measures," be amended to read as follows:
SEC. 5. A bushel of each of the articles enumerated in this section shall consist of the number of pounds respectively affixed to each, viz.:
Apples, dried, per bushel......
SEC. 2. Section five of chapter 94, Compiled Statutes
of the State of Nebraska, as now existing, is hereby re- 28, Gen. Stat.,
Approved February 27th, A.D. 1883.
1077, Rev. Stat 391.
AN ACT to amend section 1030 of the code of civil procedure.
Be it enacted by the Legislature of the State of Nebraska:
SECTION 1. Exceptions to the opinion of the justice in Exceptions. cases under this chapter upon questions of law and evidence may be taken by either party, whether tried by a jury or otherwise; or either party may appeal from the judgment rendered by such justice by giving bond, with two responsible sureties, to be approved by the justice, conditioned: If the plaintiff appeals to satisfy the final judgment and costs; if the defendant appeals to satisfy the final judgment