CHAPTER 27.—ESTRAYS.

SEC. 1. [By whom taken up.]-It shall be lawful for any person holding land in this state, by deed, title, bond, or lease, for one or more years, and being in possession thereof, to take up any estray horse, mule, or ass, neat cattle, sheep, or swine, found within his enclosed premises at any season of the year; and any estray found around the premises of any lessee or freeholder between the twentieth day of October and the first day of April, may be taken up by such lessee or freeholder; and any horse, mule, or ass, with any portion of harness attached to them, and any oxen, with yoke, that are believed to have estrayed away from their owners, may be taken up by any person at any time. [R. S, 153. G. S. 368.]

SEC. 2. [Record of description.]-It shall be the duty of any person taking up an estray animal or animals to send a description of the same to a justice of the peace in the precinct where the said estray was taken up, within forty-eight hours thereafter, and said justice of the peace shall record the same in a book kept by him for that purpose, for which he shall receive the sum of twenty-five cents. If said estray or estrays shall not be claimed by the owner thereof within ten days thereafter, a description of the same shall be sent to the county clerk by the party taking up said estray, who shall immediately record the same in a book kept by him for that purpose, for which he shall receive the sum of twenty-five cents. The person taking up the estray shall, within twenty days thereafter, procure the publication of the description of such animal or animals in any newspaper published within the county. [Amended 1889, chap. 51.]

SEC. 3. [Publication.]-The proprietor of such newspaper shall publish said description for at least five consecutive weeks, and shall receive therefor the sum of three dollars; Provided, That if two or more estrays of the same species shall be taken up by the same person at the same time, they shall be included in the same publication; and in such case the aforesaid publisher shall receive no more than for one of such species, except, where the number so described shall exceed three, he shall receive one dollar for each estray beyond that number included in such publication.

SEC. 4. [Owner may reclaim.]-The owner of an estray may, at any time previous to its sale, reclaim the same on proving said property, by oath or otherwise, and paying for the advertisement, and a reasonable compensation for any other necessary expenses incurred by the person taking up said estray.

SEC. 5. [Arbitrators.]-In case the parties cannot agree upon the amount of the expenses incurred, they may each choose a disinterested person to act as arbitrators, and the two chosen may choose a third. The decision of the arbitrators shall be final.

SEC. 6. [Disposition.]-When an estray, if it be a sheep, swine, or calf, under the age of one year, has not been reclaimed within six months after the advertising the same, it shall become the property of the person taking it up, without further proceedings. If the estray be a horse, mule, ass, bull, cow, or steer, over the age of two years, it must be reclaimed within six months from the time it was first advertised. If the estray is an animal over the age of one year, and not over the age of two years, it must be reclaimed within six months from the time it was first advertised. If any estray included in the two last named classes shall not be reclaimed within the time specified respectively, the person taking up the estray shall notify a justice of the peace of the county wherein said estray was taken up, who shall appoint two disinterested persons, and administer to them an oath or affirmation to faithfully and truly appraise said estray, and said persons, upon actual view of said property, shall appraise the same at its true value, and make due return thereof, in writing, to said justice of the peace, who

CHAP. 27. Chap. XVIII, R. S. 153. Chap. 21, G. S. 368. 10 Neb. 497.

shall appoint a day of sale, and cause notice of the time and place of sale to be pub. lished at least five weeks consecutively before the day of sale, in a newspaper printed in said county, and by posting up written or printed notices in three public places in the precinct where the estray is to be sold; and in case there is no newspaper printed in said county, there shall be three additional written or printed notices posted up at the county seat of said county, and on the day appointed said estray shall be sold by said justice to the highest bidder in cash; and the proceeds thereof, after deducting the costs of the proceedings and the expenses of keeping said estray, shall be paid to the county treasurer within ten days after the sale, subject to the order of the owner, provided the owner of said estray shall establish his ownership to the same, to the satisfaction of the county treasurer of said county, within one year from the day of sale; and if said balance is not so claimed within the time so specified, it shall be placed by said treasurer to the credit of the general school fund of said county.

SEC. 7. [Place of sale.]-The place of sale shall be at the residence of the person taking up the estray.

SEC. 8. Price.]-When an estray is sold, it must bring at least two-thirds of the appraised value. In case it does not, the animal shall be re-appraised, and again offered for sale one week after the day appointed for the first sale, and no advertisement shall be necessary for the second sale.

SEC. 9. [No sale, when.]-When the appraisers think that the animal will not bring more than enough to defray the necessary expenses of the sale and advertisement thereof, said sale shall be dispensed with, and the person who took up the animal shall, on the payment of expenses, be the owner thereof.

SEC. 10. [Proceeds of sale.]—The money received from the sale of an estray shall go into the county school fund, all expenses first being paid.

SEC. 11. [Penalties.]-Any person violating section ten of this chapter shall be liable to a fine of not less than twenty dollars nor more than two hundred dollars. SEC. 12. [Appraisal.]-The appraisers of estrays shall estimate the value of the labor, trouble and expense of the person in taking up and keeping an estray-taking into consideration the services rendered by the animal.

SEC. 13. [Fees of appraisers.]—The appraisers of estrays shall receive fifty cents each for each appraisement, but when more than one animal is taken up at any one time by one person, they shall all be appraised as one, and the appraisers shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services the sum of one dollar and fifty cents.

SEC. 14. [Payment of expenses.]--The advertisement, the appraisement, and the services of the justice of the peace shall be paid by the person taking up the estray, and he shall receive the same, with fifty per cent. additional, from the proceeds of the sale of the estray.

SEC. 15. [Gelding.]-If any horse or mule not gelded, two years old or upwards, shall be found running at large, it shall be lawful for any person to take up such horse or mule, and forthwith give notice to the owner or keeper, if he be known to the taker-up, and if the owner or keeper do not appear within three days thereafter, and pay to the said taker-up two dollars as compensation for his trouble, the taker-up shall proceed to advertise said horse or mule, and the same proceedings shall be had in every respect as herein before provided in cases of estray horses or mules; Provided, That the taker-up may, after the expiration of twenty days from the time of advertising, geld, or procure to be gelded, the said horse or mule, which shall be done at the risk and expense of the owner.

SEC. 16. [Death of estray.]-Should any animal taken up as an estray die while in possession of the person taking it up, he shall not be liable for the loss unless its death was the result of mistreatment or wilful neglect.

CHAPTER 27 a.-FEEBLE MINDED CHILDREN.

SECTION. 1 [Establishment.]-That there shall be established in the state of Nebraska an institution to be known and designated as the Nebraska Institution for Feeble Minded Youth. [1885, chap. 52.]

SEC. 2. [Object.]-Besides shelter and protection, the prime object of said institution shall be to provide special means of improvement for that unfortunate portion of the community who were born or by disease have become imbecile or feeble minded, and by a wise and well adapted course of instruction reclaim them from their helpless condition, and, through the development of their intellecutal faculties, fit them as far as possible for usefulness in society. To this end there shall be furnished them such agricultural and mechanical education as they may be capable of receiving.

SEC. 3. [Erection of buildings,]-The board of public lands and buildings shall establish such rules and regulations for the government and the management of the institution, and for securing economy, efficiency, and accountability in all its affairs, as they may deem expedient; they shall, as soon as practicable after the passage of this act, and before the 1st day of July, 1885, take the necessary steps for the erection and furnishing of suitable buildings for said institution. They shall advertise for plans and specifications of said buildings, and upon their adoption shall at once advertise for sealed proposals for the construction of said buildings in accordance with the plans and specifications adopted by them, and shall require bonds for the faithful completion and performance of all work contracted for, as contemplated in this section.

SEC. 4. [Location.]-Said institution shall be located at or near Beatrice, and within two (2) miles of the corporate limits of said city; Provided, That said city of Beatrice, or the citizens thereof, shall donate and convey to the state not less than forty (40) acres of land, near or through which runs a stream of living water sufficient to afford water supply for said institution, said site to be approved by the board of public lands and building.

SEC. 5. [Officers.]-The board shall appoint a superintendent, who shall be a physician, and before entering upon the discharge of his duties shall give bond to the state of Nebraska in the sum of ten thousand (10,000) dollars, with sureties, to the satisfaction of the board, for the faithful performance of his duties. He shall have control of the institution under direction of the board, and in accordance with the rules and regulations by them established. The board shall, upon the nomination of superintendent, appoint a matron, and shall have power to remove either of them for cause. All teachers and other employees shall be appointed by the superintendent, with the advice and consent of the board, and may be discharged by him or by the board. The compensation of all officers and employees of said institution shall be fixed by the board.

SEC. 6. [Record of inmates.]-The superintendent shall keep a record of the name, date of admission, nativity, residence, age, and sex, the condition on admission, date of discharge, together with the result of treatment and training in each individual case during their residence in the institution, and shall make reports to the governor as required by statute. The superintendent shall be chargeable with all property belonging to the institution, and shall keep a complete account of all receipts and disbursements authorized by the board.

SEC. 7. [Admissions.]-All imbecile or feeble minded children and youth between the ages of five (5) and eighteen (18) years, who have been resident of the state for the six months that preceded an application for admission, and who are incapable -of receiving instruction in common schools, shall be entitled to be received into the

CHAP 27. a. "An act to establish and endow an Asylum Home for feeble minded children and adults at or near the city of Beatrice, Nebraska. and making appropriation and levy therefor." Passed and took effect March 5, 1885.

institution, maintained and educated at the expense of the state, if in the judgment of the superintendent the applicant is a suitable person to receive its benefits. Persons of greater age, and those not residents of the state, may be admitted if the capacity of the institution will permit, but for all non-residents or those not resident for the required time a fair rate of compensation shall be paid, to be fixed by the board; no such persons, however, shall be received in the institution to the exclusion or detriment of those for whom it is especially founded.

SEC. 8. [Clothing-Power of county judge.]-Parents, guardians, or those having legal control, sending children or wards to the institution, will be required to provide suitable clothing, and expense of transportation to and from their homes, unless financially unable to do so, in which case, the parents, guardians, or next friend of such children, or any officer of the county or precinct where such children reside, may make application to the county court, and upon a decision by such court that such children are paupers, or are unable to procure suitable clothing or furnish transportation as herein provided, and that they are proper subjects for admission into the institution, an order shall be passed to that effect, and the judge of the county court of the county from which such children are sent shall certify the same to the superintendent of the institution, who shall, if the capacity of the institution will permit, provide necessary clothing and transportation, and charge the same to said county, and present the account to the state auditor, who thereupon shall draw upon the county treasurer of said county for the amount so charged to the county; and the said county shall annually assess and collect by tax the amount necessary to pay said order or orders, and if said county shall fail to do so, the district court in said county shall, on application therefor, compel the same by mandamus. The superintendent shall furnish county judges with blank applications for admission.

SEC. 9. [Appropriation. Obsolete.]

SEC. 10. [Tax.]-In order to create a fund for the support of said institution there is hereby authorized and shall be made an annual tax levy on the taxable property of the state, not to exceed one-eighth (4) of one mill on the dollar; said fund shall be known as "The Fund of the Institution for the Feeble Minded.”

SEC. 11. [Appropriation.]—That the sum of twenty-five thousand ($25,000) dollars be and is hereby appropriated out of any moneys in the general fund of the state for the purpose of erecting and furnishing buildings for the Nebraska institution for feeble minded youth, located near Beatrice, Gage county, Nebraska. The funds shall be expended by and under the direction of the board of public lands and buildings, as follows: Five thousand ($5,000) dollars for the erection of of a kitchen and dining room, and furnishing the same; twenty thousand ($20,000) dollars for the erection of one (1) cottage for inmates and furnishing the same. [1891, chap. 25, § 1.]

SEC. 12. [New buildings-Plans.]-The board shall employ a competent architect to make such general and special plans as may be necessary. The plans to be based upon the future needs of the institution, and to be approved by the board of public lands and buildings and the superintendent of the institution before the contract is let. The expense for making said plans to be paid out of the money appropriated for buildings. Id. § 2.]

SEC. 13. [How erected.]-That the said buildings shall be erected by days works under the direction and supervision of the board of public lands and buildings who are hereby authorized to employ such architects, superintendent, foreman and workmen, as may be necessary. [Id. § 3.]

SEC. 14. [Superintendence.]-The superintendent of the institution is hereby qualified to act with said board in all matters pertaining to the location and arrangement of said improvements and to see that the work is faithfully performed during the absence of the board. He shall approve the estimates of the architect before they are submitted to the board. [Id. § 4.]

SECS. 11-14. "An act to construct and furnish additional buildings at the Nebraska institution for feeble minded youth and making appropriation therefor." [Laws 1891, chap. 25. Took effect Aug. 1, 1891.]

CHAPTER 28.-FEES.

SECTION 1. The salaries and fees of the several officers hereinafter named shall be as follows. [R. S. 157. G. S. 371.]

SEC. 2. [Clerk of the supreme court.]-Docketing each cause, civil or criminal, to be charged in each case but once, seventy-five cents. Issuing summons in error, writ of error, certiorari, writ of injunction or mandate, one dollar. Dismissal, discontinuance, or continuance, twenty-five cents. Entering each cause on the bar and court calendar, fifteen cents. Issuing and docketing execution or order of sale, one dollar. Taking affidavit, twenty-five cents. Filing motion, rule, affidavit, or other paper, ten cents. Issuing attachment and filing motion therefor, seventy-five cents. Indexing each cause, direct and reverse, each docket, ten cents. Entering judgment, decree, or order on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering minute of judgment, decree, or order on the appearance docket, fifteen cents. Making copy of process, pleadings, record, or other paper, or any part thereof, for each ten words, one cent. Entering satisfaction, twenty-five cents. Certificate and seal, fifty cents. Every search where no other services are rendered to which any fee or fees are attached, fifteen cents.

SEC. 3. [Clerk of the district court.]-Docketing each cause, seventy-five cents. Issuing summons, order of arrest, order of attachment, order of replevin, citation, or any mense process, and filing return, fifty cents. Entering voluntary appearance of defendant, twenty-five cents. Taking bail-bond, twenty-five cents. Filing petition, pleading, indictment, or any other paper, ten cents. Issuing attachment and filing motion therefor, seventy-five cents. Entering return of any writ or order, other than of execution, order of sale, or of attachment, twenty cents. Entering each cause on the bar and court calendar of each term of the court, fifteen cents. Indexing each cause, direct and reverse, each docket, ten cents. Drawing petit jurors, and issuing venire therefor, fifty-cents. Attending to the striking of special jury and issuing venire, one dollar. Impaneling jury and administering oath, twenty-five cents. Certifying to the county commissioners, at the end of each term, the names of grand and petit jurors, and their terms of service and mileage, to be paid by the county, one dollar and fifty cents. Issuing subpoena and seal, twenty-five cents. Swearing and entering appearance of each witness, fifteen cents. Entering judgment on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering verdict on the journal, twenty-five cents. Transcribing judgment or order on appearance docket, twenty cents. Drawing and issuing venire for grand jury, and impaneling the same, to be paid by the county, one dollar and twenty-five cents. Dismissal, discontinuance, or continuance, twenty-five cents. Taxing costs, each cause, thirty-three cents. Making complete record, for each ten words, one cent. Copy of process, pleadings, record, or paper filed, or any part thereof, for every ten words, one cent. Certificate and seal, twenty-five cents. Filing and entering petition for habeas corpus, twenty-five cents. Issuing writ of habeas corpus, one dollar. Issuing and docketing execution or order of sale, seventyfive cents. Entering return of execution, order of sale, or order of attachment, for each ten words, one cent. Indexing execution or order of sale, direct and reverse, each docket, ten cents. Taking acknowledgment of deed or other instrument, fifty cents. Taking affidavit, except those required to pleading, forty-five cents. Each certificate or seal not herein provided for, twenty-five cents. Entering satisfaction of judgment, twenty-five cents. Every search made by the clerk, where no other service is rendered to which any fee or fees are attached, fifteen cents. Entering mandate and proceedings of supreme court, twenty-five cents. Entering transcript of judgment of justice of the peace, forty

CHAP. 28. Chap. 19, R. S. 157. G. S. 371.