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across said ferry; and if any person having obtained a license as aforesaid shall fail or neglect to perform the duties herein enjoined, or any of them, the person so offending shall forfeit and pay for every such offense a sum not exceeding five dollars, to be recovered before any justice of the peace of the proper county, at the suit of any person prosecuting for and making due proof of such failure or neglect; and if any keeper of a ferry as aforesaid shall demand or receive a higher rate or sum for ferriages than shall be allowed by the board of county commissioners of the county wherein such ferry is kept, the person so offending shall forfeit and pay for every such offense a fine not exceeding ten dollars, recoverable before any justice of the peace of the proper county by any person making due proof thereof, to be disposed of as hereinafter provided.
SEC. 7. [Release from penalties.]-Should the county commissioners refuse to renew the license of a ferryman, he shall be exonerated from the penalties of this chapter by paying into the county treasury, previous to any prosecution having been commenced against him, such sum for the time which may have elapsed between the expiration of his license and the next session of the board of county commissioners as shall bear a rateable proportion to the amount charged for the previous year.
SEC. 8. [Rates of ferriage.]-The board of county commissioners, at the same time they grant a license to keep a ferry, shall also fix the rate of ferriages which the ferry keeper may demand and receive for the transportation of persons and property; and it shall be the duty of the clerk of the board of said county commissioners to furnish every person taking out a license to keep a ferry, with a list of the rate of ferriages, which list the ferry keeper shall post at the door of his ferry-house or in some conspicuous place convenient to said ferry.
SEC. 9. [List to be handed grand jury.]—Every county clerk shall, on the first day of the term of the district court, deliver to the grand jury an accurate list of all persons holding license within his county; and it shall be the duty of the judge to give this chapter in charge to the grand jury, whose duty it shall be to make inquiry and give information of any violation thereof, except in cases where jurisdiction is given to justices of the peace.
SEC. 10. [Unauthorized ferries.]-If any person shall keep a ferry without being duly authorized, the person so offending shall forfeit and pay a sum not exceeding fifty dollars, to be recovered by indictment.
SEC. 11. [Neglect of officers.]-If any justice of the peace or other officer shall neglect or fail to comply with the requisitions of this chapter, the person so offending shall forfeit and pay for every such offense a sum not exceeding fifty dollars, at the discretion of any court of competent jurisdiction before whom the same may be recovered, for the use of the county.
SEC. 12. [Suits how brought.]-All actions or suits brought under the provisions of this chapter shall be in the name of the state of Nebraska, and the court taking cognizance thereof shall keep a record of all fines and forfeitures recovered under the same; and sheriffs, constables, and other officers shall pay all moneys, within thirty days after receiving the same, into the county treasury. Justices of the peace and clerks of courts before whom any fine is recovered shall present an accurate account thereof to the county clerk, on or before the first Monday of July annually; and it shall be the duty of the county clerk to inform against and prosecute all offenders against this statute, especially such offenses as are cognizable before justices of the peace.
SEC. 13. [Vested rights.]-Nothing herein contained shall be so construed as to conflict or interfere with any vested right heretofore acquired or secured under any law of this state.
SEC. 14. [Foot passengers.]-It shall be unlawful for any person or persons, ferry or transfer company, engaged in ferrying or transferring persons across any river
SECS. 14-15. "An act to limit the amount of ferriage to be charged for ferrying footmen." Laws 1871, 121 Took effect April 1, 1871.
in this state, or any river forming the boundary line thereof, to charge, demand of, or receive from any footman, or foot passengers, more than ten cents for any such ferriage or transfer across any of said rivers. [1871, § 1, 123.]
SEC. 15. [Penalty.]-If any person or persons, or company engaged in the business aforesaid, shall demand, charge, or receive a greater sum than ten cents for such transfer, such person or persons or company shall incur a penalty of ten dollars for such offense, which penalty may be collected by civil action before a justice of the peace whenever service of process can be made; one-half of the said penalty shall be for the use of the plaintiff in any such action, and the other half shall be paid to the county treasurer, and constitute a part of the school fund of such county. [Id. § 2.]
CHAPTER 30.-FIRE COMPANIES.
SECTION 1. [Exemption from jury duty.]—-All members in good standing in any fire company or hook and ladder company in this state, and all persons who have been members of such company in good standing for five consecutive years in the state of Nebraska, shall be exempt from serving upon grand and petit juries, of justice of the peace courts of this state, and from militia duty in time of peace, and from the assessment of any poll tax. [1867, 12 Sess. Ter., 16. Amended 1873, G. S. 390.]
SEC. 2. [Number of members.]—No fire company shall have upon its rolls at one time more than seventy-five persons, and no hook and ladder company shall have upon its rolls at any one time more than fifty members; and the foreman and secretary of every such company shail, on the first days of April and October in each year, file in the office of the clerk of the district court in and for the respective counties a certified copy of the rolls of their respective companies, so as to obtain for the members thereof the privilege of the exemption herein named; Provided, That no organization shall be deemed to be a bona fide fire or hook and ladder company until it shall have procured for active service apparatus for the extinguishment or prevention of fires, in case of a fire company to the value of $1,500, and of a hook and ladder company to the value of $500.
SEC. 3. [Dues.]-Members in good standing are hereby defined to be those who keep their dues promptly paid up, and are present and render active service when called out for the legitimate purposes of their organization.
SEC. 4. [Exemption from execution.]-That all fire engines, hose, hose carriages, ladders, buckets, and all vehicles, machinery, and appliances of every kind used or kept by incorporate cities, villages, or fire companies for the purpose of extinguishing fire be and the same is hereby exempt from execution and sale to satisfy any debt, judgment, or decree arising upon contract or otherwise; Provided, That the provisions of this act shall not affect any voluntary lien created by bill of sale, mortgage, or otherwise, on such property, by the proper owner; Provided further, That the provisions of this act shall not apply to, or in any way affect the remedy upon any contract now existing, or judgment rendered upon any contract in any court of this state. [1869, § 1, 17.]
CHAP. 30 SECS. 1-3.
Took effect Feb. 18, 1867.
"An act to exempt firemen from jury, militia, and road duty." 12 Sess. Ter., 1867, 16. SEC. 4. "An act to exempt from sale on execution property used and kept to extinguish fires." Laws 1869. 17. Took effect Jan. 22, 1869.
SECTION 1. [Fish commissioner-Appointment.]-That the governor shall nominate, and by and with the advice and consent of the senate appoint three resident citizens of the state of Nebraska, who shall constitute a board of fish commissioners, who shall hold such office for the term of three years from the date of such appointment and until the appointment of their successors; Provided, That the persons first appointed under this act shall hold such office one, two, and three years, respectively, whose respective terms of office shall be designated in such appointment, and thereafter the governor shall in like manner fill all vacancies in said board during the remainder of the term. [1879, § 1, 154.]
SEC. 2. [Same-Government.]-The board may adopt by-laws for its government not inconsistent with the laws of the state. The person whose unexpired term of office is the shortest shall preside at the business meetings of the board. In the determination of all questions by the board, two members must concur.
SEC. 3. [Compensation-Expenses.]-The members of the board shail receive no compensation for services performed, but they shall be reimbursed actual and necessary expenses incurred in the discharge of the duties of the commission, not to exceed the sum of $500 in any one year, out of money appropriated for that purpose.
SEC. 4. [Powers-Duties.]-The board shall have the entire charge and supervision of all public waters pertaining to the collection, propagation, cultivation, distribution, and protection of fish in this state. It shall have control of all property of the state obtained or held for the purposes contemplated by this act. It shall receive all fish and fish spawn donated to the state by the United States fishery commission, or from other sources or persons, or purchased by the state. It may establish hatching boxes, etc., for the preservation and hatching of spawn and fry, and in the most practical and economical manner procure and distribute fish in the public waters of this state, and adopt such other means as shall, in its judgment, best promote the increase and preservation of food fishes.
SEC. 5. [Same.]-The commissioners may take or cause to be taken, under the direction of the board, any fish at any time for the purpose of fish culture or for scientific observation. They shall give special attention to the enforcement of the laws of the state relative to the protection of fish and fisheries in the state.
SEC. 6. [Report to governor.]-The board shall annually, on or before the first day of January in each year, report its transactions, with an account in detail of all its receipts and expenditures, to the governor, also of all spawn and fish taken or received and distributed, giving time, place, and sources from which received, and such other matters as appertain to the fishery interests of the state.
CHAP. 31. "An act creating a board of fish commissioners for the propagation and distribution of fish in tha public waters of Nebraska." Laws 1879, 154.
FRAUDULENT CONVEYANCES AND CONTRACTS RELATIVE TO REAL ESTATE.
SECTION 1. [When void.]-Every conveyance of, or charge upon, any estate or interest in lands, or the rents and profits thereof, made or created with intent to defraud prior or subsequent purchasers for a valuable consideration, shall, as against - such purchasers, be void. [R. S. 292. G. S. 391.]
SEC. 2. [Subsequent purchaser.]-No such conveyance or charge shall be deemed fraudulent, in favor of a subsequent purchaser, who shall have actual or legal notice thereof at the time of his purchase, unless it shall appear that the grantor in such conveyance, or person to be benefited by such charge, was privy to the fraud intended.
SEC. 3. [Conveyance to be in writing.]-No estate or interest in land, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, or surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same.
SEC. 4. [Wills and trusts.]-The preceding section shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law.
SEC. 5. [Lease.]-Every contract for the leasing, for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum thereof, be in writing, and signed by the party by whom the lease or sale is to be made.
SEC. 6. (Specific performance.]-Nothing in this chapter contained shall b construed to abridge the powers of the court of chancery to compel the specific performance of agreements in cases of part performance.
FRAUDULENT CONVEYANCES AND CONTRACTS RELATIVE TO GOODS, CHATTELS, AND THINGS IN ACTION.
SEC. 7. [When void.]-All deeds of gift, all conveyance, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for
SEC. 1. Statute does not render contract void, but voidable. 8 Neb. 114. 11 Id. 227. Exempt property not susceptible of fraudulent alienation. 8 Neb. 174. 10 Id. 117. 13 Id. 403. Bona fide purchasers for valuable consideration without notice protected. 6 Neb. 99. But one who purchases with notice, though for a valuable consideration, is not bona fide. Id.; 11 Id, 328. Fraudulent intent must have been participated in or at least known to the purchaser; 9 Neb. 47. 13 Id. 514. 22 Id. 814. But where purchaser has notice of fraudulent intent, he is not bona fide. 1. Neb. 514. 15 Id. 404. 12 Id. 456. 22 Id. 814. Burden of proof on purchaser. 15 Neb. 289. 19 Id. 47. Debtor cannot mortgage all his property to preferred creditor. 46 N. W. R. 923. 47 Id. 192.
SEC. 3. Parol testimony inadmissible to prove surrender of leased premises. 7 Neb. 75. Payment of a small portion of purchase money is not such part performance as takes the contract out of the statute. 1 Neb. 53. 17 Id. 58. 20 Id. 50. Whether payment of considerable portion sufficient, quaere. 13 Neb. 306. Part performance by the vendor, including delivery of possession and full performance by the vendee, will take the case out of the statute. 10 Neb. 138. Verbal contract for purchase of real property with payment of a portion of purchase price and actual possession, would constitute a valid contract not within the statute. 25 Neb. 94. Third party purchasing from vendor while first vendee is in possession takes property subject to his rights. Id. Parol agreements held not within the statute. 9 Neb. 384. Under this section acknowledgment and record of deed not necessary to pass title. 12 Neb. 155. Statute no defense in action to recover price of land conveyed. 12 Neb. 634. 14 Id. 177. Authority of agent to sell must be in writing unless there is subsequent ratification of his acts. 14 Neb. 292. Memorandum of contract which contains names of the parties, description of property, price, and refers to ten year terms of the seller as the terms of sale, is sufficient. Memorandum signed by agent in his own name binding on principal. 15 Neb. 131. Agreement need only be signed by him to be charged. 12 Neb. 552. 17 Id. 679. Express trust cannot be raised by parol. 19 Neb. 440. Memorandum as evidenced by letters passing between parties, Held, Sufficient to take case out of the statute. 16 Neb. 238. Where order for goods is entire, the acceptance of part of the goods takes case out of the statute. 16 Neb. 402. Direct promise of agent, who is in possession of goods of an insolvent debtor in satisfaction of a debt of his principal, to pay the claim of another against such debtor, if he will not disturb him in the possession of such goods, is not a promise to answer for the debt of another and need not be in writing. 24 Neb. 655. Parol agreement to convey does not create express trust. 3 Neb. 61. 19 Id. 433. 20 Id. 347. 47 N. W. R. 1045. Trust may be created by written contract. 46 Id. 632. Contemporaneous oral agreement of conditions. 46 Id. 639. 1 Id. 542. Oral 23
SEC. 5. Contracts of agents. 3 Neb. 213. 17 Id. 124. Leases. 13 Neb. 6. 15 Id. 170. ceptance of an option to purchase contained in a lease, Held, Sufficient under the statute. 25 Neb. 517. Contract
of sale. 11 Id. 196. 20 Id. 662.
Part performance, deposit of building material. 46 N. W. R. 632.