CH. 66, 67

PATENT RIGHTS-PAUPERS.

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, grandfather, mother, grandmother, 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, grandfather, mother, grandmother, child, or grandchild, 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 commissioner 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 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 grand parents; 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-Physicians.]-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, 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 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, specifiying 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 pay. ment of the expenses necessarily incurred by the overseers of the poor in supporting such poor person.

7.

CHAP. 67. R. S. 274; G. S. 510. County liable for services of physician employed by overseer of poor. 16 Neb. 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 at tendance 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.

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SEC. 29. [Violation of act-Penalty.]-Any person who shall for the space of twenty days fail, neglect, or refuse to comply with any of the provisions of this act, shall, on conviction thereof, be fined in any sum not exceeding one thousand dollars and any fine so adjudged against any member of any association may be collected by execution from the property of such association. [Id. § 3.] SEC. 30. [Took effect Sept. 1, 1875.]

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, grandfather, mother, grandmother, 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, grandfather, mother, grandmother, child, or grandchild, 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 commissioner 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 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 grand parents; 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-Physicians.]—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, 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 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, specifiying 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 pay. ment of the expenses necessarily incurred by the overseers of the poor in supporting such poor person.

CHAP. 67. R. 8. 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.

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 commisioners 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 medical 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 establised a poor house, and that said poor bouse 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.

SEO. 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 warrant therefor to be drawn upon the general fund of such county in favor of said officers of such institution. [1875, § 1, 177.]

CHAPTER 67a.-POULTRY ASSOCIATION.

SECTION 1. [Legalization.]—That the regularly organized and incorporated society known as the Nebraska State Poultry Association whose articles of incorporation are recorded in the office of the secretary of state, be and the same is hereby legalized as a state institution. [Laws 1893, chap. 21.]

SEC. 2. [Annual convention.]-The Nebraska state poultry association shall hold a convention annually on the third Tuesday in January at such place in the state as the board of managers may select, for the purpose of gathering statistics and diffusing practical knowledge on subjects pertaining to the poultry interests of the state, by addresses, papers, discussions, and such other means as the board of managers may direct.

SEC. 3. [Duty of secretary.]-The secretary of said association shall preserve all papers read and take a stenographic report of all addresses and discussions at said annual convention, and shall make a report of the same to the governor, together with a full report of all business transacted, in cluding an itemized statement of all expenditures of money, and shall publish in pamphlet form not less than two thousand copies of said report, which shall be distributed according to the laws governing the distribution of the reports of the state board of agriculture.

SEC. 4. [Appropriation.]—The sum of one thousand dollars is hereby annually appropriated out of any moneys in the state treasury not otherwise appropriated for the use and benefit of said association, and the state auditor is hereby authorized to draw his warrant for the same upon presentation of proper vouchers therefor certified to by the president and secretary of said association, said amount to be used only for defraying the expenses incurred in holding conventions and in publishing and distributing reports and such other purposes as in the discretion of the board of managers shall best subserve the poultry interests of the state.

SEC. 5. [Embezzlement-Penalty.]-If any officer or member of said association shall convert any of the moneys hereby appropriated to his own use or suffer the same to be lost or expended in any other way or manner or for any other purpose than is designated by law, such officer or member shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one or more than three years.

SEO. 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 1875, 177. Took effect Feb. 24, 1875.

CHAP. 67a. "An act legalizing the Nebraska state poultry association, to define certain duties of said association, to make an annual appropriation therefor, and fixing a penalty for the misappropriation of any of the money hereby." Laws 1893, chap. 21. Took effect Aug. 1, 1893.