there be state land, school land, land of the school fund or otherwise, is empowered to purchase from the state any portion of such land, not exceeding forty acres, for school purposes, at not less than seven dollars per acre, and at the appraised value, which appraisement shall be made by the county treasurer and as many as two of the school officers of such school district, without compensation. [1885, chap. 84.]

SEC. 2. [Purchase by churches and cemetery associations.]— That any church or cemetery association or corporation having control of a cemetery in a school district where there be such land referred to in the first section of this act, such church association or corporation may purchase from the state any portion of said lands, not exceeding ten acres, for church or cemetery purposes, at the appraised value. Such appraisement may be as provided for in sales of school lands to individuals; Provided, That when such land hath been previously the land required may be purchased at the former appraisement, but not lower than seven dollars per acre.

SEC. 3. [Same.]-That in the event of there being a school house, cemetery, or church building being located upon school land or any land of the state which has been or may hereafter be sold to any individual, corporation, or parties, such school district, church, or association, with the written consent of the purchaser or occupant, may purchase land for the purposes specified and obtain a deed from the state at the price of the purchaser, assignee, or occupant is to pay. The sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay.

SEC. 4. [Sales for cash.]-Sales of land made for the special purpose herein contemplated shall be for cash, and if there be buildings on such land belonging to the state, such buildings are to be appraised and sold separate.

CHAPTER 70.-PUBLIC BUILDINGS.

SECTION 1. [Doors to open outward.]-That all public buildings now in process of construction, or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement, instruction, or other purpose, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that they shall open outward, and that all means of egress for the public from the main hall or principal room and from the building, shall be by means of doors which shall open outward from the main hall or building. [1877, § 1, 117.]

SEC. 2. [Doors opening outward, changed.]-That all public buildings now built and used for any of the purposes mentioned in section one of this act, shall within one year from the first day of July, A.D. 1877, be so changed that their doors and means of egress shall be in conformity with the provisions of this act; Provided, That the provisions of this section shall not apply to churches and school houses already erected in rural districts.

SEC. 3. [Violation of act-Penalty.]-That any person or persons who shall fail or refuse to comply with the provisions of this act, shall be fined in any sum not less than one hundred dollars, nor more than one thousand dollars.

SEC. 4. [Same-Buildings closed.]—That in all cities and towns having a population of one thousand inhabitants and upwards, the mayor of said town or city shall be, and he is hereby authorized, to close and prohibit all public buildings from being used for any of the purposes mentioned in section one of this act, until the provisions of this act shall be complied with.

CHAP. 70. "An act to regulate the means of egress from public buildings," Passed and took effect June 1, 1877.

1

CHAPTER 71.—QUO WARRANTO AND MANDAMUS.

SECTION 1. [Quo warranto by private person.]-When any citizen of this state shall claim any office which is usurped, invaded, or unlawfully held and exercised by another, the person so claiming such office shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation, and with or without the consent of the prosecuting attorney, and such person shall have the right to prosecnte said information to final judgment; Provided, He shall have first applied to the prosecuting attorney to file the information, and the prosecuting attorney shall have refused or neglected to file the same. [R. S. 279. G. S. 871.]

SEC. 2. [Mandamus by private person.]—Any private person may, on his own relation, sue out writs of mandamus without application to the prosecuting attorney.

SEC. 3. [Costs.]-Persons suing out either of the writs under the provisions of this chapter shall be liable to costs as in civil cases.

SEC. 4. [Supreme court.]-Proceedings in the supreme court in applications for mandamus shall be regulated by chapter 3 of title 18 of the code of civil procedure, in applications by quo warranto by title 23 of said code, and in application for habeas corpus by chapter 25 of the criminal code; and all other provisions of law relating to those remedies shall be applicable to said proceedings when had in said court exercising its original jurisdiction. [1867, § 1, 47.]

SEC. 5. [District court.]-The several district courts shall have and exercise concurrent jurisdiction with the supreme court in the several kinds of action enumerated in the foregoing section, and the mode of proceeding and the practice relating thereto shall be the same as that obtaining in the supreme court as herein provided and as now provided by law. [Id. § 2.]

CHAP. 71. Chap. XLII, R. S. 279. Chap. 60, G. S. 871.

SEC. 1. The courts are not deprived of jurisdiction in cases of quo warranto or mandamus by the provisions of the election law on contested elections. 4 Neb. 514. 11 Id. 106. An information filed by consent of the district attorney, but not officially signed by him, Held, No error. 4 Neb. 512. An officer required to give an additional bond would not be excluded from performance of his duties, because he had neglected to do so, until a demand first made in that behalf. 1 Neb. 202. See note to Sec. 645 civil code. Jurisdiction in quo warranto. 13 Neb. 529. Attorney general proper officer to commence proceedings in supreme court. 15 Neb. 444. In a proceeding against a corporation to forfeit its franchise and oust it from the same for misuser and non-user thereof, the corporation is the only necessary party defendant. 24 Neb., 156. Relator must show right to office. 29 Neb., 198. Provisions of election law cumulative. 28 Neb., 438. Quo warranto v. Governor. 31 Id., 682. Relator holding over, abandons action when he does the office. 34 Id., 434.

SEC. 2. Mandamus v. Governor, 31 Id., 82; v. Speaker, Id., 169.

28 Neb. 438.

SEC. 4. Proceedings in supreme court are regulated by rules, which see. Writ may be served in any county. SECS. 4-5. "An act to regulate the prosecution of cases of original jurisdiction in the supreme court." Laws 1867, 47. G. S. 254. Took effect June 10, 1867. The reference to Chap. 25 criminal code, refers to criminal code of 1866, since repealed. But see Secs. 353-376 of criminal code now in force, post.

SEC. 5. See note to sec. 57, chap. 19. Issues should be tried as in civil action.

CHAPTER 72.-RAILROADS.

ARTICLE I.-DUTIES AND LIABILITIES.

SECTION 1. [Fencing.]-That every railroad corporation whose lines of road or any part thereof is open for use shall, within six months after the passage of this act, and every railroad company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such railroad or any part thereof are open, erect and thereafter maintain fences on the sides of their said railroad, or the part thereof so open for use, suitably and amply sufficient to prevent cattle, horses, sheep, and hogs from getting on the said railroad, except at the crossings of public roads and highways, and within the limits of towns, cities, and villages, with opens, or gates, or bars at all the farm crossings of such railroads, for the use of the proprietors of the lands adjoining such railroad, and shall also construct, where the same has not already been done, and hereafter maintain at all road-crossings, now existing or hereafter established, cattle guards suitable and sufficient to prevent cattle, horses, sheep, and hogs from getting on to such railroad, and so long as such fences and cattle guards shall be made after the time hereinbefore prescribed for making the same shall have elapsed, and when such fences and guards, or any part thereof, is not in sufficiently good repair to accomplish the objects for which the same is herein prescribed, is intended, such railroad corporation and its agents shall be liable for any and all damages which shall be done by the agents, engines, or trains of any such corporation, or by the locomotives, engines, or trains of any other corporations permitted and running over or upon their said railroad, to any cattle, horses, sheep, or hogs thereon; and when such fences and guards have been fully and duly made, and shall be kept in good and sufficient repair, such railroad corporation shall not be liable for any such damages, unless negligently or wilfully done; Provided, however, That any person, company, or corporation owning land adjoining the right of way of any railroad company in this state, and not within the limits of any town, village, or city, and intending to enclose his or their land, or any part thereof, that adjoins such right of way or railroad, with a fence, such person or the secretary of such company or corporation, by direction thereof, may notify in writing such railroad company of such intention, and request such railroad company to build a lawful fence as described in this section on the line between their railroad and the land intended to be enclosed. Such notice shall definitely specify two points on such line between which points such fence is requested to be erected, and describe the field intended to be enclosed. The railroad company shall, within six months after receiving such notice, cause to be erected the fence required by such notice, and in case of a failure so to do, the party so giving notice as aforesaid may cause such fence to be erected at a reasonable cost, and collect the amount thereof from the railroad company so neglecting to erect the fence. [Amended 1883, chap. LXII.]

SEC. 2. [Liable for stock killed and injured.]—Any railroad company hereafter running or operating its road in this state, and failing to fence on both sides thereof, against all live stock running at large at all points, shall be absolutely liable to the owner of any live stock injured, killed, or destroyed by their agents, employes, or engineers, or by the agents, employes, or engines belonging to any other railroad

201.

CHAP. 72. ART. I. "An act to define the duties and liabilities of railroad companies."
Took effect June 22, 1867.

Laws 1867, 88. G. S.

SEC. 1. Sufficiency of fence. 26 Neb. 159. Cattle guards not required at private crossings. Depot grounds outside of city limits. Id. 1015. One side of track in city. 27 Neb. 801.

30 Neb., 318 |

SEC. 2. So much of this section as gives "double damages for property royed, Hela, Unconstitutional, 6 Neb. 37. Damages to animals on account of failure to fence along line of road. 11 Neb. 596. Fence broke down; owner of stock not guilty of contributory negligence. 13 Neb. 484. If there be no fence up, plaintiff only required 14 Neb. 17. to prove fact of killing, ownership. etc., and that road was not fenced. Same liability exists where stock is running at large in night time. Id. 24. Company liable when auimals are killed through negligence of employes running train. Id. Negligence of owner no defense. 15 Neb. 366. Railroad not required to place guards or fence around cut within limits of city, away from public thoroughfare. 14 Neb. 234. See also 7 Neb 18 IG. 219, 369. 28 Id. 112.

€93.

company, running over and upon such road, or there being; Provided, That in case the railroad company liable under the provisions of this section, shall neglect or refuse to pay the value of any property so injured or destroyed, after thirty days notice in writ ing given, accompanied by an affidavit of the injury or destruction of said property, to any officer of the company, or any station agent, or ticket agent, employed in the management of its business, in the county where the injury complained of shall have been committed, such railroad company, their agents, and employes shall, in an action brought to recover damages therefor, be held and they are hereby declared to be liable to pay double the value of the property so injured, killed, or destroyed as aforesaid; Provided, further, That if the railroad company do not object to the value of the property so injured or destroyed, as set forth in the notice aforesaid, within ten days, it shall be considered and taken as the true value, but if the said railroad company are dissatisfied with the value as set forth is [in] said notice, they shall, within ten days, leave a written notice to that effect at the residence or place of business of the owner of the stock so injured or destroyed, and the value shall then be ascertained and determined in accordance with the provisions of section 5 of the general herd law. [Amended 1877, 59.]

SEC. 3. [Damages to passengers.]-Every railroad company, as aforesaid, shall be liable for all damages inflicted upon the person of passengers while being transported over its road, except in cases where the injury done arises from the criminal negligence of the persons injured, or when the injury complained of shall be the violation of some express rule or regulation of said road actually brought to his or her notice.

SEC. 4. [Service of summons.]-Service upon railroad companies may be made as upon other corporations, or by leaving a copy of the summons by the proper officer, with any station agent, ticket agent, conductor, or other officer of said railroad formed within the limits of this state, or left at their usual place of business within said county.

SEC. 5. [Liability as common carriers.]-No notice, either express or implied, shall be held to limit the liabilities of any railroad company as common carriars, unless they shall make it appear that such limitation was actually brought to the knowledge of the opposite party and assented to by him or them, in express terms, before such limitation shall take effect.

ARTICLE II.-FOREIGN COMPANIES.

SECTION 1. [May extend into Nebraska.]-That any railroad company heretofore organized under the laws of the states of Kansas, Missouri, Iowa, Minnesota, or territory of Dakota, or any company so organized under the laws of another state whose road may extend across any one or part of any one of these states or said territory, is hereby authorized to extend and build its road into the state of Nebraska. And such railroad company shall have and possess all the powers, franchises, and privileges, and be subject to the same liabilities of railroad companies organized and incorporated under the laws of this state; Provided, Such non-resident company shall first file a true copy of its articles of incorporation with the secretary of this state, and shall comply with the laws of the state of Nebraska, as to filing and recording articles of incorpora tion, and in all things required by law relating to railroads, and otherwise in this state, and such non-resident railroad company shall keep an office in this state in some county in which its road is, or is proposed to be, and shall be liable to civil process, to be sued and to sue, as provided by law. [1879, § 1, 106.]

SEC. 2. [May mortgage, lease, or sell property in Nebraska.]— That it shall be competent and lawful for any railroad company heretofore incorporated or organized, or which may be hereafter incorporated or organized under the laws

SEC. 5. See Const., Sec. 4, aute p. 33. 5 Neb. 117.

ART. II. SEC. 1. "An act to amend an act entitled an act to authorize non-resident railroad companies to build roads in Nebraska.". Laws 1879, 106. Took effect June 1, 1879.

SECS. 2-5. An act to authorize railroad companies of adjoining states to mortgage or convey their property situated in the state of Nebraska." Laws 1871, 72. G. S. 204. Took effect Feb. 10, 1871. Cited 24 Neb. 160.

SEC. 3. Not relieved from liability by transfer of corporate power, or permitting others to operate road. 28 Neb. 159. Contract for continuous passage, accident on connecting line. Id.

SEO. 4. Cited 29 Neb., 492.