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the bond of any person or corporation, or aid in transacting the business of such suretyship for any company incorporated or organized under the laws of any other state, unless such company is possessed of two hundred and fifty thousand dollars capital, and unless such capital to the extent of one hundred thousand dollars is invested in stocks created by the laws of the United States or by or under the laws of the state in which such company is located, or in other safe stocks or securities, the value of which, at the time of such deposit, shall be at or above par, which investments are deposited with the insurance commissioner, auditor, comptroller, or chief financial officer of the state under whose laws such company is incorporated, and the treasurer of this state is furnished with the certificate of such insurance commissioner, auditor, comptroller, or chief financial officer aforesaid, under his hand and official seal, that he, as such insurance commissioner, auditor, comptroller, or chief financial officer of such state, holds in trust and on deposit for the benefit of all obligees of such company, the surety before mentioned; which certificates shall embrace the items of security so held, and shall state that he is satisfied that such securities are worth one hundred thousand dollars.

SEC. 178. [Agents.]-Every person who shall so far represent any surety company established in any other state as to receive or transmit applications for suretyship, or to receive for delivery bonds founded on applications forwarded from this state, or otherwise to procure suretyship to be effected by such company upon the bonds of persons or corporations in this state, shall be deemed as acting as agent for said company, and shall be subject to the restrictions and liable to the penalties herein made applicable to agents of such companies.

SEC. 179. [Same-Deposit with auditor.]-Every such agent before transacting any business as aforesaid, shall deposit with the auditor of public accounts a copy of the charter of the company or corporation for which he is agent as aforesaid, unless a copy thereof has already been deposited with such auditor. SEC. 180. [Same.]-Every such agent shall also, before transacting any business as aforesaid, deposit with the said auditor a statement, signed and sworn to by the president and secretary of the company for which he acts, stating the amount of its capital and the manner of its investments, designating the amount invested in mortgages, in public securities, in the stock of incorporated companies, stating what companies, and also the amount invested in other securities, particularizing each item of investment, the amount of existing bonds upon which such company is surety, stating what portion thereof is secured by the deposit with such company of collateral security, the amount of premium thereon, and the amount of liabilities, specifying therein the amount of outstanding claims adjusted or unadjusted, due or not due; Provided, however, That not more than one such statement need be filed on behalf of such company.

SEC. 181. [Annual Statement.]-Every such agent shall, in the month of January, annually, also deposit with the said auditor a similar statement of the capital of the company which he represents, and the investments and risks as aforesaid, to be made up by the thirty-first day of December next preceding, signed and sworn to as above directed, and the auditor shall annually in the month of February publish an abstract of the statement filed in his office as required by section nine of this act and by this section, and the expense of publishing said abstract shall be paid by such companies; Provided, however, That not more than one such statement need be filed by such company in one year.

SEC. 182. [Agent-Capital Stock.]-No person shall act as agent as aforesaid for any such surety company in this state unless the capital stock of the company of which he represents amounts to the sum of two hundred and fifty thousand dollars actually paid in money and invested exclusively of any obligations of the stockholders of any description.

SEC. 183. [Same-Fine.]-No person shall act as agent of any surety company until such company and such agent shall have complied with all the re

quirements of the laws of this state relating to such companies and their agents, and every person acting without such compliance shall be fined one thousand dollars.

SEC. 184. [Examination of Returns and Statements.]-The auditor of public accounts shall annually examine the statements and returns required to be made by the companies and agents as aforesaid, and if in his opinion any return shall be obscure, defective, or unsatisfactory, he shall immediately require answers under oath from the agent from whom such obscure, defective, or unsatisfactory returns shall have been made, to such interrogatories as he may deem necessary or proper to be answered in order to explain such return, and exhibit a full and accurate view of the business and resources of the company represented by such agent.

SEC. 185. [Penalty.]-Every agent who shall refuse or neglect to answer such interrogatories for the space of thirty days, and continue to act as agent as aforesaid, shall be liable to the penalty prescribed in section ten of this act.

SEC. 186. [Investigation.]-The auditor of public accounts, either personally or by a committee appointed by him, consisting of one or more persons not directors, officers or agents of any surety company doing business in this state, may at any time examine into the affairs of any surety company incorporated by or doing business in this state. The officers or agents of said company shall exhibit its books to said auditor or committee, and otherwise facilitate such examination, and the auditor or committee may examine under oath the officers and agents of any such company in relation to its affairs; and said auditor shall, if he deems it for the best so to do, publish the result of such investigation in one or more newspapers published in the state. Whenever it shall appear to the said auditor from the statement or from an examination of the affairs of any surety company, not incorporated under the authority of this state, that such company is insolvent, or is conducting its business fraudulently, or refuses or neglects to comply with the laws of the state relating to surety companies, it shall be the duty of said auditor to revoke the certificate of authority issued to the agent or agents of any such company and he shall cause a notice thereof to be published in one or more newspapers published in this state, and the agent or agents of such company after such notice, shall transact no further business in this state. All the expenses of an examination made under the provisions of this section shall be paid to the auditor by the company examined.

SEC. 187. [Report to attorney general.]-The auditor of public accounts shall report to the attorney general any violation of the provisions of this chapter which shall come to his knowledge, and the attorney general shall institute the proper legal proceedings in the name of the state against any person violating any such provision.

SEC. 188. [Fees.]-Every surety company not incorporated in this state, applying for admission to transact business therein, shall pay to the auditor of public accounts for the use of the state for filing copy of its charter or deed of settlement, the sum of thirty dollars; for filing statement preliminary to admission, and for filing each annual statement after admission, the sum of twenty dollars, and for each agent's certificate annually the sum of two dollars.

DETECTIVE ASSOCIATIONS.

SEC. 189. [Certificate of incorporation.]-Whenever any number of persons associate themselves together for the purpose of carrying on the detective or secret service business for pay, they shall make a certificate in writing subscribed and verified by the oaths or affirmations of all the members thereof showing the full name and place of residence of each, the name and style by which such association shall be called, and the name of the town and county where their principal office shall be located, which certificate shall be filed in the office

of the secretary of state to be by him preserved and recorded in his office in the manner hereinafter provided. [1885, chap. 24.]

SEC. 190. [Bond.]—Within thirty days from the date of filing the certificate as provided in section one of this act, the members of such association shall execute and deliver to the secretary of state a bond for the state of Nebraska in the penal sum of ten thousand (10,000) dollars signed by all the members of such association with a number of sureties equal to two for each member of said association, which sureties shall severally justify in sums aggregating the sum of ten thousand (10,000) dollars as hereinafter provided, conditioned for the faithful performance by such association of all the duties of their employment as prescribed in this act, and each member of such association shall make an oath or affirmation to be endorsed on such bond and subscribed by him before some officer authorized to administer oaths and by him certified thereon, that he will support the constitution of the United States, and the constitution of the State of Nebraska, and will faithfully and impartially discharge the duties of a detective as prescribed in this act. Upon the receipt of such bond by the secretary of state he shall file the same to be preserved in his office and shall certify in writing that such association has complied with the law authorizing the incorporation of detective associations and affix thereto the great seal of the state of Nebraska, attest the same and record such certificate together with the certificate and bond filed by such association in a book to be kept for the purpose, and shall within five days thereafter deliver said certificate issued by him to some member of said association or mail the same properly sealed, stamped, and addressed to said association at the town where their principal office is located, and upon receipt of such certificate it shall be the duty of such association before transacting any business, other than to meet for such purpose to elect a chief and secretary, who shall continue in office until their successors are elected and qualified.

SEC. 191. [Justification of sureties.]-The justification of sureties on the bond required by section two of this act shall be an oath or affirmation endorsed on such bond to the effect that each of said sureties is a resident, and freeholder of the state of Nebraska, and is worth at least the sum in which he justifies, over and above all debts and liabilities by him owing, and all property exempt by law from levy and sale on execution, which oaths or affimations shall be subscribed by the sureties and taken before and certified to by some officer authorized to administer oaths.

SEC. 192. [Powers of association.]-When any detective association shall be incorporated under the provisions of the three preceding sections of this act, such association is authorized to engage in the secret service or detective business through and in the name of such association, and shall be deemed a body corporate limited without successors, and they may sue and be sued, plead and be impleaded in all courts of law and equity in and by their corporate name, and may have a corporate seal and may alter the same at will, and may acquire and hold such property as they may deem expedient or necessary whether it be real, personal or mixed, for the uses and purposes of their employment as defined in this act, and may employ any number of persons to assist them, but it shall be the duty of such association to deliver to every person employed by them a certificate showing the date of their employment, the name of the association, and the time for which such person is employed, which certificate shall be signed by the chief and attested by the secretary of such association; Provided, however, That whenever any person shall be admitted to such association as a member and not an employe, such association shall file a new certificate and bond in the office of the secretary of state, and at the expiration of every five years from the date of the last certificate issued to such association they shall make and file in the office of

SECS. 189-197. "An act to authorize the incorporation of detective associations, to provide for bond, of collection of fees and rewards by, to prescribe their powers, duties, and liabilities, prevent frauds by, and punish false pretenders."

the secretary of state a new bond and certificate, and in either case such new certificate and bond shall be in all respects the same as that required by the first three sections of this act and verified and recorded in the same manner.

SEC. 193. [Duty of Members.]—It shall be the duty of the members and employes of every detective association incorporated under the provisions of this act, to preserve inviolate all secrets of state which may come to their knowledge, and all secrets confided to them in the course of their employment, unless required in the furtherance of justice to divulge the same in courts of examination, trial, or impeachment, to aid executive,judicial and police officers in preventing crime, the pursuit, identification, arrest, and conviction of secret offenders and fugitives from justice, and to report to the chief any information of threatened insurrection against the state which may come to their knowledge, which chief shall forthwith convey such information to the governor, and upon the request of any magistrate within the county where the principal office of such association shall be located, it shall be the duty of such members thereof to execute all writs issued by such magistrate upon information against any person prosecuted by the state of Nebraska, for any offense punishable by fine, imprisonment, or death.

SEC. 194. [Writs and Process.]--When any magistrate shall require a member of any detective association incorporated under the provisions of this act to execute any writ as provided in section five, it shall be the duty of such magistrate to direct such writ to the chief of such association, and the return thereon shall be verified in the same manner as provided by law for returns of such writs by sheriffs and shall be signed by the chief's name, and the name of the association, and if served by any other member than the chief he shall add to the name of the chief and the association his name as associate and such return shall be entitled to the same credit as returns by sheriff, and when actually engaged in such service the members of such association shall have the same authority given by law to sheriffs in discharge of like duties, and such association shall be entitled to the same fees and mileage, to be taxed and collected in the same manner as provided by law for the payment of fees to sheriffs.

SEC. 195. [Liability on bond.]-The members of every detective associa tion incorporated under the provisions of this act and their sureties shall be liable on the bond of such association in damages to the party injured for loss of or damages to any money, property or thing of value which may come into their possession, or the possession of their employes, in the course of their employment, and for the escape of any prisoner in their charge if such loss, damage or escape is caused by the negligence or misconduct of any member or employe of such association, which damages may be recovered in any court of competent jurisdiction in the county where the principal office is located according to their certificate on file in the office of the secretary of state; Provided, That such association may have a lien on any stolen money or property recovered by them for the amount of the reward publicly offered or agreed in writing to be paid, and may refuse to deliver such money or property to the person offering such reward until payment of the same be made.

SEC. 196. [Dissolution.]—Any detective association incorporated under the provisions of this act may be dissolved by two-thirds of the living members thereof making and filing in the office of the secretary of state a certificate showing the names of all the members, the date of their incorporation, and the name of the association, the names of any member who may be dead or has absconded or severed his connection with the association; declaring it their intention to dissolve such corporation at a time to be named in such certificate, which time shall not be less than forty days after the first publication of such certificate in the manner hereinafter provided; such certificate shall be subscribed and verified by the oaths or affirmations of two-thirds of the living members of such association, and published four consecutive weeks in some newspaper printed and of general circulation in the county where their principal office is located, and if no such paper be

printed in said county then in some paper printed and of general circulation in the county where the capitol of the state is located; Provided, however, That a failure for more than thirty days after the association of a new member or the expiration of five years to file a new certificate and bond as provided in section four of this act shall work a dissolution of such corporation, and upon the dissolution by operation of law or action of the members of such association, all the property and effects of every nature belonging to such association shall descend to and be vested in the members thereof jointly.

SEC. 197. [Penalties.]-Any person who shall in the name of, or, by virtue of, their association with, or, employment by any detective association incorporated under the provisions of this act engage in the secret service for pay, or offer to any other person their services as a detective, without having first complied with the requirements of the first three sections, or having received a certificate of their employment as provided in section four of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty ($50) dollars or imprisoned in the county jail not to exceed thirty days, and any person who shall by means of such false and fraudulent pretended association with or employment by any detective association, incorporated under the provisions of this act. obtain from any other person any goods, merchandise, money, property, effects, or other thing of value, if the property or money so fraudulently obtained be the value of thirty-five ($35) dollars or upwards, such person so offending shall be imprisoned in the penitentiary not more than five years nor less than one year; but if the value of the property be less than thirty-five ($35) dollars the person so offending, shall be fined in any sum not exceeding one hundred dollars or be imprisoned in the county jail not exceeding sixty days, and be liable to the party injured for the damages sustained.

CHAPTER 17.-COUNTIES, COUNTY BOUNDARIES AND COUNTY SEATS.
ARTICLE I.--BOUNDARIES.*

SECTION 1. That the counties hereinafter named shall be bounded by boundary lines as set forth in this act. [G. S. § 1, 212.]

SEC. 2. [Adams.]-The county of Adams is bounded as follows: Commencing at the southwest corner of township five, north, of range twelve, west; thence east to the southeast corner of township five, north, of range nine, west; thence north to the northeast corner of township eight, north, of range nine, west; thence west to the northwest corner of township eight, north, of range twelve, west; thence south to the place of beginning. [Id. § 2.]

SEC. 3. [Antelope.]-The county of Antelope is bounded as follows: Commencing at the southwest corner of township twenty-three, north, of range eight, west; thence east to the southeast corner of township twenty-three, north, of range five, west; thence north to the north east corner of township twenty-eight, north, of range five, west; thence west to the northwest corner of township twenty-eight, north, of range eight, west; thence south to the place of beginning. [Id. § 3.] ̧

SEC. 4. [Blaine.]-That all that portion of the state of Nebraska, commencing at the south-east corner of township twenty-one (21), range twenty-one (21), running thence north to the north-east corner of township twenty-four (24), range twenty-one (21), township twenty-four (24); thence west to the north-west corner of township twenty-four (24), range twenty-five (25); thence south to the southwest corner of township twenty-one, (21), range twenty-five (25); thence east to the south east corner of township twenty-one (21), range (21), to the place of be

*NOTE.-ART.I. "An act defining the boundaries of certain counties." G. S. 212. Took effect Mar. 3, 1873. Secs. 12-13 of "An act to correct clerical errors in and to amend an act entitled 'An act defining the boundaries of certain counties'" [Gen. Stat. 225, 226,] are re-enacted by act of 1879, p. 353, secs. 2 and 3, chap, 18. NOTE, also, that at the 10th session of the legislature called to correct errors in the county boundaries act of the 9th session, two acts were passed for the purposes set forth in their titles which were: 1. "An act to extend the time for making assessments in newly organized counties, and in portions of the state affected by changes in county boundaries by an act entitled 'An act defining the boundaries of certain counties.' Approved March 3, 1873." 2. "An act to make valid and legalize the acts of public officers acting in good faith, and to prevent the failure of justice, or the abatement of actions commenced, owing to any change in county boundaries by an act entitled 'An act defining the boundaries of certain counties,' approved March 3, 1873." These acts [Gen. Stat. 226, 227] are omitted from

this volume.

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