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by the court on good cause shown. If the return be made in term, the court shall, by order, fix a reasonable time within which such cause may be shown.

2276. Any person interested in or affected by any inquest or proceeding provided for in this act, may, on motion, and proper showing, be made a defendant therein; and the court may permit amendments of the proceedings, and allow new parties to be brought in, on motion of the plaintiff, as in other cases.

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2277. Any defendant may, after the return of the sheriff, aforesaid, traverse, by way of answer, any material fact stated in the petition or inquest, or he may plead any valid matter in bar of the plaintiff's right to have the benefit of the writ; or he may file exceptions for substantial defects to the writ, the inquest, or any of the proceedings herein provided for; and issues of law and of fact may be made up and tried as in other cases; and the court may quash the writ, or set aside the inquest, and may award a new writ on payment of all costs by the party who has built, or proposes to build, such mill-dam, or the court may dismiss the proceedings, or may ratify and confirm such inquest.

2278. [Finding.]-If on such inquest or trial it shall appear to the court that the mill or appurtenances thereunto belonging, or the mansion house of any defendant, or curtilage or garden thereunto immediately belonging, will be or has been overflowed or injured, or the health of the neighborhood annoyed, they shall not give leave to build or continue such mill-dam; but, if none such injuries have accrued, nor will be likely to accrue, they shall proceed to adjudge whether, under all the circumstances, it be just and reasonable that such leave be given or not given.

2279. In case such petition be filed by the plaintiff, after having erected his mill-dam, no damages shall be allowed, and the application shall be dismissed, unless the case be such that leave would have been given to build such mill-dam, if such petition had been brought before the erection thereof.

2280. Where any person may have built a mill or other dam whereby the water of any river, creek, run, or spring may be rendered stagnant, or any lands may be overflowed or injured thereby, any person or any number of persons interested therein, or who may be damaged by the stagnation or overflowing of said water, or otherwise, may file a petition against the owner of such mill-dam for such writ, and like proceedings shall be had mutatis mutandis, as where the owner of a mill-dam so built brings the petition. But such owner shall have ten days' previous notice of the filing of the petition.

Remedy provided by this section exclusive of ad quod damnum proceedings, and alleged errors in latter will not warrant a reversal of proceedings had under this section. 29, 768 (46 N. W., 281). See 26, 722 (42 N. W., 877).

2281. If the petition is brought to obtain leave to build a mill-dam, and such leave is granted, the plaintiff shall, upon paying respectively to the persons entitled the value of the acre so located and the damages assessed on the inquest aforesaid, become seized in fee-simple of the said acre of land; but if he shall not, within one year after the final adjudication, begin to build said mill, and finish the same within three years, and afterwards continue it in good repair for public use, or, in case said mill and dam, or either of them, be destroyed, if he shall not begin to rebuild the same within one year after such destruction, and finish the erection thereof within three years thereafter, the said acre of land shall revert to the former proprietor and his heirs, unless at the time of such destruction the owner of such mill be an infant, or imprisoned, or of unsound mind, in which case the length of time above specified shall be allowed after such disability is removed.

2282. Where the petition is brought against the owner of a mill-dam already built, as provided in section fourteen of this act, and the mill is found to be of

public utility, or where the petition is brought to obtain leave to build or continue a mill-dam, the jury shall assess such damages as the party or parties injured may have sustained and will sustain by the erection and continuance of such mill-dam. But where the petition is brought against the owner of a mill-dam as aforesaid, and such mill is not found to be of public utility, no damages shall be assessed for injuries which may accrue by the continuance of such mill-dam.

Rule and extent of damages. 17, 578 (24 N. W., 217).

2283. Where the petition is brought to obtain leave to build or continue a mill-dam, and such leave is granted, or where it is brought against the owner of a mill-dam as aforesaid, the court may render judgment for the damages assessed against the person owning or proposing to build such mill; and such assessment of damages, when fully paid and satisfied, after confirmation thereof by the court, shall bar a recovery for any damages or injury sustained previous or subsequent to such inquest in any and every action at law; Provided, however, That where the petition is brought against the owner of a mill-dam already built as aforesaid, unless the mill is found to be of public utility, such assessment, though paid and satisfied, shall not bar a recovery for damages or injuries which may accrue thereafter.

2284. The damages assessed upon public lands of the state shall be collected as in other cases, and paid into the state treasury to the credit of the proper fund.

2285. Should any of the defendants to the petition be infants, the proceedings shall be conducted in all respects as if such infants were of full age; but the court shall appoint some suitable and discreet person not of kin to the plaintiff, to act as guardian ad litem for such infants. Such guardian ad litem shall appear and defend for such infants, but no confession, admission, or default on his part shall prejudice or affect their rights or interests.

2286. Should no resistance be made to proceedings brought under this act to obtain leave to build or continue a mill-dam, the costs shall be adjudged against the plaintiff; but if such proceedings be resisted in any stage thereof, the court shall equitably adjust the costs which are caused by such resistance, having regard to the

event.

Plaintiff liable for costs where no resistance made to proceeding. 17, 423 (23 N. W., 9).

2287. Should any of the jurors so summoned fail to appear at the time and place appointed for the inquest, the sheriff shall forthwith prepare a list of three disinterested freeholders of the county for each juror so in default, and of the list so prepared, the plaintiff, and defendants, their agent or attorney, shall alternately, in the presence of the sheriff, strike out one name till but the number required to fill the panel remains. If the defendants fail to appear, or should they refuse or fail to strike, or if they are unable to agree upon any name or names to be struck from said list in their turn, the sheriff shall strike in their stead. The sheriff shall forthwith summon the freeholders so chosen, and the same proceedings shall be thereupon had as when all the jurors appear.

2288. The sheriff shall in his return report to the court the name of any juror so in default as aforesaid, and on motion of the plaintiff, such defaulting juror may be attached as for contempt, and unless, when brought before the court, he then and there purge himself of such contempt to the satisfaction of the court, he may be adjudged to pay the costs incurred by reason of his said default, and to stand committed until the same are paid; and unless he voluntarily appear to purge himself as aforesaid, he shall in any event, pay the costs of such attachment.

2289. Each juror shall be allowed one dollar for each day's attendance upon such inquest, and other costs shall be allowed as in other cases.

2290. [Mills-Protection.]—When the water backed up by any mill-dam be

longing to any mill or machinery is about to break through or over the banks of the stream, or to wash a channel so as to turn the water of such stream, or any part thereof, out of its bed or ordinary channel, whereby such mill or machinery will be injured or affected, the owner or occupier of such mill or machinery, if he do not own such bank or banks or the lands lying contiguous thereto, may, if necessary, enter thereon, and erect and keep in repair such embankments, fortifications, and other works as shall be requisite to prevent such water from breaking through or over the bank or banks of such stream, or washing a channel as aforesaid, such owner or occupier committing thereon no unnecessary waste or damage.

See 27, 324 (43 N. W., 237).

2291. Nothing contained in the last preceding section shall be construed to bar the owner of such bank or banks, or lands lying contiguous thereto, from recovering the amount of any injury which he may have actually and in fact sustained by the erection or repair of such embankment, fortification, or other works.

2292. If any person shall injure, destroy, or remove any such embankment, fortification, or other works, the owner or occupier of such mill or machinery may recover of such person all damages which he inay sustain by reason of such injury, destruction, or removal.

2293. All mills within this state, now in operation or which hereafter may be put in operation, for grinding wheat, rye, or corn, or other grain, and which shall grind for toll, shall be deemed public mills.

2294. [No discrimination.]—The owner or occupier of every public mill within this state shall grind the grain brought to his mill as well as the nature and condition of his mill will permit, and in due time as the same shall be brought.

2295. The owner or occupier of every public mill shall cause a statement of the rates of toll by him charged for grinding and bolting the different species of grain to be posted in at least two conspicuous places within the mill; and such statement shall be either written or printed in a plain and legible manner, and the county commissioners of each county shall establish and regulate the amount of toll allowed to be charged.

2296. He shall keep in his mill an accurate half bushel measure and an accurate set of toll dishes.

2297. He shall be accountable for the safe keeping of all grain received in his mill for the purpose of being ground, with the bags or casks containing the same, and shall, when required, deliver the same, or the flour or meal thereof, to the owner, or his or her agent, or order, or servant, with the bags or casks in which the same was received; Provided, That such miller shall not be accountable for any bags or casks, unless the same be distinctly marked with the initial letters of the owner's name, nor for the loss of grain, bags, or casks which shall happen by unavoidable accident.

2298. Any owner or occupier of any public mill who shall, by himself or agent or servant, take a greater rate of toll than that inserted in the statement required in section twenty-nine, or shall in any manner fail to comply with the provisions and requirements of this act, shall forfeit to the party injured the sum of twenty dollars, which penalty may be sued for and recovered before any court of this state having jurisdiction thereof.

2299. Any owner or occupier of any public mill may, by giving thirty days' notice in writing, change such public mill into a private one; such notice shall be posted on the mill, and in at least two other conspicuous places within the county; Provided, however, That such mill shall no longer grind for toll after expiration of the date of said notice; Provided, That no party shall change his mill to a private mill until fully reimbursing all parties who have assisted in its erection.

CHAPTER 33.-MINERALS.

Secs. 2300 to 2303. "An act to encourage the opening and development of coal and other mineral interests in the state of Nebraska." 1875, p. 156. In force February 23.

2300. That all tools and implements and machinery used solely in opening and working any coal mine situated in the state of Nebraska shall, for the term of three years after the passage of this act, be exempted from taxation.

2301. That when it shall be made apparent to the governor of Nebraska by affidavit of the owner or owners thereof, that a vein of coal not less than twentysix inches in depth, and of sufficient capacity to pay to mine, and within paying distance from the surface, has been discovered, or vein of good iron ore eighteen inches thick, it shall be the duty of the governor to appoint a suitable person to examine the same, whose duty it shall be to report the probable extent and capacity of the vein, or veins, upon personal examination and measurement of said vein or veins, all expenses for said examination to be paid for by the owner, or owners, of said mines. Said report being satisfactory to the governor, he shall direct the auditor to draw an order on the treasurer for the sum of four thousand dollars, to be paid to the owner, owners, of said mine of coal, and of two thousand dollars, for a vein of iron ore one foot thick; if the vein of coal discovered should be three feet in depth, four thousand dollars, and of the required capacity. Said orders to be paid out of the general fund of the state treasury, as above directed.

2302. It shall be the duty of the persons prospecting for coal or iron ore, carefully to preserve specimens of each strata through which its shafts are sunk, or borings are made, and if the bonus is obtained, on the conditions before mentioned in this bill, to deposit the same, properly labeled, in care of the department of the state for the future use of the commonwealth.

2303. The provisions of this act shall not apply to any veins of coal already discovered nor shall any bonus be paid for striking the same vein within twentyfive miles.

Secs. 2304 and 2305. "An act to authorize counties to issue bonds to aid in boring for coal in their respective counties." 1873. In force March 3. G. S., p. 249.

2304. The board of county commissioners of each county in this state are hereby authorized and required to submit to the legal voters thereof, on presentation of a petition of twenty resident freeholders of said county, the proposition to issue bonds, not exceeding twenty thousand dollars, the proceeds of which shall be applied to defray the expenses of boring and prospecting for coal in their respective counties under the direction of the commissioners thereof, and said boards are hereby anthorized to issue the said bonds for said purposes, in case the vote shall be favorable to the proposition; Provided, however, That said commissioners may, their discretion, refuse to submit such inquiry to a vote of the people until the next general election after the presentation of such petition.

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2305. [Law governing.]—The act entitled "An act to enable counties, cities, and precincts to borrow money upon their bonds, or to issue bonds to aid in the construction or completion of works of internal improvements in this state, and to legalize bonds already issued for such purpose," approved February 15, 1869, so far as applicable, shall govern the proceedings to submit said proposition, issue said bonds, and provide for payment of the same; Provided, This act shall not apply to the counties of Burt, Washington, and Sarpy.

CHAPTER 34.-MONEY.

Secs. 2306 and 2307 formed secs. 1 and 2, ch. 37, R. S. 1866, p. 269.

2306. [Denominations.]—The money of account of this state is the dollar, cent, and mill, and all public accounts, and the proceedings of all courts in relation to money, shall be kept and expressed in money of the above denomination.

2307. [Change of.]-The above provisions shall not in any manner affect any demand expressed in money of another denomination; but such demand, in any suit or proceeding affecting the same, shall be reduced to the above denomination.

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