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of any telegram or message containing an equal number of words over a greater distance, providing that dispatches transmitted during the night and dispatches for publication in newspapers may be forwarded and delivered at reduced rates; such rates must, however, be uniform to all patrons for the same service.

SEC. 8. [Same-Newspapers.]-It shall be unlawful for any telegraph company, association, or organization engaged in the business of forwarding dispatches by telegraph, to demand, collect, or receive from any publisher or proprietor of a newspaper any greater sum for a given service than it demands, charges, or collects from the publisher or proprietor of any other newspaper for a like service, and the violation of the provisions of sections seven and eight of this act by any telegraph company or association shall constitute a misdemeanor, and upon conviction said telegraph company or association shall be fined for each and every offense in any sum not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars with cost of prosecution, and in addition thereto such telegraph company or association shall be liable for all damages sustained by the person or parties in consequence of such discrimination.

SEC. 9. [Equal facilities.]-Every telegraph company and every press association engaged in the transmission, collection, distribution, or publication of dispatches, shall afford the same and equal facilities to all publishers of newspapers, and furnish the dispatches collected by them for publication in any given locality to all newspapers there published on the same conditions as to payment and delivery.

SEC. 10. [Same-Penalty.]—Any press association, corporation, or organization violating the foregoing section shall be deemed guilty of a misdemeanor, and upon conviction shall, for each and every offense, be fined in any sum not less than one hundred ($100) nor more than one thousand ($1000) dollars, and in addition thereto such association and the members thereof shall be jointly and severally liable for all damages sustained by the owner of any newspaper in consequence of such discrimination.

SEC. 11. [Refusal to receive and transmit.]-If any telegraph company, association, or organization engaged in the transmission of telegraph dispatches from any place in this state, or the person having the control or management thereof, refuse to receive dispatches from any person, corporation, or any other telegraph company, or to transmit the same with fidelity and without unreasonable delay, it shall be guilty of a misdemeanor, and upon conviction shall be fined for each and every offense in the sum of not less than fifty ($50) nor more than one hundred ($100) dollars, and in addition be liable for damages to the person or corporation sustaining a loss by reason of such refusal or failure to so transmit.

SEC. 12. [Non-delivery-Mistakes.]-Any telegraph company engaged in the transmission of telegraphic dispatches is hereby declared to be liable for the non-delivery of dispatches entrusted to its care, and for all mistakes in transmitting messages: made by any person in its employ, and for all damages resulting from a failure to perform any other duty required by law, and any such telegraph company shall not be exempted from any such liability by reason of any clause, condition, or agreement contained in its printed blanks.

SEC. 13. [Lines out of order-Duty of operator.]—In all cases where application is made to any telegraph company, or the operator, agent, clerk, or servant thereof, to send a dispatch, it shall be the duty of such operator, agent, or clerk, who may receive dispatches at that station, plainly to inform the applicant, and if required by him to write upon the dispatch that the line is not in working order, or that the dispatches already on hand for transmission will occupy the line, so that the dispatch of fered cannot be transmitted within the time required, if the facts be so; and for omitting so to do, or for intentionally giving false information to the applicant in relation to the time within which the dispatch offered may be sent, such operator, agent, or clerk, and the company by which he is employed, shall incur a like penalty as in section eleven of this act.

SEC. 13. Last clause of section sustained. 28 Neb., 662. 32 Id., 732.

SEC. 14. [Right of way-Poles and wires.]-That any telegraph or telephone company incorporated or doing business in this state shall be and is hereby granted the right of way along any of the public roads of the state for the erection of poles and wires; Provided, That poles shall be set at least six feet within the boundary Îine of said roadway and not placed so as interfere with road crossings; And Provided, That said wires shall be placed at the height of not less than twenty feet above all road crossings. [1887, chap. 87.]

SEC. 15. [Injuries to fixtures.]-Any person or persons who shall break, injure, destroy, or otherwise interfere with the poles, wires, or fixtures of any telegraph or telephone company in this state shall be subject to action and penalty prescribed in section 98, chapter 13, criminal code. [Id.]

SECS. 14, 15. "An act granting the right of way to telegraph or telephone companies along puplic highways and providing for a penalty in case of malicious injury or interference with the same.” Laws 1887, chap. 87. Took effect July 1, 1887.

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CHAPTER 90.-TIME-DAY'S WORK.

SEC. 1. Ten hours shall constitute one day's labor, so far as it concerns laborers and mechanics, throughout the state. [R. S. 379.]

SEC. 2. [Eight hours.]-That eight hours shall constitute a legal days work for all classes of mechanics, servants, and laborers throughout the state of Nebraska, excepting those engaged in farm or domestic labor. [1891, chap. 54, § 1.]

SEC. 3. [Violation of act-Penalty.]-Any officer or officers, agent, or agents of the state of Nebraska or any municipality therein, who shall openly violate or otherwise evade the provisions of this act, shall be deemed guilty of malfeasance in office and be suspended or removed accordingly by the governor or head of the department to which such officer is attached. [ Id. § 2.]

SEC. 4. [Over hours-Compensation.]-Any employer or corporation working their employes over the time specified in this act shall pay as extra compensation double the amount per hour as paid for previous hour.

SEC. 5. [Violation of act-Penalty-Repeals.]-Any party or parties contracting with the state of Nebraska, or any such corporation or private employer, who shall fail to comply with, or secretly evade the provisions hereof, by exacting, or requiring more hours of labor for the compensation agreed to be paid per day than is herein fixed and provided for, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred ($100.00) dollars, nor more than one thousand ($1,000.00) dollars. And all acts or parts of acts inconsistent with this act are hereby repealed. [Id. § 4.]

SEO. 1. CHAP. LII. R. S. 379.

SECS 2-5. "An act to regulate the hours of labor of mechanics, servants and laborers, 1891, chap. 54. Took effect Aug. 1, 1891.

CHAPTER 91.-TOWNS AND VILLAGES.

SECTION 1. [Unclaimed lots.]-That all persons who shall be or may become the owners of any equities of title, in and to any town lot or lots or land within any incorporated town or city in this state, by virtue of which they shall be entitled to demand and receive from the corporate authorities a title in fee simple to the same, shall present their claims, and make demand for their deed, within sixty days from the passage of this act, in all those cases where the lot, lots, or lands have already been unclaimed for the period of two years; and in all cases of sites of corporate towns or cities which may be hereafter entered the property shall be claimed and the deed demanded within three years after such entry; Provided, That if any person shall neglect to comply with the terms of this act as aforesaid, the title in and to such realty shall vest in the corporation, as fully, and to all intents and purposes as though conveyed to said town or city by deed of general warranty. [1867, § 1, 94.]

SEC. 2. [Not applicable to tax sales.]-This act shall be construed to apply to rights acquired previous to the entry of the land; and in no case to rights of parties acquired by virtue of any tax sale. [Id § 2.]

VACATING STREETS AND ALLEYS.

SEC. 3. [Notice.]-Any person seeking to have any street, alley, or public grounds, in any town or village, vacated, shall give thirty days notice of the intended application therefor to the county commissioners for the vacation of such street, alley, or public grounds, by posting five notices in as many of the most public places within the limits of the said town or village. Such notices shall contain a particular description of the street, alley, or public grounds desired to be vacated, and the time at which the application will be made to the county board for the order of vacation. [1871, § 1, 125.]

SEC. 4. [Board of examiners.]—Upon the application of any person to the county board for the vacation of any street, alley, or public, grounds, proving by the oath of two persons that the foregoing section has been complied with, and by giving bond with sufficient security for all costs payable to the county, the board shall appoint three disinterested householders of the town or village, to examine the street, alley, or public grounds, and at the next regular meeting of the board report whether in their opinion any injustice or inconvenience will be worked by the vacation of such street, alley, or public grounds. The board, upon such report and other testimony presented by the applicant, or others opposing the vacation, shall decide for or against such vacation. [Id. § 2.]

SEC. 5. [Decision.]-The county board, if convinced that no injustice will be worked by any person or persons by such vacation, shall order such vacation, and in all cases they shall cause all expenses arising from the application and the ensuing proceedings to be paid by the party or parties applying for such vacation. [Id. § 3.]

SEC. 6. [Title, in whom vested.]-The street, alley, or public grounds thus vacated, shall become the property of owners of real estate thereto adjacent, on each side, in proportion to the frontage of such real estate. The county clerk shall make a quit-claim deed, in the name of the county, to the different persons to whom such street, alley, or public grounds may inure, signing said deed, and attaching the county seal thereto, and such deed shall convey all the title vested in the county. [Id. § 4.]

SECS. 3-6. "An act to provide for vacating streets, alleys, and public grounds in towns and villages." Passed and took effect March 10, 1871.

CHAPTER 91 a.-TRUSTS.

SECTION 1. [Combinations in restraint of trade.]—It shall be unlawful for any person or persons, partnership, company, association, or corporation organized for any purpose whatever or engaged in the manufacture or sale of any article of commerce or consumption, or for any such person or persons, partnership, company, association, or corporation dealing in any natural product to enter into any contract, agreement, or combination with any other person or persons, partnership, company, association, or corporation organized and doing business in this state, or in any other state or territory and doing business in this state, engaged in the manufacturing, selling, or dealing in the same, or any like manufactured or natural product whereby a common price shall be fixed for any such article or product, or whereby the manufacture or sale thereof shall be limited or the amount, extent, or number of such product to be sold or manufactured shall be determined, or whereby anyone or more of the combining or contracting parties shall suspend or cease the sale or manufacture of such products, or whereby the products or profits of such manufacture or sale shall be made a common fund to be divided among the respective persons, partnerships, companies, association or corporation so entering into such contract, agreement, or combination. [1889, chap. 69.]

SEC. 2. [Trusts and pools prohibited.]-Pooling between persons, partnerships, companies, associations or corporations, engaged in the same or like business for any purpose whatever, and the formation of combinations or common understanding between two or more persons, companies, partnerships, associations, or corporations, in the nature of what are commonly called trusts for any purpose whatever or the continuance of the same after the taking effect of this act, are hereby prohibited and declared to be unlawful, and each day of the continuance of any such pool or trusts shall constitute a separate offense.

SEC. 3. [Damages-Attorney's fee.]-That in any case any person, persons, company, partnership, association, or corporation shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful such person, persons, partnership, company, or corporation shall be liable to the person, persons, partnership, company, association, or corporation injured thereby, for the full amount of damages sustained in consequence of any such violations of the provisions of this act, together with a reasonable counsel or attorney fee to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case, and the property of any person who may be a member or interested in any partnership, association, company, or corporation violating the provisions of this act shall be liable for the full amount of such judgment and may be levied upon and sold to satisfy the same.

SEC. 4. [Forfeiture-Penalties.]-Any association of persons doing business in this state in a firm, partnership, or corporate name and not incorporated under the laws of this state who shall violate the provisions of this act, in addition to the other penalties and liabilities herein provided, shall forfeit its right to do business in such firm, partnership, or corporate name; and if any such persons shall thereafter continue to do business in such firm, partnership, or corporate name, they shall incur the penalties provided in section three (3) of the act entitled, "An act providing for the recording the names of all members of associations doing business under a firm, partnership, or corporate name." Approved February 25, 1875.

CHAP. 91 a. "An act to prohibit persons, partnerships, companies, associations, or corporations engaged as manufacturers or dealers from entering into any understanding, contract, combination, pool, or trust for any purpose whatever, and to provide punishment for violations of the same, and providing means for the suppression of such evils and remedies for persons injured thereby." Took effect July 1, 1889. Laws 1889, chap. 69. Act cited 29 Neb.. 700.

SEC. 5. [Same.]-Any corporation violating any of the provisions of this act, in addition to the other penalties and liabilities herein provided, shall surrender and forfeit its right and privileges as a corporation, and it shall be the duty of the prosecuting attorney of the proper county to institute proceedings against said corporation or the persons constituting the same for the purpose of having the same dissolved and the same proceedings shall be and the same judgment may be rendered as is provided in title 23, entitled, "Information of the code of civil procedure."

SEC. 6. [Same.]-Any person, partnership, company, association, or corporation subject to the provisions of this act, or any director, officer, receiver, trustee, clerk, lessee, agent, or person acting for or employed by them or either of them who shall violate any of the provisions of section one (1) or two (2) of this act shall be declared guilty of a misdemeanor, and shall upon conviction thereof be fined in any sum not exceeding one thousand dollars ($1,000.00) or imprisonment in the jail of the county for a period not exceeding six months or both in the discretion of the court.

SEC. 7. [Evidence.]-In any action brought under any of the provisions of this act the court before whom the same shall be pending may compel any person, or persons, partnership, company, association, or corporation so proceeded against, or any of the members of any such partnership or corporation or any director, officer, receiver, trustee, agent, employee, or clerk of them, or either of them to attend, appear, and testify in such suit or proceeding and may compel the production of the books and papers of any such person, persons, partnership, company, association, or corporation party to any such proceeding.

SEC. 8. [Reservation as to laborers.]-Nothing herein contained shall prevent any assemblies or associations of laboring men from passing and adopting such regulations as they may think proper, in reference to wages and the compensation of labor, and such assemblies and associations shall retain-and there is hereby reserved to them— all the rights and privileges now accorded to them by law, anything herein contained to the contrary notwithstanding.

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