safe conveyance of persons and property, and when the river or creek over which the ferry is kept is passable, shall, with a sufficient number of hands to work and manage the boat, give due attendance from daylight in the morning until dark in the evening; and shall, moreover, at any hour in the night or day that the creek or river can be passed, when called upon for that purpose, convey the United States mail or other public express across said ferry; and if any person having obtained a license as aforesaid shall fail or neglect to perform the duties herein enjoined, or any of them, the person so offending shall forfeit and pay for every such offense a sum not exceeding five dollars, to be recovered before any justice of the peace of the proper county, at the suit of any person prosecuting for and making due proof of such failure or neglect; and if any keeper of a ferry as aforesaid shall demand and receive a higher rate or sum for ferriages than shall be allowed by the board of county commissioners of the county wherein such ferry is kept, the person so offending shall forfeit and pay for every such offense a fine not exceeding ten dollars, recoverable before any justice of the peace of the proper county by any person making due proof thereof, to be disposed of as hereinafter provided.

3146 SEC. 7. [Release from penalties.] Should the county commissioners refuse to renew the license of any ferry man, he shall be exonerated from the penalties of this chapter by paying into the county treasury, previous to any prosecution having been commenced against him, such sum for the time which may have elapsed between the expiration of his license and the next session of the board of county commissioners as shall bear a rateable proportion to the amount charged for the previous year.

3147 SEC. 8. [Rates of ferriage.] The board of county commissioners, at the same time they grant a license to keep a ferry, shall also fix the rate of ferriages which the ferry keeper may demand and receive for the transportation of persons and property; and it shall be the duty of the clerk of the board of said county commissioners to furnish every person taking out a license to keep a ferry, with a list of the rate of ferriages, which list the ferry keeper shall post up at the door of bis ferry-house or in some conspicuous place convenient to said ferry.

3148 SEC. 9. [List to be handed grand jury.] Every county clerk shall, on the first day of the term of the district court, deliver to the grand jury an accurate list of all persons holding license within his county; and it shall be the duty of the judge to give this chapter in charge to the grand jury, whose duty it shall be to make inquiry and give information of any violation thereof, except in cases where jurisdiction is given to justices of the peace.

3149 SEC. 10. [Unauthorized ferries.] If any person shall keep a ferry without being duly authorized, the person so offending shall forfeit and pay a sum not exceeding fifty dollars, to be recovered by indictment.

3150 SEC. 11. [Neglect of officers.] If any justice of the peace or other officer shall neglect or fail to comply with the requisitions of this chapter, the person so offending shall forfeit and pay for every such offense a sum not exceeding fifty dollars, at the discretion of any court of competent jurisdiction before whom the same may be recovered, for the use of the county.

3151 SEC. 12. [Suits how brought.] All actions or suits brought under the provisions of this chapter shall be in the name of the state of Nebraska, and the court taking cognizance thereof shall keep a record of all fines and forfeitures recovered under the same; and sheriffs, constables, and other officers shall pay all moneys, within thirty days after receiving the same, into the county treasury. Justices of the peace and clerks of courts before whom any fine is recovered shall present an accurate account thereof to the county clerk, on or before the first Monday

of July annually; and it shall be the duty of the county clerk to inform against and prosecute all offenders against this statute, especially such offenses as are cognizable before justices of the peace.

3152 SEC. 13. [Vested rights.] Nothing herein contained shall be so construed as to conflict or interfere with any vested right heretofore acquired or secured under any law of this state.

3153 SEC. 14. [Foot passengers.] That hereafter it shall be unlawful for any person or persons, ferry company or transfer company, engaged in ferrying or transferring persons across any river in this state, or any river forming the boundary line of this state, to charge, demand of, or receive from any footman, or foot passenger, more than ten cents for any such ferriage or transfer across any of said rivers. [1871, § 1, 123.]

3154 SEC. 15. [Penalty.] That if any person or persons, or company engaged in the business aforesaid, shall demand, charge, or receive a greater sum than ten cents for such ferrying, such person or persons or company shall incur a penalty of ten dollars for such offense, which penalty may be collected by civil action before a justice of the peace whenever service of process can be made; one-half of the said penalty shall be for the use of the plaintiff in any such action, and the other half shall be paid to the county treasurer, and constitute a part of the school fund. [Id., § 2.]

SECS. 14, 15. "An act to limit the amount of ferriage to be charged for ferrying footmen." Laws, 1871, 123. Took effect April 1, 1871.

CHAPTER 30.-FIRE COMPANIES AND FIREMEN.

3155 SECTION 1. [Exemption from jury duty.] All members in good standing in any fire company or hook and ladder company in this state, and all persons who have been members of such company in good standing for five consecutive years in the state of Nebraska, shall be exempt from serving upon grand and petit juries, of justice of the peace courts of this state, and from militia duty in time of peace, and from the assessment of any poll tax. [1867, 12th Sess. Ter., 16. Amended 1873, G. S., 390.]

3156 SEC. 2. [Number of members.] No fire company shall have upon its rolls at one time more than seventy-five persons, and no hook and ladder company shall have on its rolls at any one time more than fifty members; and the foreman and secretary of every such company shall, on the first days of April and October in each year, file in the office of the clerk of the district court in and for the respective counties a certified copy of the rolls of their respective companies, so as to obtain for the members thereof the privilege of the exemption herein named; and Provided, That no organization shall be deemed to be a bona fide fire or hook and ladder company until it shall have procured for active service apparatus for the extinguishment or prevention of fires, in case of a fire company to the value of $1,500, and of a hook and ladder company to the amount of $500.

3157 SEC. 3. [Dues.] "Members in good standing" are hereby defined to be those who keep their dues promptly paid up, and are present and render active service when called out for the legitimate purposes of their organization.

3158 SEC. 4. [Exemption from execution.] That all fire engines, hose, hose carriages, ladders, buckets, and all vehicles, machinery, and appliances of every kind used or kept by incorporate cities, villages, or fire companies for the purpose of extinguishing fire be and the same is hereby exempt from execution and sale to satisfy any debt, judgment or decree arising upon contract or otherwise; Provided, That the provisions of this act shall not affect any voluntary lien created by bill of sale, mortgage, or otherwise, on such property, by the proper owner; Provided, further, That the provisions of this act shall not apply to, or in any way affect the remedy upon any contract now existing, or judgment rendered upon any contract in any court of this state. [1869, § 1, 17.]

3159 SEC. 5. [Disabled firemen-Cities-Relief.] That any member of any lawfully organiz d volunteer fire company in any city of the first class having less than 25,000 inhabitants or any city of the second class within the State of Nebraska, who shall be injured or disabled while in the act of preventing or extinguishing fires within the limits of said cities, and who shall by reason of such injury or disability, be unable to pursue his usual avocation or business, shall receive from said city a sum not less than three (3) dollars, nor more than ten (10) dollars per week of seven days, during the time of such disability; Provided, That he shall not receive more than two hundred (200) dollars for each injury so received. [1895, chap. 37, § 1.]

CHAP. 30-SECS. 1-3. "An act to exempt firemen from jury, militia, and road duty." 12 Sess. Ter., 1867, 16. Took effect Feb. 18, 1867. SEC. 4. "An act to exempt from sale on execution property used and kept to extinguish fires." Laws, 1869, 17. Took effect Jan. 22, 1869.

SECS. 5-9. "An act for the relief of volunteer firemen when injured or disabled while in active service in cities of the first class having less than 25,000 inhabitants and of the second class and incorporated villages within the State of Nebraska." Laws, 1895, chap. 37. Took effect Aug. 1, 1895.

3160 SEC. 6. [Same-Physician's certificate.] The mayor and city council of any city aforesaid may require of any applicant for relief under this act a certificate from a competent physician or surgeon, setting forth the condition from time to time of such applicant while receiving relief under this act. [Id., § 2.]

3161 SEC. 7. [Same-Villages.] A member of any lawfully organized volunteer fire company in any incorporated village within the state of Nebraska, who may be injured or disabled as in section one (1) of this act, shall receive from said village a sum not less than two dollars ($2.00) nor more than five dollars ($5.00) per week of seven days, during the time of such disability; Provided, he shall not receive more than one hundred dollars ($100) for each time injured or disabled. [Id., § 3.]

3162 SEC. 8. [Same-Physician's certificate.] The board of trustees of any incorporated village aforesaid may require of any applicant for relief under this act a certificate from a qualified physician or surgeon, as in section two (2) of this act. [Id., § 4.]

3163 SEC. 9. [Same-Relief-Payment.] The mayor and city council of any city of the first class having less than 25,000 inhabitants or any city of the second class, or board of trustees of any village in the state of Nebraska, having lawfully organized volunteer fire companies within their limits, shall provide by ordinance for the payment of the provisions of this act, out of any money belonging to said cities or villages, not otherwise appropriated. [Id., § 5.]

3164 SEC. 10. [Tax on insurance companies.] That the municipal authorities of any city of the first class having less than 25,000 inhabitants or any city of the second class, or village, shall have authority, by ordinance, to impose a license tax of not more than $5.00 per annum, on each fire insurance corporation, company, or association, doing business in such city or village, for the use, support, and benefit of volunteer fire departments, regularly organized under the laws of the State of Nebraska regulating the same. [1895, chap. 38.]

3165 SEC. 11. [Pensions-Paid department in cities.] That all metropolitan cities and cities of the first class having a paid fire department, shall pension all firemen of the paid fire department, whenever such fireman shall have first served in such fire department for the period of twenty-one years, and shall elect to retire from active service and go upon the retired list. Such pension shall be paid by the city in the same manner as firemen upon the active list are paid, and such pension shall be twenty per cent of the amount of salary such retiring fireman shall be receiving at the time that he goes upon such pension list. [1895, chap. 39, $ 1.1

3166 SEC. 12. [Same-Widows-Children.] In case of the death of any fireman in a paid fire department in any city of the metropolitan, or first class, while in line of duty, or death is caused by injury received while in line of duty, then the same rate of pension as is herein provided for in section one shall be paid to the widow of such deceased fireman during such time as she shall remain the widow of such deceased fireman, and in case there be no widow, then the minor children, if any, of such deceased fireman, shall be paid such pension during their minority to the age of 16. Provided, however, So soon as a child of such deceased firemen shall become sixteen years, such pension as to such child shall cease. [Id., § 2.]

SEC. 10. "An act authorizing the municipal authorities of cities of the second class, and villages to enact ordinances to impose a special license tax on insurance companies for the support and maintenance of volunteer fire departments." Took effect Aug. 1, 1895. Laws, 1895, chap. 38.

SECS. 11-14. "An act to pension firemen of paid fire departments after a service of 21 years, and the widows and orphans of firemen who lose their lives while in the line of their duty, and to provide for pensioning firemen of paid fire departments in metropolitan cities, and cities of the first class, who shall become totally disabled while in the line of their duty. Took effect Aug. 1, 1895. Laws, 1895, chap. 39.

3167 SEC. 13. [Same-Disabled firemen.] In case any fireman of a paid fire department in any metropolitan city, or city of the first class, shall become permanently and totally disabled from accident or other cause, while in the line of his duty, such fireman shall forthwith be placed upon the roll of pensioned firemen, at a rate of twenty per cent of the salary such fireman was receiving for his services as fireman at the time of receiving such injury, and suffering such disability. [Id., § 3.]

3168 SEC. 14. [Same-Officers.] This act shall apply to officers of paid fire departments in cities of the first class and cities of the metropolitan class, as well as to regularly employed firemen. [Id., § 4.]