senate chamber and hall of the house, including cleaning and warming the same; to attend to and keep closed the door and bar of the respective houses, unless otherwise directed by the presiding officers thereof; and to do and perform such other duties as may be enjoined on them by either house. It shall be the duty of the engrossing clerk to correctly engross such bills as may be required to be engrossed by the committee on engrossed and enrolled bills, and to perform such other duties as may be required by either house. It shall be the duty of the enrolling clerk to correctly and neatly enroll all such bills as may be placed in his hands therefor, and to perform such other duties as may be enjoined on him by either house. It shall be the duty of the chaplains to open the sessions of each house with prayer, and to perform such other duties as may be imposed on them. And it shall be the duty of the pages to act under and as directed by the presiding officers of the respective houses. It shall also be the duty of the sergeant-at-arms to procure a national flag, and to place the same on the top of the capitol building, there to be kept during the time each or either of the two houses shall be in session, and after the adjournment of the two houses the said flag shall be taken down and kept down until the opening of the session of one of the two houses.

3568 SEC. 15. [Proposals for printing.] The auditing board for state printing, consisting of the secretary of state, auditor of public accounts, and state treasurer, shall within thirty days after the adjournment of each session of the legislature receive proposals from the daily newspapers of the state for one publication in said paper of a statement to be prepared by the auditor of public accounts as hereinafter provided. [1877, § 1, 157.]

3569 SEC. 16. [Contract.] The said board of audit shall award the contract to one of the three daily papers having the largest daily circulation in the state, the same to be ascertained by the affidavit of the publishers thereof, and from such other reliable information as said board may be able to obtain. [Id., § 2.]

3570 SEC. 17. [Auditor to prepare statements.] After said award has been made as aforesaid, the auditor of public accounts shall prepare, or cause to be prepared, a certified statement of all appropriations whatever made by the last session of the legislature, and also a full statement of the expenses of said legislative session, specifying the amount of each item, and to whom and for what paid. [Id., $ 3.1

3571 SEC. 18. [Expenses.] The expenses incurred by virtue of the provisions of this act shall be audited and paid in the manner now provided by law for the payment of other state printing. [Id., § 4.]

3572 SEC. 19. [Legislative supplies-Advertisement-AmountContract.] Sixty (60) days prior to the convening of any regular session of the legislature, the Board of Public Lands and Buildings shall advertise in the same manner as for other bids for supplies for not to exceed five hundred ($500) dollars worth of stationery and such supplies as the board may deem essential for the use of the legislature in opening its session, said board to designate the supplies wanted, and to be empowered to reject any or all bids, and readvertise, if deemed essential, and said board shall enter into a contract with the lowest responsible bidder, when that fact is determined, who shall give a bond of equal amount of the aggregate of his bid to faithfully perform his contract. [1895, chap. 46, § 1]

3573 SEC. 20. [Same-Delivery-Bills-Invoice-Approval.] The person or persons to whom the contract is awarded, as provided for in the foregoing

SECS. 15-18. "An act to provide for preparing and publishing a full statement of moneys expended at each session of the legislature." Laws, 1877, 157. Took effect June 1, 1877.

SECS. 19-25. "An act to provide for the method of purchasing all manner of supplies for the legislature and to regulate the use and care of the same, and providing a penalty for the violation thereof, and repealing all statutes in conflict therewith." Took effect Aug. 1, 1895. Laws, 1895, chap. 46.

section, shall deliver all of the goods provided for in the contract to the order of the Board of Public Lands and Buildings, on or before the first day of the session of the legislature, and shall present therewith, at the time of the delivery of the goods, a complete invoice or bill of the same to said board, which bill shall be presented to the Committee on Claims of the house, with the approval of the board, for allowance, if found correct. [Id., § 2.]

3574 SEC. 21. [Same-After legislature convenes.] All other supplies, of whatever kind, required for the use of either or both branches of the legislature, shall be purchased by resolution of the branch desiring the same, reciting the kind and quantity wanted, which resolution shall be certified to the Board of Public Lands and Buildings, and said board shall immediately purchase the supplies so demanded, on the open market and at the lowest prices obtainable, when said supplies shall be immediately delivered and the bills and invoices therefor submitted as provided in section 2 of this act. [Id., § 3.]

3575 SEC. 22. [Ample supplies on hand-No advertising.] When, at any time, the Board of Public Lands and Buildings shall determine that there are ample supplies on hand, belonging to the state, for the proper use of the legislature in convening, said board shall not advertise for or let any contract for supplies, as provided for in section 1 of this act. [Id., § 4.]

3576 SEC. 23. [Invoices-Verification.] The Board of Public Lands and Buildings shall carefully receive all supplies furnished the legislature and check the same with the invoice submitted therewith, and refuse to allow any bills for any supplies that are not as contracted and properly delivered and checked as hereinbefore provided. [Id., § 5.]

3577 SEC. 24. [Surplus supplies-Preservation.] Immediately n the adjournment of any session of the legislature the said board shall carefully invoice and store away and preserve, in a room especially provided for that purpose, in the capitol building all manner of legislative supplies then on hand, except the fixtures in the respective legislative halls, a copy of said invoice to be filed with the secretary of state which said copy shall be delivered to the Speaker of House at following session, and all such supplies shall be preserved under lock for the use of the next legislature. [Id., § 6.]

3578 SEC. 25. [Removing supplies-Larceny.] No person shall be allowed to remove from either branch of the legislature any supply or fixture, or other thing, belonging to the state, except as in section 6 provided, and any one adjudged guilty of the violation of this section shall be punished as the statutes provide for larceny. [Id., § 7.]

CHAPTER 49.-LIBRARIES.

3579 SECTION 1. [Establishment-Taxes.] The city or town council of each incorporated city or town shall have power to establish and maintain a public library and reading room for use of the inhabitants of such city or town, and may levy a tax of not more than one mill on the dollar annually, to be levied and collected in like manner as other taxes of said city or town, and to be known as the library fund. [1877, § 1, 150.]

3580 SEC. 2. [Directors.] When any city or town council shall have decided by ordinance to establish and maintain a public library and reading room under this act, they shall elect a library board of nine directors, to be chosen from the citzens at large, of which board neither the mayor or any member of the city or town council shall be a member. Such directors, first elected, shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years, from the first day of July following their appointment, and three directors shall be chosen annually thereafter, and in cases of vacancies by resignation, removal, or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as a member of such board, and such directors shall give such bond as the council may require.

3581 SEC. 3. [Same-Powers-Duties.] Such directors shall, immediately after their appointment, meet and organize, by electing one of their number president and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations for their own guidance, and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city or town council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting or construction of any library building, the supervision, care and custody of the grounds, rooms, or buildings, constructed, leased, or set apart for that purpose.

3582 SEC. 4. [Funds.] Any tax levied or collected, or funds donated thereto, shall be kept for the use of such library separate and apart from other funds of said city or town, and shall be drawn upon by the proper officers upon the authenticated vouchers of the library board, and shall not be used or disbursed for any other purpose.

3583 SEC. 5. [Board-Powers-Rules.] The library board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate building, for the use of such library; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appointments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation, and to maintain its usefulness and efficiency, and to fix and impose by general rules, penalties, and forfeitures, for trespasses, or injury unon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

CHAP. 49. "An act to authorize towns and cities to establish and maintain free public libraries and reading Laws, 1877, 150. Took effect June 1, 1877.

rooms."

3584 SEC. 6. [Library free.] Every library and reading room established under this act, shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulations as the library board may adopt to render said library and reading room of the greatest use to the inhabitants of said city or town, and the board may exclude from the use of the library and reading rooms, any person who shall willfully violate or refuse to comply with rules and regulations established for the government thereof.

3585 SEC. 7. [Report of board.] The library board shall, on or before the second Monday in June in each year, make a report to the city or town council, of the condition of their trust on the first day of June in such year, showing all moneys received or expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department; the number of books and periodicals ordered by purchase, gift, or obtained during the year, and the number lost or missing; the number of visitors attending; the number of and character of books loaned or issued, with such statistics, information, and suggestions, as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board.

3586 SEC. 8. [Regulations amended.] Any by-law or regulation established by the library board, may be amended or annulled by the council of said city

or town.

3587 SEC. 9. [Penalties, how recovered.] Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before the police judge, or any justice of the peace, or other court having jurisdiction; such action to be instituted in the name of the "library board of the city or town library," and moneys collected in such action shall be forthwith placed in the city treasury to the credit of the library fund.

3588 SEC. 10. [Donations.] Any person may make any donation of money or lands for the benefit of such library, and the title to property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of such city or town.

3589 SEC. 11. [Exemptions.] The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property.

3590 SEC. 12. [Deposits of reading matter by owners.] The library board shall have power to authorize any circulating library, reading matter, or work of art, of any private person, association, or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation, or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked, and kept upon shelves apart from the books of the public city or town library, and every such private or associate library, or other property so deposited in any public library, while so placed or remaining shall be subject to use and reading within the library room without charge by any person, an inhabitant of said city or town, and entitled to the use of the free library.

CHAPTER 50.-LIQUORS.

3591 SECTION 1. [Petition to county board.]-The county board of each county may grant license for the sale of malt, spirituous and vinous liquors, if deemed expedient, upon the application by petition of a majority of the resident free holders of the town, if the county is under township organization, and if not under township organization, then a majority of the resident freeholders of the precinct where the sale of such liquor is proposed to take place, setting forth that the applicant is a man of respectable character and standing and a resident of this state, and praying that license may be issued to him. Such application to be filed in the office of the county clerk and upon the payment into the county treasury of such sum as the board may require, not less than five hundred ($500) dollars for each license, and upon the compliance with the provisions of this act; Provided, Such board shall not have power to issue any license for the sale of any liquors in any city or incorporated village or within two miles of the same. Provided, In counties having one hundred and fifty thousand (150,000) inhabitants the county commissioners may also issue licenses within two (2) miles of any city in said county. [1881, chap. 61. 1891, chap. 34.]

CHAP. 50. "An act to regulate the license and sale of malt, spirituous, and vinous liquors and to repeal chapter LIII of the code of criminal procedure of the General Statutes of 1873, entitled "License and sale of liquors,' and to repeal an act entitled "An act to amend section 575 of chapter 58 of the criminal code" approved February 9, 1875, and to repeal an act entitled "An act to regulate the issuance of licenses for the sale of malt, vinous, and spirituous liquors in the State of Nebraska, approved February 25, 1875." Took effect July 1, 1881. Laws, 1881, chap. 61. General view of the law considered. 19 Neb., 207. Legislature has power to regulate sale and to fix price of license. 7 Id., 381. Business may be carried on by agent. 11 Id., 372. Assignee liable to indictment although city council had authorized, and clerk had issued, an original license (in form). 11 Id., 372. Ordinance closing saloon at 10 P. M., held, valid. 14 Id., 25. Law applies to druggists. 11 Id., 190. Sale by druggists; general rule. 17 Id., 417. Failure of defendant to claim as a licensed druggist, held, for the purpose of that trial to be an admission that none existed. 17 Id., 415. Business can only be carried on under ordinances duly passed. 11 Id., 523. Bond running to municipality instead of to the state, held, good. 19 Id., 324. Filing of bond with clerk and issuing license is sufficient approval, and binding on sureties. Id. Recitals in bond binding on sureties. Id. Surety signing bonds of two or more dealers is liable on each. Id. Law constitutional: former privileges revoked. 11 Id., 572, 576. Indictment for obstructing "view of saloon with ground glass." 15 Id., 406. Punishment for sale of, on Sunday: indictment lies. 15 Id., 474. Selling liquor on Sunday; date of transaction not material ingredient of offense. 16 Id., 660, Wholesale dealers are not exempt from the provisions of liquor law. 17 Id., 317. Each act of selling under sec. 11, is an offense punishable by indictment. Indictment charging selling, etc., of all liquors named in section with a continuando, held, bad. 16 Id., 491. Names of persons to whom liquor was sold, if known, should be alleged in indictment, or fact of their being unknown averred; not necessary to allege price at which liquor was sold. 16 Id., 608. Liability of liquor seller for sale to individual drinker. 20 Id., 557. Petition to recover damages in case stated, held, sufficient. Id. Submission of prohibitory and high license amendment to constitution. 25 Id., 876. Sale in violation of law; several distinct offenses may be joined in same indictment and separate sentence passed upon each count upon which defendant is found guilty. 25 Id., 584. Authority to issue licenses invested in commissioners for portions of county outside of cities and towns; inside, city and town officers have authority. 5 Id., 313. License money accruing in towns and cities belongs to school fund of county. 5 Id., 308. Rule changed by constitution of 1875, and money belongs exclusively to cities in which collected. 8 Id., 31, 161. 9 Id., 351. Cities of second class may impose an occupation tax in addition to tax for license to sell liquors. 19 Id., 203. Fines, penalties, and license moneys which arise under general laws of the state belong to county school fund. 14 Id., 479. All license money imposed as a condition of obtaining a license and not as a tax, belongs to the school fund. 17 Id., 219. Exaction of license fee an exercise of power of taxation. 5 Id., 516. Contra, 7 Id., 380. 11 Id., 566. Applicant for license entitled to receive it for unexpired term for which he had previously paid, on credit of his former payment, first license being void. 12 Id., 471. Money deposited for license is property of applicant until license issues. 6 Id., 15. Money deposited for license cannot be garnished where applicant is selling under license issued. 13 Id., 407. License not assignable. 11 Id., 372. License no protection from liability for damages. 9 Id., 308, 315. Appeal by remonstrants from order granting license must be taken as soon as transcript can be prepared: appeal not perfected in sixty days, held, too late; license issued after reasonable time to take appeal has elapsed, but before same is taken, is valid, notwithstanding notice of intention to appeal. 13 Id., 13. Treasurer not liable for license money paid on facts stated. 15 Id., 501. Refunding license money when license is canceled. Id. Applicant not required to take out second license under facts stated. 6 Id., 110. Officers have discretion in issuance of license, and their action cannot be controlled by mandamus. 12 Id., 56. Remonstrance; duty of board to set a day and hear testimony and render decision thereon. 20 Id., 521. If license board refuse to review testimony in support of a remonstrance, district court on appeal will remand cause for that purpose. Id., 522. Provisions of statute relative to hearing of remonstrance against issuance of license are mandatory. 18 Id., 433. 19 Id., 169. 20 Id., 472. License board have no authority to issue license without appointing a time for hearing of remonstrances filed, and investigating the same. 24 Id., 612. License issued without complying with law will be recalled and canceled. Id. Section 3. construed; words used are words of limitation only to extent of limiting discretionary power of board to grant and issue such license to cases where neither of objections named in statute are shown to exist. Id. Where remonstrance to issuance of license is filed, and upon hearing license is granted, and appeal from such decision taken by remonstrants, it is the duty of licensing board to withhold license until expiration of time for appeal to be perfected; and if license be issued, to recall same until hearing on appeal is determined. 24 Id.. 519. Appeal under sec. 4 is in no sense a proceeding in error, but an appeal requiring a decision upon merits of the case. Id. Upon application for mandamus to compel appointment of time for hearing of remonstrance no defense to allege,