415 SEC. 23. [Road overseer-Notice to land owner to destroy.] It shall be the duty of the road overseers of each and every road district where the Russian Thistle is found, to examine his respective district on the first Monday of July, August, September and October and wherever the Russian Thistle is found it shall be his duty to notify the party or parties in possession of said land, in writing or by publication if a non-resident in a newspaper of the county for three successive weeks commencing with the first week of June of each year and also the owners of said land that all Russian Thistles on his premises must be destroyed within one week after such notice or that he will proceed to destroy the same within one week thereafter. [Id., § 3.]

416 SEC. 24. [Road overseer to destroy thistles-Lessee-Payment of expenses.] In case the Russian Thistle is not destroyed on any land in their respective road district by the fifteenth day of August, it shall be the duty of the road overseer to proceed to destroy the same, and the cost of destroying the same shall be charged to the party or parties in possession of said land. Provided, that in case said party or parties are not the owners of said land, but occupy the same by lease or renters, then in that case there shall not be charged more than twentyfive cents per acre, and the balance of said amount shall be paid by the owner of said land to be collected the same and at the same time as other taxes; and it is further provided that in case the lessee of said land refuses or fails to pay the amount charged to them the same shall be assessed against the land occupied by them and collected the same as other taxes. When said charge is against the lessee of the land the same shall be due the owner from the renter or lessee and may be collected the same as any other debt. [Id., § 4.]

417 SEC. 25. [Same-On highways.] It shall be the duty of the road overseer to destroy all Russian thistles growing in the public roads, but in all cases where it is not a legal highway the owners or occupiers of the land shall destroy the Russian thistle up to their lines even if there has been land left for.a road and fence built inside of their line. The road overseers are hereby authorized to go on any land that the parties in possession of fail to destroy the Russian thistle on and destroy the same according to the provisions of this act. [Id., § 5.]

418 SEC. 26. [Road overseer-Fees.] The road overseer shall receive the sum of two ($2.00) dollars per day for the time actually used in inspecting and destroying Russian thistle and is hereby authorized to hire as much help as shall be necessary at not to exceed one dollar and fifty cents ($1.50) per day for each person so employed. [Id., § 6.]

419 SEC. 27. [Same-Report.] It shall be the duty of the road overseer to certify to the County Clerk on or before September 10th of each year the amount of work done, the cost of the same and the different amounts charged against the different pieces of land. [Id., § 7.]

420 SEC. 28. [County clerk-Report.] It shall be the duty of the county clerk to certify to the County Commissioners or Supervisors where counties are under township organization, the different amounts due overseers and their help, which shall be paid out of the county general fund. [Id., § 8.]

421 SEC. 29. [Expenses entered on tax list.] It shall be the duty of the county clerk to enter on the tax list, before they are turned over to the county treasurer, the different amounts charged as a special tax against land reported by the road overseer or city marshals. [Id., § 9.]

422 SEC. 30. [Road overseers violating act-Penalty. Road overseers who fail to do their duty under this law shall be deemed guilty of a misdemeanor, and shall on conviction be fined not less than fifty dollars ($50.00) or more than one hundred dollars ($100.00). [Id., § 10.]

423 SEC. 31. [Thistles in cities and towns.] In cities and towns it shall be the duty of the city authorities to destroy all Russian thistles in all streets and alleys, and all public grounds controlled by said city, and to notify all parties by publication or notice, the same as all city or town ordinances are published, on or before July 1st, that if all Russian thistles are not destroyed by August fifteenth the city marshal shall destroy the same and certify under oath the amount charged against each lot or plat to the county clerk, the same to be collected as other taxes. [Id., § 11.]

424 SEC. 32. [Railroads-Corporations.] It shall be the duty of all railroad companies or other corporate bodies owning or controlling land, to destroy the Russian thistles according to the provisions of this act, and in case of failure the marshal of the cities or towns, and the road overseer in their respective districts shall destroy the Russian thistles and certify under oath to the county clerk and the cost of doing the same shall be charged to the company and collected in the same manner, and at the same time as other taxes. [Id., § 12.]

425 SEC. 33. [Taxes-Special thistle fund.] The taxes imposed by this act shall be known as a special thistle tax, and shall be collected as other special taxes by the county and township collectors of taxes, and shall constitute a special fund to be known as the Special Thistle Fund, and the same shall be expended in destroying the Russian thistle and for no other purpose. [Id., § 13.]

426 SEC. 34. [Secretary of state-Furnish blanks.] The Secretary of State shall furnish to the county clerk of each county, to be distributed by him to the different road overseers of his county, blank notices on the back of which shall be printed this act, and also such other blanks as may be necessary to fulfill the provisions of this act. [Id., § 14.]

427 SEC. 35. [Seed adulterated with thistle seed-Penalty.] If any rson shall knowingly vend or dispose of any grass or other seed for seeding purposes, in which there is any of the seed of the Russian thistle, such person shall, for every such offense, be fined in the sum of twenty-five dollars, and he shall also be liable in damages to the person or persons injured thereby, for all damages resulting from the sowing of such seed, which damages may be recovered in an action of law. [Id., § 15.]

428 SEC. 36. [Overseer's report to county attorney-Attorney's duty to prosecute-Violation of act-Penalty.] It shall be the duty of each road overseer to report to the County Attorney each and every violation of the provisions of this act, and it shall be the duty of such County Attorney to immediately attend to the prosecution of parties guilty of any violation of this act, and any person, party or agent of any corporation who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be fined in such sums as in this act provided. [Id., § 16.]

CHAPTER 3.-AMENDMENTS TO THE CONSTITUTION.

429 SECTION 1. [Amendments-Proposal-Submission.] That amendments to the constitution may be proposed by joint resolution in either house of the legislature of this state, and if the same shall be voted for by three-fifths of all the members elected to each of the two houses in the manner provided by section one (1) of article fifteen of the constitution, the amendment or amendments proposed shall be submitted to the electors of this state for adoption or rejection in the manner hereinafter provided. [1877, § 1, 114.]

430 SEC. 2. [Same-Publication.] Such amendment, or amendments, shall be published in full by the secretary of state in one newspaper to be designated by him in every county in this state in which a newspaper is published, for at least three months before the next election of members of the legislature ensuing the passage of said proposed amendment, with notice prefixed thereto that at said election said proposed amendment or amendments will be submitted to the electors of this state for adoption or rejection. [Amended 1895, chap. 3.]

431 SEC. 3. [Ballots.] At such election on the ballot of each elector voting for the proposed amendment or amendments to the constitution shall be written or printed the words: "For proposed amendment to the constitution," and "Against said proposed amendment to the constitution."

432 SEC. 4. [Election-Notice-Returns-Canvass.] Public notice that the proposed amendment or amendments are to be voted upon shall be given as provided in section 1 of article 17 of the Constitution of this state and the returns shall be made and the votes canvassed in the same manner and by the same officers as now required by law in the case electing presidential electors, judges of the supreme and district courts and regents of the State University. [Amended 1895, chap. 4.1

433 SEC. 5. [Adoption-Proclamation.] If a majority of the votes cast at the election herein provided for, be for the proposed amendments, the governor, within ten days after the result is ascertained, shall make proclamation, declaring the amendments to be part of the constitution of the state.

434 SEC. 6. [Enrollment-Preservation.] Whenever any amendments to the constitution shall have been proposed to, and adopted by the electors of this state, as by this act provided, the same shall be enrolled and numbered in the order of time in which they may be adopted, and preserved by the secretary of state among the public records of his office.

435 SEC. 7. [Two or more amendments-Ballots.] Whenever at a session of the legislature more than one amendment to the constitution or proposition is submitted to a vote of the people it shall be the duty of the secretary of state to provide the ballots containing such propositions or proposed amendments in the form in which they are to be submitted to a vote of the people. [Laws, 1895, chap. 5, § 1.]

436 SEC. 8. [Ballots, how printed.] Said ballots shall be printed, both "official" and "sample" ballots in conformity with Section 139, Chapter 26, Compiled Statutes. [Id., § 2.]

CHAP. 3. "An act to provide the manner of proposing amendments to the constitution, and submitting the same to the electors of this state." Laws, 1887, 114. See Laws, 1887, chap. 2, for special act providing for recount of ballots, etc., on amendment voted at the election held in November, 1886, See also In re Senate File 31, 25 Neb., 864.

SEC. 4. Law referred to is sec. 53, chap. 26, post.

SECS. 7-15. "An act prescribing the manner in which two or more proposed amendments to the constitution are to be submitted to a vote of the people, and providing for the printing and distribution of ballots containing such proposed constituonal amendments." Took effect Aug. 1, 1895. Laws, 1895, chap. 5.

437 SEC. 9. [Ballots furnished counties.] The ballots printed in conformity with this act shall be furnished the county clerks of the several counties of this state at least twenty days before the election at which said proposition or amendments are to be voted upon. They shall be furnished the various counties to the number now required by Section 140, Chapter 26, Compiled Statutes in the case of ballots containing names of candidates to be voted for at said election. [Id., § 3.]

438 SEC. 10. [Ballots-Distribution to voter-Spoiled, etc.] It is hereby made the duty of the county clerk to distribute said ballots at the time and in the manner now provided by law in case of ballots containing names of candidates. The official ballots provided for in section 2 of this act shall be endorsed by the election officers, delivered to qualified voters and deposited in the ballot box in the same manner as now provided by law in the case of ballots containing names of candidates. And it is hereby made the duty of election officers to see that each qualified voter, when he receives his official ballot containing the names of candidates also receives one of the official ballots provided for in this act. The law now in force relating to spoiled and unused ballots shall apply to ballots furnished in conformity with this act. Sample ballots provided for in Section 2 of this act shall be distributed and used as now provided by law in the case of sample ballots containing names of candidates. [Id., § 3a.]

439 SEC. 11. [Ballots, how printed.] The various propositions or proposed amendments shall be printed on the ballots provided for in this act in such manner as will enable a voter to express by a cross mark (X) in a sufficient margin at the right of each proposition or proposed amendment the answer he wishes to give, Provided that it shall be lawful to place at the top part of the ballots in full faced type not less than one-eighth in height the words

"Amendments to the Constitution".......

Yes

No

A voter may then vote for or against all the proposed amendments or questions printed on the ballot, by simply making a cross mark (X) opposite the word "yes" or "no," according to the answer he wishes to give. [Id., § 4.]

440 SEC. 12. [Separate ballot box.] It shall be the duty of the county commissioners of each county to provide a separate ballot box for each voting precinct in which to deposit the ballots provided for in this act. [Id., § 5.]

441 SEC. 13. [Poll books-Tally lists.] It is hereby made the duty of the county clerk of each county to see that the poll books and tally sheets furnished each voting precinct are suitably printed and ruled so as to enable the election officers to make return of the votes cast on the various propositions or amendments submitted. [Id., § 6.]

442 SEC. 14. [Failure to make returns.] Should the officers of election of any election precinct refuse or fail to make return of the votes cast for and against any proposition or proposed amendment to the constitution they shall be deemed guilty of a misdemeanor and be fined in any sum not less than twenty-five dollars and not exceeding one hundred dollars. [Id., § 7.]

443 SEC. 15. [Repealed all acts and parts of acts in conflict.]

CHAPTER 4.-ANIMALS.

ARTICLE I.—MISCELLANEOUS.

444 SECTION 1. [Stock-growers and drovers.] Every person who shall keep neat cattle, horses, mules, sheep, or goats, for their growth or increase within the state shall be deemed a stock grower. Any person who shall drive or bring neat cattle into or through this state, shall be deemed a cattle drover. [1879, § 1, 67.] 445 SEC. 2. [Driving off cattle.] That any cattle drover or his employe, who shall drive off any neat cattle, horses, mules, or sheep, belonging to another, intentionally or through neglect, shall on conviction thereof, by any court of competent jurisdiction, be fined in any sum not more than one hundred (100) dollars for each and every head of cattle, horses, mules, or sheep so driven off. [Id., § 2.]

446 SEC. 3. [Description and ownership.] In any indictment or complaint under this act, the description of any kind or class of neat cattle shall be deemed sufficient if described as cattle, and for the purpose of this act the proof of brand shall be deemed to be prima facie evidence of ownership of such stock. [Id., § 3.]

447 SEC. 4. [Male animals not to run at large.] That no stallion over the age of eighteen months, nor any Mexican, Texan, or Cherokee bull over the age of ten mouths, nor any Mexican ram over the age of eight months, shall be permitted to run at large in the state of Nebraska. The owner, or person in charge of such animal or animals as are prohibited from running at large by this section who shall permit such animal or animals to run at large may be fined for each offense not less than fifty ($50) dollars, nor more than two hundred ($200) dollars, and it shall be lawful for any person to castrate or cause to be castrated, any such animal found running at large: Provided, That if any person shall castrate any stallion, bull, or ram, and it shall on proper evidence before any competent court be proven to the satisfaction of said court that such animal was not of a class of stock prohibited from running at large by this act, said person shall be liable for damages to the amount of the value of said animal so castrated, and the costs of suit: Provided, also, That for the purpose of this act that any bull possessing one-half (1) Texan, Mexican, or Cherokee blood shall not be deemed a Texan, Mexican, or Cherokee bull, as the case may be; and any ram possessing one-half Mexican blood shall not be deemed a Mexican ram.

448 SEC. 5. [Injuries by driven cattle.] Any person owning or having charge of any drove of cattle, horses, or sheep numbering one (1) head or more than that number in any such drove of cattle, horses or sheep, and shall drive the same into or through any county of Nebraska of which the owner is not a resident, or land owner, or stock grower, and when the land in said county is already occupied by settlers on ranches, it shall be the duty of said owner or person in charge of said horses, cattle, or sheep, to prevent the same from mixing with the cattle, horses, or sheep belonging to actual settlers, and also to prevent said drove of cattle from trespassing on such land as may be the property of the actual settler, or may be held by him under a homestead, pre-emption, or a leasehold right, and used by him for the grazing of animals, growing hay, or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops. If any owner or owners or persons in charge of any such drove of cattle, horses, or sheep shall wilfully, carelessly,

CHAP. 4, SECS. 1-9. "An act regulating the herding and driving of stock." Laws, 1879, 67. Took effect June 1, 1879. This act repeals Laws, 1875, 190; Laws, 1877. 137; and section 79, criminal code. G. S., 737. SEC. 4. Provision giving damages for castration of animals not constitutional. 13 Neb., 254.