person or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person licensed, or by his agent or servant.'

*Sec. 7. Provides that any person held as principal or surety on such license bond shall not become surety on any other bond of like character.

Sec. 8. Every person licensed as herein provided, who shall give or sell any malt, spirituous and vinous liquors, or any intoxicating drinks to any minor, apprentice, or servant, under twenty-one years of age, shall forfeit and pay for each offense the sum of twenty-five dollars.

*Sec. 9. Any minor who misrepresents his age so as to evade the provisions of Section 8, shall be guilty of a misdemeanor and fined for every offense not exceeding twenty dollars, or imprisoned in the county jail not exceeding thirty days, or both.

Sec. 10. Every person so licensed who shall sell any intoxicating liquors to any Indian, insane person, or idiot, or habitual drunkard, shall forfeit and pay for each offense the sum of fifty dollars.

*Sec. 11. Disposing of the above named liquors without a license is deemed a misdemeanor, and if convicted, the fine for each offense shall be not less than one hundred ($100) dollars, or more than five hundred ($500) dollars, or be imprisoned in the county jail not to exceed one month, and shall be liable in all respects to the public and to individuals the same as if he had given bonds and obtained a license; Provided, That any person shall be allowed to sell without license wine made from grapes grown or raised by said person on land belonging to or occupied by said person in the State of Nebraska, the same to be sold in quantities of not less than one gallon.

*Sec. 14. Provides that any person dispensing such liquors on any election day, or on Sunday, shall be fined the sum of one hundred dollars.

Sec. 15. The person so licensed shall pay all damages that the community or individuals may sustain in consequence of such traffic, he shall support all paupers, widows, and orphans, and the expenses of all civil and criminal prosecutions growing out of, or justly attributed to, his traffic in

intoxicating drinks; said damages and expenses to be recovered in any court of competent jurisdiction by any civil action on the bond named and required in section six of this act, a copy of which, properly authenticated, shall be taken in evidence in any court of justice of this state; and it shall be the duty of the proper clerk to deliver, on demand, such copy to any person who may claim to be injured by such traffic.

Sec. 16. It shall be lawful for any married woman, or any other person at her request, to institute and maintain, in her own name, a suit on any such bond for all damages sustained by herself and children on account of such traffic, and the money when collected shall be paid over for the use of herself and children.

*Sec. 17.

Provides for the maintenance of intemperate paupers by persons holding licenses as above.

Sec. 18. On the trial of any suit under the provisions hereof, the cause or foundation of which shall be the acts done or injuries inflicted by a person under the influence of liquor, it shall only be necessary to sustain the action to prove that the defendant or defendants sold or gave liquor. to the person so intoxicated, or under the influence of liquor, whose acts or injuries are complained of, on that day or about that time when said acts were committed or said injuries received; and in an action for damages brought by a married woman, or other person whose support legally devolves upon a person disqualified by intemperance from earning the same, it shall only be necessary to prove that the defendant has given or sold intoxicating drinks to such person during the period of such disqualification.

Sec. 19. All suits for damages and expenses arising under this act may be commenced and prosecuted before a justice of the peace, where the damages claimed do not exceed the jurisdiction of said justice, although the penalty in the bond may exceed that amount, and the judgment shall be for the damages proved.

*Sec. 20. Provides for complaints and penalty for the unlawful sale of liquors.

*Sec. 21.

liquors.

*Sec. 22.

For trials; and seizing and destruction of

Punishment; and the disposal of liquors in case

the defendant is acquitted.

Sec. 23. All fines and penalties recovered under the provisions of this act shall, when collected, be paid into the proper treasury for the use of the school fund, and the corporate authorities by whom such license was issued shall pay to the complaining witness in such action, out of the general fund of the county or city, an amount equal to onefourth of the sum actually collected and paid over to the school fund as aforesaid.

Sec. 24. The county board, under the restrictions contained in section one (1) of this act, may grant permits to druggists to sell liquors for medicinal, mechanical, and chemical purposes upon a compliance with all the provisions hereinbefore contained and subject to all the requirements and penalties contained in this act, except that no license fee shall be required except the cost of issuing said permit.

*Sec. 25. Provides that the corporate authorities of all cities and villages shall have power to license, regulate, and prohibit the selling or giving away of all intoxicating liquors within the limits of such city or village, the license not to extend beyond the municipal year, and to determine the amount to be paid for such license, not less than five hundred ($500) dollars in villages and cities having not more than ten thousand (10,000) inhabitants, and not less than one thousand ($1,000) dollars in metropolitan cities and cities of the first class, and cities having more than ten thousand inhabitants; Provided, That in metropolitan cities the power to license to sell or give away such liquors shall be vested exclusively in the board of fire and police commissioners of such city; Provided further, That in cities of the first class having more than twenty-five thousand (25,000) inhabitants the power to license to sell or give away such liquors shall be vested exclusively in the excise board of such cities. Provided further, That in granting licenses or permits such corporate authorities in cities and villages, and the board of fire and police commissioners in cities of the metropolitan class, shall comply with and be governed by all the provisions of this act, in regard to granting of licenses and all the provisions and penalties contained in this act shall be applicable to such licenses and permits and the persons to whom they are granted; Provided,That the petition for license shall

be signed by thirty resident freeholders, or if less than sixty inhabitants, a majority of the freeholders of the ward or village where the sale of such liquors is to take place.

*Sec. 28. Provides for the arrest and punishment of any person found in a state of intoxication. The fine is ten dollars and the cost of prosecution or imprisonment in the county jail not more than thirty days, unless he gives information under oath when, where, and of whom he received the liquor, its name and character, which produced the intoxication.

*Sec. 29.

Provides that all vendors of intoxicating liquors under the provisions of this act shall keep the windows and doors of their places of business unobstructed by screens, blinds, paint, or other articles, and on conviction of violation of this act, shall be fined not less than twenty-five ($25) dollars, or be imprisoned in the county jail not to exceed ten days, or both, and shall have their licenses revoked by the authority granting the same.

*Secs. 31 and 32. Prohibits all persons from treating or giving away any intoxicating liquors to be drank in any saloon or where any such liquors are kept for sale, and any person treating or accepting any treat or gift of such liquors in any such saloon or place of vending, if convicted, shall be subject to a fine of ten dollars or imprisonment in the county jail for ten days, or both, and in addition shall pay into the court the sum of fifteen dollars to be paid to the prosecuting attorney, if one prosecutes the case, if not, it shall be paid into the school fund of the county in addition to the fine. *Sec. 33. Prohibits the sale or giving away of any intoxicating liquors at or within three miles from the place where any religious society or an assemblage of people collected for religious worship in any field or woodland; Provided, That this shall not affect distillers, manufacturers, or others in prosecuting their regular trades, etc.

*Sec. 34. Provides a penalty for the violation of the above, of a fine of not less than twenty, or more than one hundred ($100) dollars.

*Sec. 35.

That in any prosecution against any person or persons for a violation of the provisions of this act, if the defendant or defendants shall be acquitted, he or they shall

recover of the person or persons filing the complaint double the amount of his or their costs which said county judge or justice shall award.

CITIES OF FIRST CLASS OF MORE THAN 25,000 AND LESS THAN 100,000 INHABITANTS.

EXCISE BOARD.

*Ch. 13a, Art. 1, Sec. 91.

The excise board shall have the

exclusive control of the licensing and regulation of the sale of malt, spirituous, vinous, or intoxicating liquors in such city, and for that purpose shall hold a public session at least once each month at the council chamber in said city and a record of its proceedings shall be made and kept as a public record by the city clerk, who shall be clerk of said board. A majority of the board shall constitute a quorum. The excise board may license, restrain, regulate, or prohibit the selling or giving away of such liquors in said city, the license not to extend beyond the municipal year for which it is granted,

etc.

CODE OF CIVIL PROCEDURE.

TITLE I.-CIVIL ACTIONS.

Sec. 3. In such actions the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

TITLE II.-TIME OF COMMENCING CIVIL ACTIONS.

Sec. 5. Civil actions can only be commenced within the time prescribed in this title, after the cause of action shall have accrued.

*Sec. 6. An action for the recovery of the title or possesion of lands, etc., can only be brought within ten years after the cause of action shall have accrued. This shall also apply to mortgages.

Sec. 9.

Civil actions, other than for the recovery of real property, can only be brought within the following periods, after the cause of action shall have accrued.