insanity shall be allowed at the rate of three (3) dollars per diem each, for all the time actually employed in the duties of their office; they shall also be allowed their necessary and actual expenses, not including charges for board. The clerk, in addition to what he is entitled to as commissioner of insanity, shall be allowed one-half as much more for making the required record entries in all cases of inquest, and of meetings of the board for any purpose, and for the filing of any papers required to be filed; he shall also be allowed twenty-five (25) cents for each notice or process given or issued under seal as herein required. The examining physician shall be entitled to five dollars for each case examined, and mileage at the rate of ten cents per mile each way. The sheriff shall be allowed for his personal service in conveying a patient to the hospital and returning therefrom, at the rate of three dollars per day for the time necessary and actually employed, and mileage the same as is allowed in other cases, and for other service the same fees as for like services in other cases. Witnesses shall be entitled to the same fees as witnesses in the district court. The compensation and expenses provided for above shall be allowed and paid out of the county treasury in the usual manner. Whenever the commissioners of insanity issue their warrant for the admission of a person to the hospital, and funds to pay the expenses thereof are needed in advance, they shall estimate the probable expense of conveying such person to the hospital, including the necessary assistance, and not including the compensation allowed the sheriff; and on such estimate, certified by the clerk of commissioners of insanity, the county clerk shall issue his order on the treasurer of the county in favor of the sheriff or other person entrusted with the execution of such warrant; the sheriff or other person executing such warrant shall accompany his return with a statement of the expenses incurred; and the excess or deficiency may be deducted from or added to his compensation as the case may be; if funds are not so advanced, such expenses shall be certified and paid in the manner above prescribed, on the return of the warrant. When the commissioners of insanity order the return of a patient, compensation and expenses shall be in like manner allowed..

SEC. 51. [Penalty for neglect of duty.]--Any officer required as herein to perform any act, as herein provided, and any person accepting an appointment under the provisions of this act, and wilfully refusing or neglecting to perform his duty as herein prescribed, shall be guilty of a misdemeanor, besides being liable to an action for damages.

SEC. 52. [Warrant of commissioners.-The warrant of the commissioners of insanity, authorizing the admission of any person to the hospital as a patient, accompanied by a physician's certificate as herein provided, shall operate to shield the superintendent and other officers of the hospital against all liability to prosecution of any kind, on account of the reception and detention of such person in the hospital; Provided, Such detention shall be otherwise, in accordance with the laws and by-laws regulating its management.

SEC. 53. Seal to be affixed.-The superintendent shall affix the seal of the hospital to any notice, order of discharge, report or other paper required to be given by him, or issued.

SEC. 54. [Who are meant by "insane."-The term "insane" as used in this act includes every species of insanity or mental derangement. The term "idiot" is restricted to persons supposed to be naturally without mind; no idiot shall hereafter be admitted into the hospital for the insane; and all such idiots now in said hospital shall be discharged at the expiration of thirty days from the passage of this act, and it is hereby made the duty of the board of trustees to notify the commissioners of insanity of the county from which such idiots were sent, to remove said idiots from the hospital; and in case of neglect or refusal to comply with these provisions within thirty (30) days from the date of said notification, the superintendent shall cause said idiots to be returned to said counties at the expense of said county-which sum shall be collected in the same manner as provided for patients in section forty-seven of this act. When such idiots are removed they shall be provided for in the same manner as other poor.

SEC. 55. [Blanks.]-The trustees of the hospital shall provide for furnishing the commissioners of insanity, of the counties entitled to send patients to the hospital, with such blanks for warrants, certificates, etc., as will enable them with regularity and facility to comply with the provisions of the law, and also with copies of the by-laws of the hospital when printed.

SEC. 56. [Chaplain.]-The board of trustees may, if they deem desirable, and upon nomination of the superintendent, appoint a chaplain and prescribe his duties.

SEC. 57. [Insane from other states.]-Insane persons may be admitted from other states and territories upon equal footing and on same conditions as private pay patients. The sum to be paid monthly for the care, maintenance and treatment of such patients to be fixed from time to time by the board of trustees, and to be collected quarterly in advance by the steward of the hospital and accounted for as other funds in his hands belonging to the state of Nebraska.

SEC. 58. [Salary of superintendent and assistant.]-The salary of the superintendent shall be twenty-five hundred dollars per annum and that of the assistant physician one thousand dollars per annum to be paid in the same manner as other state officers. [But see sec. 13.]

SEC. 59. [Insane Asylum at Norfolk.]-That said institution shall be under the charge of the board of public lands and buildings, and the governor shall appoint for said hospital such officers as are required in the hospital for the insane. And it is further provided that the board of public lands and buildings shall adopt such regulations as they may deem expedient in regard to what patients or class of patients shall be admitted to and provided for in the respective hospitals, or from what portion of the state patients, or certain classes of patients, may be sent to each or either hospital, and the said board may change such regulations from time to time as they may deem best, and they shall make such publication of these regulations as they may deem necessary for the information of those interested. [1885, § 3, chap. 55.]

SEC. 60. [Incurable Insane Asylum at Hastings.]-That said institution shall be under the charge of the board of public lands and buildings, and the governor shall appoint for said asylum such officers as may be required in said asylum. It is further provided that the board of public lands and buildings shall adopt such regulations as they may deem expedient for the proper management of an asylum for incurable insane, and the said board may change such regulations from time to time as they may deem best, and they shall make such publications of these regulations as they may deem necessary for the information of those interested. [1887 § 3, chap. 48.]

CHAPTER 41.-INSTRUMENTS NEGOTIABLE.

SECTION 1. [Endorsements.]-All bonds, promissory notes, bills of exchange, foreign and inland, drawn for any sum or sums of money certain, and made payable to any person or order, or to any person or assigns, shall be negotiable, by endorsement thereon, so as absolutely to transfer and vest the property thereof in each and every endorsee successively, but nothing in this section shall be construed to make negotiable any such bond, note, or bill of exchange, drawn payable to any person or persons alone, and not drawn payable to order, bearer or assigns; Provided, That all such bonds, promissory notes, and bills of exchange, made payable to bearer, shall be transferable by delivery without endorsement thereon. [R. S. 239. G. S. 426.]

SEC. 2. [Action by endorsee.]-Any endorsee to whom any such bond, note, or bill of exchange, made negotiable by the preceding section, is made payable by such endorsement or endorsements, may, in his own name, institute and maintain an action on such bond, note, or bill, for the recovery of the money due thereon, against the maker, drawer, or obligor, or against the endorsee, having first used due diligence to obtain the money of the drawer, maker, or obligor.

SEC. 3. [Days of grace.]-All notes, bonds, or bills, made negotiable by this chapter, shall be entitled to three days grace, in the time of payment, and the demand of payment, from the maker, on the third day of grace or of acceptance,

SECS. 59, 60. Other sections of law providing for erection of buildings, letting contracts, etc., being temporary in their nature, are omitted from this volume. SECS. 1-3. Cited 9 Neb. 298

if the instrument is a sight draft, and notice of non-payment, or non-acceptance thereof to the endorser, within a reasonable time, shall be adjudged due diligence under the provisions of this chapter, unless the endorsement shall express, in writing, other conditions.

SEC. 4. [Defense to suit by endorsee.]—If any such bond, note or bill of exchange shall be endorsed after the day on which it is made payable, and the endorsee shall institute an action thereon against the maker, drawer, or obligor, the defendant shall be allowed to set up the same defense that he might have done had the same action been instituted in the name and for the use of the person to whom the said note, bond, or bill was originally made payable.

SEC. 5. [Evidence of payment.]-If any such bond, note, or bill of exchange shall be endorsed on or before the day on which the same is made payable, and the endorsee shall institute an action thereon the defendant may give in evidence at the trial any money actually paid on said bond, note, or bill of exchange, before the same was endorsed or assigned to the plaintiff, on proving that the plaintiff had notice of such payment before such endorsement was made and accepted.

SEC. 6. [Action may be against drawers, makers, or endorsers jointly or severally.]—It shall be lawful for any person or persons having a right to demand any sum of money upon any protested bond, note, or bill of exchange as aforesaid, to commence and prosecute an action for principal, damages, interest, and charges of protest against the drawers, makers, or endorsers, jointly or severally, or against either of them separately. And judgment shall, and may be given for such principal, damages, charges, and interest upon such principal, after the rate aforesaid, to the time of such judgement, together with costs of suit.

SEC. 7. [Damages on protest.]-When any bill of exchange shall be drawn for the payment of any such sum of money, and such bill shall be legally protested for non-acceptance or non-payment, the drawer or drawers, endorser or endorsers, shall be subject to the payment of twelve per centum damages thereon, if drawn upon any person or persons, or body corporate, without the jurisdiction of the United States, and six per centum damages thereon, if drawn upon any persons, or body corporate, within the jurisdiction of the United States, and without the jurisdiction of this state.

SEC. 8. [Days to be observed as holidays.]-That the following days to-wit: the first day of January, February twenty-second, and the twenty-second of April which shall be known as "Arbor Day," the twenty-fifth day of December, the thirtieth day of May, and July fourth, and any day appointed or recommended by the governor of this state or the president of the United States, as a day of fast or thanksgiving, and when any one of these days shall occur on Sunday, then the Monday following, shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and the protesting and giving notice of the dishonor of bills of exchange, bank checks, or promissory notes, made after the passage of this act, be deemed public holidays, and be treated and considered as is the first day of the week commonly called Sunday; Provided, That when any one of these days shall occur on Monday, any bill of exchange, bank check, or promissory note, made after the passage of this act, which but for this act would fall due and be payable on such Monday, shall become due and payable on the day thereafter. [Amended 1835, chap. 56.] [Cited 17 Neb. 700. And see 18 Neb. 682.]

CHAPTER 42.-INSTITUTION FOR THE BLIND.

SECTION 1. [Establishment-Location.]-That there shall be maintained at Nebraska City, in the county of Otoe, an institution for the blind, and there is hereby appropriated for that purpose the sum of ten thousand dollars, for the erection of a building and the furnishing of the same; Provided, That the citizens of Nebraska City shall raise the sum of three thousand dollars, and when the said sum of three thousand dollars is raised and paid over to the board of trustees, either in money or in property, to the satisfaction of such board, then the board of trustees of said institution for the blind shall proceed to locate said

institution on not less than ten acres of land, and not to exceed one mile in distance from the court house in said Nebraska City. [1875, § 1, 149.]

SEC. 2. [Supervision-Powers of trustees.-The trustees shall have the general supervision of the institution, adopt rules for the government thereof. provide teachers, servants, and necessaries for the institution, and perform all other acts necessary to render the institution efficient, and to carry out the purposes of the establishment. Id. § 4.]

SEC. 3. [Compensation of officers and employees.-The board of trustees shall fix the compensation of all the officers and employees of said institution at such a rate as shall, by them be deemed just and equitable; Provided, That in no event shall the total amount of expenses of the institution exceed the total amount of the appropriation for the same. [Id. § 7.

SEC. 4. Assistants.-The assistant officers shall receive their appointment from the board, upon the nomination of the principal, for the faithful performance of their duties, and the principal shall be held responsible to the board for the performance of his duties. [Ià. § 8.]

SEC. 5. Non-resident inmates.-Persons not resident of the state shall be entitled to the benefits of this institution on paying to the treasurer thereof the sum of fifty dollars quarterly in advance; Provided, That no such person shall be so received to the exclusion of any resident of this state. ¡Id. § 9.1

SEC. 6. [Indebtedness-Limitation.-The board of trustees shall not create any indebtedness against the institution exceeding the amount appropriated by the legislature for the support thereof. [Id. § 11.]

SEC. 7. [Appropriation Ordinary expenses.]-To meet the ordinary expenses of the institution, including furniture, books and maps, the compensation of principal, matrons, teachers, and employees, and to provide for contingencies, there is hereby appropriated the sum of two thousand dollars annually, or so much thereof as may be necessary, to be drawn quarterly, and then only as necessary to meet the wants of the institution. [Id. § 12.]

SEC. 8. [Appropriation-Current expenses.] - For the purpose of meeting current expenses, there is appropriated out of the state treasury or so much as necessary, not to exceed forty dollars per quarter to each pupil in said institution; Provided, That such amounts shall be drawn by warrants upon the temporary school fund of the state. [Id. § 13.)

SEC. 9. [Report to governor.-The principal of said institution shall report to the governor on or before the fifteenth day of December preceding each regular session of the legislature, the number of pupils in attendance, with the name, age, sex, residence, place of nativity, and also the cause of blindness of each pupil. He shall also make a report of the studies pursued and trades taught in said institution, together with a complete statement of the expenditure, and also the number, kind, and value of articles manufactured and sold. [Id. § 14.]

SEC. 10. [Clothing for pupils.]-When the pupils of such institution are not otherwise supplied with clothing, they shall be furnished by the principal, who shall make out an account of the cost thereof in each case against the parent or guardian, if the pupil be a minor, and against the pupil, if he or she have no parent or guardian, or have attained the age of majority, which account shall be certified to be correct by said principal, and when so certified, such an account shall be presumed correct in all courts. The principal shall thereupon remit said accounts by mail to the treasurer of the county from which the pupil so supplied shall have come to said institution. Such treasurer shall proceed at once to collect the same by suit, in the name of his county, if necessary, and pay the same into the state treasury. The principal shall, at the same time, remit a duplicate of such account to the auditor of state, who shall credit the same to the account of the institution, and charge it to the proper county; Provided, If it shall appear by the affidavit of three disinterested citizens of the county, not of kin to the pupil, that the said pupil, or his or her parents, would be unreasonably oppressed by such suit, then such treasurer shall not commence said suit, but shall credit the same to the state on his books, and report the amount of such account to the board of county commissioners of his county, and the said board

shall levy sufficient tax to pay the same to the state, and to cause the same to be paid into the state treasury. [Id. § 15.]

SEC. 11. [Appropriations, how drawn.-The above appropriations, including account of clothing furnished pupils, shall be drawn monthly in advance, upon orders of the president and treasurer of said board of trustees, made on the auditor of the state, which said order shall recite the amount of funds then in the hands of the treasurer of said board, and the amount necessary to defray the expenses of the ensuing month, and thereupon the auditor shall draw his warrant on the state treasurer in favor of the treasurer of said board for the amount so shown to be necessary for the said monthly expenses of said instutition. [Id. § 16.]

SEC. 12. [Who admitted-Report of county superintendent.]— All blind persons resident of this state, of suitable age and capacity, shall be entitled to an education in this institution, at the expense of the state. Each county superintendent of common schools shall report to the principal of the institution for the blind, on the first day of April of each year, the name, age, residence, and post office address of every blind person, and every person blind to such an extent as to be unable to acquire an education in the common schools, and who reside in the county in which he is superintendent. [Id. § 17.1

CHAPTER 43. INSURANCE COMPANIES.

SECTION 1. [How formed.]-That hereafter, when any number of persons associate themselves together for the purpose of forming an insurance company, for any other purpose than life insurance, under the provisions of chapter twentyfive of the Revision of 1866, and all acts amendatory and supplementary thereto, they shall publish a notice of such intention once in each week, for four weeks, in some public newspaper in the county in which such insurance company is proposed to be located; and they shall also make a certificate under their hand, specifying the name assumed by such company and by which it shall be known, the object for which said company shall be formed, the amount of its capital stock, and the place where the principal office of said company shall be located, which certificate shall be acknowledged before and certified by some notary public or clerk of court of record, and forwarded to the auditor of state, who shall submit the same to the attorney general of state for examination, and if it shall be found by the attorney general of state to be in accordance with the provisions of this act, and not in conflict with the constitution and laws of the United States and this state, he shall make certificate of the facts, and return it to the auditor of state, who shall reject the name or title applied for by any company when he shall deem the same too similar to any one already appropriated by any other company, or likely to mislead the public. [G. S. 429.]

SEC. 2. When organized.-When the said certificate of the said company shall have received the approval of the attorney of state and auditor of state, the said company shall cause the same to be recorded as now required by law for recording articles of incorporation; and said persons, when incorporated, and having in all respects complied with the provisions of this act, are hereby authorized to carry on the business of insurance, as named in such certificate of incorporation, and by the name and style provided therein, and shall be deemed a body corporate with succession, they and their associates, successors, and assigns, to have the same general corporate powers, and be subject to all the obligations and restrictions of said chapter twenty-five of the Revision of 1866, and of such as may be amendatory or supplementary, except as may be herein otherwise provided.

SEC. 3. [Capital required.]-No joint-stock company shall be incorporated under the provision of this act, with a smaller capital than one hundred thousand dollars, nor more than one million dollars, as may be specified in the

NOTE. "An act regulating insurance companies." G. S. 429. See 16 Neb. 552. 18 Id. 277. See chap. 16, ante.