defendant or defendants, which sum, when collected, shall be paid into the county reasury, for the use of the county.

SEC. 30. [Taxing costs.]-In all actions, motions and proceedings in the supreme, district or justice's courts, the costs of the parties shall be taxed and entered on the record separately.

SEC. 31. [Advance fees.]-The clerks of the supreme court and of each district court, the register in chancery, probate judge, sheriff, justice of the peace, constable, or register of deeds, may in all cases require the party for whom any service is to be rendered, to pay the fees in advance of the rendition of such service, or give security for the same, to be approved by the officer.

SEC. 32. [Bill of particulars.]-It shall be lawful for any person to refuse payment of fees to any officer who will not make out a bill of particulars, signed by him, if required, and also a receipt or discharge signed by him for fees paid.

SEC. 33. [Items.--No sheriff, coroner, or constable shall be entitled to receive on mesne or final process, any fees provided for in this chapter, unless he shall return upon the process upon which any charge shall be made, the particular items of such charge.

SEC. 34. [Penalty.]-If any officer whatever, whose fees are herein before expressed and limited, shall take greater fees than are so hereinbefore limited and expressed, for any service to be done by him in his office, or if any such officer shall charge or demand, and take any of the fees herein before ascertained and limited, where the business for such fees are chargeable shall not be actually done and performed, such officer shall forfeit and pay to the party injured, fifty dollars, to be recovered as debts of the same amount are recoverable by law.

SEC. 35. [Tables to be posted.]-All officers, whose fees are by this chapter determined, are hereby required to make fair tables of their respective fees, and keep the same in their respective offices in some conspicuous place, for the inspection of all persons who shall have business in said offices; and if any such officer shall neglect to keep a table of fees in his office as aforesaid, such officer shall, for each day of such neglect so to keep a table of fees of his office, forfeit and pay the sum of five dollars, to be recovered by action at law, before any justice of the peace, for the use of the county in which the offense shall have been committed.

SEC. 36. [Bailiffs.]-It shall be the duty of the district court, at each term of court, to appoint a competent number of bailiffs to wait on the grand jury and court during the term, who shall be allowed for their services two dollars per day, to be paid by the county.

SEC. 37. [Revenue stamps.]-All officers whose fees are herein before limited, and expenses are allowed, may charge and demand as herein before allowed, the price of all United States revenue stamps required to be used in the discharge of their official duties, and the same shall be taxed with costs, as in other cases of fees.

SEC. 38. [Oath.]-Every officer, whose salary is in the nature of a per diem, shall, before drawing any money on account of such salary, subscribe an oath or affirmation in the following form:

I, A. B., do solemnly swear (or affirm), that I have been- days necessarily and diligently engaged in the duties of my office as (insert title of officer.) Attest by (Officer's name.) Any disbursing officer of this state who shall pay any portion of the salary of any officer aforesaid before such oath or affirmation is subscribed, shall forfeit to this state the sum of fifty dollars, which forfeiture ay be sued for by any tax-payer.

UNCLAIMED WITNESS FEES.

SEC. 39. [Notice.]-That in all cases where witness fees shall be paid to

SEC. 34. This section is not in violation of sec. 5, art. VIII of the constitution requiring "all fines, penalties" etc. to be paid into the school fund. 9 Neb. 184. SECS. 39-41. "An act to dispose of witness fees in certain cases." Laws 1877, 225. Took effect June 1, 1877.

the clerk of the district court, county judge, or justice of the peace, in pursuance of judgment of any of said courts, and shall remain in their or either of their hands uncalled for by the parties entitled thereto for the period of six months after the same have been paid in as aforesaid, it shall be the duty of the said clerk, county judge and justice of the peace, to prepare a list under oath of the causes in which said fees have been paid and remain uncalled for, with the amounts in each cause and the date of judgment, and present and file the same with the county commissioners of the respective counties on the first Tuesday in January, April, July and October in each year; and it shall be the duty of said county commissioners, within twenty days after the filing of said report, to cause a notice to be published in some weekly newspaper of general circulation published in the county, for at least two consecutive issues of said paper, a notice, as follows:

To whom it may concern: Report having been made to the board [of] county commissioners of county, Nebraska, by the clerk of the district court, county judge, and the several justices of the peace of said county, which report shows that there is now and has been for the last six months remaining in the hands of the said district clerk, county judge and justices of the peace, certain witness fees which have been uncalled for. Now, if such fees shall not be called for within six months from (insert the day upon which the first report was made) the same will be considered as forfeited, and will be paid into the common school fund of said county. [1877 § 1, 225.]

SEC. 40. [Paid into school fund.]-All fees remaining in the hands of such district clerks, county judge or justice of the peace for the period of six months after the same has been reported by them to the county commissioners, shall be paid over to the treasurer of the county, who shall receipt in duplicate for the same, one of which receipts shall be filed with the county clerk, and all such fees shall be credited to the common school fund of the county. [Id. §2.1

SEC. 41. [Examination of dockets.]-It shall be the duty of the county commissioners to examine the books and dockets of the several officers herein named, and if they find that they have failed to report or pay over any of the money or fees intended to be paid over or reported by any of the provisions of this act, it shall be the duty of said county commissioners to notify such officers to pay over such moneys, or fees, at once, and if said officer shall fail to pay over such fees or moneys to the county treasurer as herein before provided, it shall be the duty of said county commissioners, and they are hereby authorized to commence suit in any court having jurisdiction, against the officer (and his bondsmen) offending against the provisions of this act; said action shall be commenced in the name of the president of the board of county commissioners for the use of the common schools of their respective county. [Id. § 3.]

REGULATIONS CONCERNING FEES OF COUNTY OFFICERS.

SEC. 42. [Fees in excess of certain amounts.]-That every county judge, county clerk, county treasurer and the sheriff of each county, whose fees shall in the aggregate exceed the sum of fifteen hundred dollars each for county judge and county clerk, and two thousand dollars each for sheriffs and county treasurers per year shall pay such excess into the treasury of the county in which they hold their respective offices; Provided, however, That in counties having over twenty-five thousand inhabitants, the county treasurer shall receive the sum of three thousand dollars per annum, and shall be furnished by the county commissioners the necessary clerks or assistants, whose combined salary shall not exceed the sum of twenty-four hundred dollars per annum. . The sheriff shall receive the sum of twenty-five hundred dollars per annum, also the necessary jail guard and one deputy, and the salary of such deputy shall be nine hundred dollars per annum. The county clerks of such counties shall receive the sum of twenty-five hundred dollars per annum, and he shall have one deputy whose salary shall be one thousand dollars per annum; And provided further, That [if}

the duties of any of the officers above named in any county of this state shall be such as to require one or more assistants, or deputies, then such officers may retain an amount necessary to pay for such assistants or deputies, not exceeding the sum of seven hundred dollars per year, except as above provided in counties having over twenty-five thousand inhabitants, for each of such deputies or assistants, but in no instance shall such officers receive more than the fees by them respectively and actually collected, nor shall any money be retained for deputy service unless the same be actually paid to such deputy for his service; And provided further, That neither of the officers above named shall have any deputy or assistants unless the board of county commissioners shall, upon application, have found the same to be necessary, and the board of county commissioners shall in all cases prescribe the number of deputies or assistants, the time for which they may be employed, and the compensation they are to receive. [1877 § 1, 215.] SEC. 43. [Report to county board.]-Each of the officers named in section one of this act shall on the first Tuesday of January, April, July and October of each year make a report to the board of county commissioners under oath showing the different items of fees received, from whom, at what time and for what service, and the total amount of fees received by such officer since the last report, and also the amount received for the current year. [Id. § 2.]

SEC. 44, [Fee book.]—Each of the officers named in section one of this act shall keep a book, which shall be provided by the county, and which shall be known as the fee book, and shall be a part of the records of such office, and in which shall be entered each and every item of fees collected, showing in separate columns, the name of the party, from whom received, the time of receiving the same, the amount received, and for what service the same was charged. [Id. § 3.] SEC. 45. [Penalty.]-Any of the officers named in section one of this act, who shall omit to comply with the provisions of this act, or shall fail or neglect to keep a correct account of the fees by him received, or shall fail and neglect to make a report to the board of county commissioners as herein provided, or shall wilfully or intentionally omit to charge the fees provided by law, with intent to evade the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction, shall for each offense be fined in any sum not less than twenty-five dollars, nor more than one hundred dollars; and any officer named in this act who shall make a false report under oath, shall be guilty of perjury, and punished accordingly. [Id. § 4.]

SEC. 46. [Fees belong to general fund.]-All fees paid into the treasury of any county under the provisions of this act, shall be applied to the general fund of such county, and shall be distributed as provided by law. [Id. § 5.]

NUMERICAL INDEX.

SEC. 47. [Compensation for transferring records.]-County clerks for compiling the transfers from the records of their office shall receive for each transfer the sum of fifteen cents, or such other sum-not exceeding fifteen cents-as the county commissioners and the county clerk may agree upon, to be paid by the county. [1881 § 1, chap. 41.]

SEC. 48. [Entries on numerical index.]-For entering each instrument presented for record in the numerical index after the completion of said index the clerk shall receive the sum of fifteen cents to be paid in advance by the person offering the instrument for record. [Id. § 2.]

CHAPTER 29.-FERRIES.*

SECTION 1. [License.]-No person shall be permitted to keep a ferry across any stream running through or bounding on any county in this state without having

SECS. 42-6. "An act to regulate the fees of county judges, county clerks, sheriffs and county treasurers." Laws 1877, 215. Took effect Jan. 1, 1878. 7 Neb. 493. 9 Id. 87.

SECS. 47-48. "An act to provide for the compensation of county clerks for compiling numerical index from the records in their offices in counties in which there had been no numerical index kept prior to Sept. 1st, 1879." Approved and took effect March 2, 1881. Laws 1881, 221.

*NOTE.-Chap. XX, R. S. 173. Chap. 23, G. S. 386.

first obtained a license from the board of county commissioners of the proper county for that purpose, as hereinafter provided. [R. S. 173. G. S. 386.]

SEC. 2. [Notice of application.-The person applying for such license shall produce satisfactory evidence to the board of county commissioners, by affidavit of the applicant or otherwise, of his having given notice by advertisement, set up in at least three public places in the precinct or neighborhood where the ferry is proposed to be kept, twenty days prior to the sitting of the board of commissioners, of his intention to apply to such board, at their next regular term, for license to keep such ferry.

SEC. 3. [County board may grant license.]-The board of county commissioners being satisfied that the notice hereby required has been given, that a ferry is needed at said place, and that the applicant is a suitable person to keep the same, are hereby authorized to grant to the applicant a license to keep the same for a term not less than one year nor more than ten years, on the applicant paying into the county treasury of the proper county, a sum to be fixed by the board of county commissioners, not less than two dollars nor more than five hundred dollars annually; and on the applicant producing the county treasurer's receipt for the sum so fixed he or she shall receive from the clerk of the said board of county commissioners, a license under the seal of said clerk, for which he or she shall pay the clerk the sum of fifty cents.

SEC. 4. [Exclusive rights.]-The person owning or possessing land on both sides of any stream, where a ferry is proposed to be established, shall have exclusive right to a license for a ferry at such place, and when the opposite banks are owned by different persons the right to a ferry shall be mutual; but if the owner does not apply to the board of commissioners, the board shall grant a license to any person applying for the same, except where either of the landings are not on a public highway, in which case the consent of the owner of the ground shall first be had in writing; Provided, That nothing herein contained shall be so construed as to prevent any person from ferrying persons across a small stream in high water; and the board of county commissioners are hereby authorized to direct the county clerk to give any person a permit for that purpose, when in their opinion the stream is too small to justify the expense of a license; Provided, also, When any person shall apply for a renewal of his license, at the same place where he kept a ferry the preceding year, the same may be granted or renewed without notice or petition.

SEC. 5. [Renewal of license.]-When a license shall expire in vacation, and the person who obtained the same shall procure a renewal, the latter license shall include the time from the expiration of the former, as well as the time to which it shall extend in future, and the applicant shall pay a rateable proportion for the whole time therein mentioned, and shall thereupon be exonerated from any penalty to which he would be otherwise liable; Provided, however, That in all applications for license, the board of commissioners may grant or refuse the same at their discretion.

SEC. 6. [Boats-Penalties.]-Every person obtaining a license to keep a ferry, shall provide and keep in good repair a good and sufficient boat, for the 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 or 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.

SEC. 7. [Release from penalties.]-Should the county commissioners refuse to renew the license of a ferryman, 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.

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 at the door of his ferry-house or in some conspicuous place convenient to said ferry.

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.

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.

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.

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.

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.

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

SEC. 15. [Penalty.]-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 transfer, such person or persons or company, shall incur a penalty of ten

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.