in a committee of three, consisting of the county clerk and two respectable stock owners of the county. The two stock owners shall be appointed by the county commissioners, they shall be men of good judgment and experience in brands, and when practicable shall be chosen from those largely interested in cattle. Vacancies occurring in the membership, other than the county clerk, shall be filled by the county commissioners. All brands offered for record shall be submitted before acceptance to this committee. The objection of any two shall reject a brand. It shall be the duty of the county clerk to file all brands offered for record pending the examination, which he shall cause to be made as promptly as possible, and if the brand is accepted, the ownership shall date from the date of filing.

82. [Committee-Appointment-Duties.]-It shall be the duty of the county commissioners immediately after the passage of this act, to make the appointment above specified, one of whom shall serve till the first day of January following, another until the first day of January the next succeeding year, the county commissioners appointing a member to serve for two years at their first meeting in the month of January in each year. After this shall have been done the county clerk shall at once call together the committee; they shall examine the present record of brands, and in any case where, in the judgment of two of them, a brand is found which conflicts with one previously recorded, or which might in its use endanger the property of the party owning the brand earliest of record, it shall be the duty of the county clerk to notify the party owning said brand last of record that the further use of the same will be illegal to the same extent as though it had never been recorded, unless previously agreed upon by owners of such brands, and a joint statement be presented to the recorder of brands by such brand owners; the said notice shall be given by letter, when possible, and also, and in all cases by publication for one month in two papers of general circulation in the county, the expense of which shall be paid on a proper voucher by the county commissioners; both forms of notice shall be given immediately after said examination and rejection. It is expressly provided that this enactment shall not in any way affect or invalidate the ownership of animals which were branded with said brand then registered previous to the examination and rejection, the object of this act being to make illegal and enjoin from the further use of said brand. The date of the last publication shall be considered to be the date of rejection.

83. It shall be the duty of any person who, after the passage of this act, brings into any county of this state and turns loose for grazing purposes any herd, brand, or individual animals already branded, to lay before the above committee a statement of the brands of said animals, and if in the judgment of any two of them said brands conflict with any previously recorded in that county, it shall be the duty of the owner or manager of said animals to brand them with a brand that the committee shall consider a full and distinguishing mark from all brands there recorded, but the owner shall be enjoined from any further use of the conflicting brand. A failure to comply with the above shall render the party so failing liable for all damages resulting from such failure, which damages may be recovered in a civil suit. It is further provided that this section shall apply to all animals now in any county in this state whose brands are considered by this committee to infringe on previously recorded ones.

84. In deciding as to the conflict of brands, the committee will reject any one that, being the same as one previously recorded, has in addition any of the following, whether placed across, above, below, at either side, or encircling the main braud, viz: a straight bar, a quarter, half, or entire circle, a quarter, half, or entire diamond, either upright or inverted, the same not constituting a true brand, and ren

dering the owner of the same brand liable to damage by its use, saving only when one or more of these shall be filed by the owner of the first record of the main brand, in which case it may be accepted. The committee shall reject any brand formed by repetition of any letter, number, or figure which shall have been previously recorded, whether to be placed on the same or on a different part of the animal; the exclusive right of the first record to the letter, number, or figure, and to repetition of it being reaffirmed. They shall also reject all brands known as solid brands, and all ear-marks which shall remove to exceed one-half of the ear. A variation in the size of the letter, number, or figure shall not constitute a new brand, and shall be rejected. A combination of letters, numbers, or figures may be permitted though the same letters, numbers, or figures may have been recorded singly or together, if in the judgment of the whole committee said combination is so different from any previous record as to constitute a new brand, with no danger of infringment; but in this case the objection of one member shall reject.

85. In all suits in law or in equity, or in any criminal proceedings, when the title to any stock is involved, the brand on any animal shall be prima facie evidence of the ownership of the person whose brand it may be; Provided, That such brand has been duly recorded as provided by law. Proof of the right of any person to use such brand shall be made by a copy of the record of the same, certified by the county clerk of that county or of any county in which the same is recorded under the hand and seal of office of such clerk.

LIENS.

Sec. 86. "An act to provide for liens upon live stock for their keeping." 1867 (Ter.), p. 12. In force February 18.

86. When any person shall procure, contract with, or hire any other person to feed and take care of any kind of live stock, the person so procured, contracted with, or hired shall have a lien upon such property for the feed and care bestowed by him upon the same for the contract price therefor, and in case no price has been agreed upon, then for the reasonable value of such feed and care. The person entitled to any lien under the provisions of this section may foreclose the same in the manner provided by law for the foreclosing of chattel mortgages; Provided, That at least thirty (30) days before the sale of property for the satisfaction of such lien, the person entitled thereto shall file in the office of the county clerk in the county in which said live stock may be fed and kept an affidavit describing said live stock, and setting forth the amount justly due for the feeding and keeping of the same.

Entirely rewritten. 1889, p. 378. In force June 30. Where livery man fed horses for owner but did not have possession of them, and owner mortgaged them, the mortgagee's lien was held superior to liveryman's. 12, 68, (10 N. W., 462). Must be procured, contracted with, or hired otherwise no lien. 20, 92 (29 N. W., 177).

Sec 87. "An act for the protection of owners of stallions, jacks, and bulls. 1883, p. 58. In force February 27.

87. [Lien on offspring.]-That owners of stallions, jacks, and bulls in the state of Nebraska have a lien upon the get of such stallion, jack, or bull for the period of nine months after the birth of same for the payment of the services of said stallion, jack, or bull; *Provided, That the owner of the stallion, jack, or bull shall have filed in the office of the clerk of the county in which such get is owned a description of the same, with date of birth, within one hundred and twenty days after the birth thereof. Said lien may be at any time after the filing of said description foreclosed in manner and form as provided by law for foreclosing of chattel mortgages.

Changed from six months and all after * added in 1887, p. 70.

HERDING, ESTRAYS, ETC.

Secs. 88 to 96. "An act regulating the herding and driving of stock." 1879, p. 67. In force June 1.

88. 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.

89. That any cattle drover, or his employee, 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.

90. 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.

91. That no stallion over the age of eighteen months, nor any Mexican, Texan, or Cherokee bull over the age of ten months, 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 cost of suit; Provided, also, That for the purpose of this act that any bull possessing one-half (3) 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.

Title is not comprehensive enough to authorize giving damages for castration of animals. 13, 253 (13 N. W., 276.)

92. 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, preemption, or 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 the irrigation of crops. If any owner or owners or persons in charge of any such drove of cattle, horses, or sheep, shall willfully, carelessly, or negligently injure any resident within the state by driving said drove of cattle, horses, or sheep from the public highways and herding the same on the lands occupied and improved by settlers in possession of the same, it shall constitute a misdemeanor, and shall be punished by a fine of not less than twenty ($20) dollars and not more than

one hundred ($100) dollars, at the discretion of the court, and render the owner or owners, or person in charge of the drove of cattle, horses, or sheep, liable for such damages as may be done to the property of said settler.

93. When the stock of any person shall be driven off its range within Nebraska against his will by the drovers of any drove, and the same shall be found among such drove, every person engaged as drover of said drove shall be liable for damages to the party injured to the amount of the full value for the animal for each head so driven off, together with all costs accruing in the trial of said cause, and said herd of stock shall be liable for the same, or a sufficient number to cover all damages and costs.

94. When the stock of any resident of the state of Nebraska shall either [?] mix with any drove of any animals it shall be the duty of the drover or drovers, or person in charge of such drove, to cut out and separate such stock from said droves immediately. Every person, either owner or driver, or otherwise connected with said drove, who shall neglect to comply with the provisions of this section, shall be fined in any sum not exceeding one thousand ($1,000) dollars.

95. It shall be unlawful for any person other than the owner, or his agent or employee, to skin or remove from the carcass the skin, hide, or pelt of any neat cattle or sheep found dead, except when such stock is killed by railroad trains, when the employees of such railroads may remove the hides from the stock so killed.

96. The county commissioners of the several counties may offer and pay rewards for the detection of those violating this act.

Secs. 97 to 105. "An act for a general herd law to protect cultivated lands from trespass by stock." 1871, p. 120. In force April 1. (Secs. 9 and 10 of original act repealed 1889, p. 430.)

97. That the owners of cattle, horses, mules, swine, and sheep in this state shall hereafter be liable for all damage done by such stock upon the cultivated lands in this state as herein provided by this act.

98. That all damage to property so committed by such stock running at large, shall be paid by the owners of said stock; and the person whose property is so damaged thereby may have a lien upon such trespassing animals, for the full amount of damages and costs, and may enforce the collection of the same by the proper civil action.

Owner can replevy after tendering damage. 19, 580 (27 N. W., 646).

99. That when any such stock shall be found upon the cultivated lands of another, it shall be lawful for the owner or person in possession of said lands to impound said stock, and if the owner of said stock can be found, and is known to the taker-up, it shall be the duty of said taker-up to notify said owner by leaving a written notice at his usual place of residence, with some member of his family over the age of fourteen, or, in the absence of such person, by posting a copy of such notice on the door of said residence, of the taking up of said stock, describing it, and stating the amount of damages claimed; also, the name of his arbitrator, and requiring him, within forty-eight hours after receiving said notice, to take the said property away, after making full payment of all damages and costs to the satisfaction of said taker-up of trespassing animals. Said notice may be in the following form: Mr. You are hereby notified that on the day of, 18your stock, of which I now have in my possession-(here describe the animal or animals)-did trespass upon my land, and damage the same to the amount of You are required to pay the above charges within forty-eight hours from the delivery of this notice, or the aforesaid stock will be sold, as provided by law. I have appointed Mr. to act as arbitrator should you not feel satisfied with the amount

of damages claimed in the within notice. Provided, That no claim for damages shall be maintained by the taker-up without the notice contemplated in this section shall have been given, when the owner is known by the taker-up of such stock.

To maintain possession and lien, taker-up must comply strictly with the law. 18, 178 (24 N. W., 728). Owner entitled to a reasonable time to pay damages. 6, 273. Party taking up stock acquires no lien upon it unless he complies substantially with the statute. 13, 425 (14 N. W., 160). History of former herd laws in this state given, and held, that an action could not be maintained for trespass of stock upon unenclosed, uncultivated, wild prairie land. 10, 492 (6 N. W., 600). Remedy provided by this statute is not exclusive, but cumulative. 12, 272 (11 N. W., 315).

100. If the owner of said stock shall refuse, within forty-eight hours after having been notified in writing, to pay said damages claimed, or appoint an arbitrator to represent his interest, said animal or animals shall be sold upon execution as required by law, when said amount of damages and costs have been filed with any justice of the peace of the county within which said damages may have been sustained.

Issuance and service of summons not necessary, but a general judgment cannot be entered by justice. 17, 101 (22 N. W., 124, 347).

101. [Arbitrators.]-In case the parties interested cannot agree as to the amount of damages and costs sustained, each party may choose a man, and in case the two men chosen cannot agree, they shall choose a third man, who, after being duly sworn for the purpose herein named, the three shall proceed to assess the damages, possessing for that purpose the general power of arbitrators.

13, 425 (14 N. W., 160).

102. The said arbitrator or arbitrators shall made [make] an award in writing, which, if not paid within five days after the award has been made, may be filed with any justice of the peace in the same county, and shall operate as a judgment, which judgment shall be a lien upon the stock so taken up, and execution may issue upon said stock for the collection of said damages and costs, as in other cases; Provided, That either party may have an appeal from said judgment, as in other cases before justices of the peace. Said arbitrators shall be allowed two dollars each for their services; *Provided further, That if, before the trial by said arbitrator or arbitrators, the owner of said stock shall tender to the person injured an amount in lieu of said damage and costs which may have accrued, which shall equal the amount of damage afterward awarded by the arbitrators, court, or jury, or shall affirm [offer in] writing, to confess judgment for the same, and if, notwithstanding the said injured person refusing said offer, cause the trial to proceed, he shall pay costs and necessarily the damage awarded.

All after* added 1875, p. 187. 13, 426 (14 N. W., 160).

103. In case the owner of said stock is not known or found in said county, as herein set forth, the taker-up of said stock so trespassing upon cultivated lands, shall, in such cases, proceed as provided by law regulating estrays, and the stock shall be held liable for all damages and costs.

104. That cultivated lands, within the meaning of this act, shall include all forest trees, fruit trees, and hedge-rows planted on said lands, * also all lands surrounded by a plowed strip, not less than one rod in width, which strip shall be plowed at least once a year.

All after* added 1881, p. 65.

105. Nothing herein contained shall be so construed as to prevent any owner of cultivated lands, or fruit and forest trees, from maintaining an action for all damages caused by stock which has escaped or been driven away from the premises of the party, thus damaged, against the owner of the stock causing such damage.