jurisdiction with county courts of all ordinary civil actions and criminal proceedings; and all provisions of law relative to practice, process, and judgments, and appeals therefrom, and stay of execution relative to county courts, shall apply to and govern the police court in civil actions, and summons in civil action shall be returnable, and such cases shall stand for trial as in jus

tice's court.

warrant.

SEC. 83. Whenever complaint shall be made to the Complaint and police judge on oath or affirmation of any person competent to testify against the accused that an offense has been committed, of which the police judge has jurisdiction, the police judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the city marshal, or the sheriff, or a constable of the county, or some person specially appointed by the police judge for that purpose.

SEC. 84. All fines and penalties collected, arising Fines, from a breach of ordinances of the city, shall be paid to the city treasurer; and all fines and penalties collected arising from misdemeanors under the laws of the state, shall be paid to the county treasurer; and Disposition. the police judge shall report at the end of each calendar month a list of all cases for violation of city ordinances, instituted in his court, and the disposition thereof, with a statement of the fines, penalties, and costs, by him received, and shall at the end of each month pay to the city treasurer all such fines by him received, and in the event that the police judge shall fail to make report as herein provided for the period of ten days, his office shall be declared vacant.

upon arrest.

SEC. 85. When any person shall be brought before Proceedings the police judge upon such warrant, it shall be his duty to hear and determine the complaint alleged against the defendant.

Postponement of trial.

SEC. 86. Upon good cause shown, the police judge may postpone the trial of the case to a day certain, in which case he shall require the defendant to enter Recognizance. into recognizance with sufficient security, conditioned that he will appear before said judge at the time and place appointed, then and there to answer the complaint alleged against him.

Proceeding.

to try offense.

SEC. 87. In case of the breach of any recognizance entered into as aforesaid, the same shall be certified to the district court of the proper county, to be proNo jurisdiction ceeded upon according to law; if in the progress of any trial before the said judge it shall appear that the accused ought to be put upon his trial for an offense not cognizable before said judge, he shall immediately stop all further proceedings before him, and proceed as in other cases exclusively cognizable before the district

Witnesses.

Trials.

Jury.

court.

SEC. 88. It shall be the duty of said judge to summon all persons whose testimony may be deemed material as witnesses at the trial, and to enforce their attendance by attachment, if necessary, and all witnesses shall receive the sum of fifty cents for each day's attendance.

SEC. 89. Cases in the police court for violation of city ordinances, shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanor under the statutes of the state, shall be tried by the police judge alone, unless the defendant demand a jury; if a jury be demanded, the case shall be tried by a jury of six competent men, unless a smaller number be agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in justices' courts, and the trial of all such cases before said police judge shall be conducted, in all respects not herein otherwise provided, in like manner as crim

inal cases before justices of the peace. Jurors in the police court shall receive the same fees as jurors in justices' courts, to be taxed as other costs are taxed in the

case.

fine

SEC. 90. If the defendant be found guilty, the police Sentence. judge shall declare and assess the punishment, and render judgment accordingly. It shall be part of the judgment that the defendant stand committed until judgment be complied with; Provided, That in any prosecution for violation of any ordinance, the defendant shall have the right to produce before said police Replevy of judge, one or more sureties to the satisfaction of said judge, which said sureties shall, with the defendant, confess a judgment for the amount of the fine or penalty imposed, with costs of suit; and said judge shall enter said confession of judgment upon his docket, and render judgment accordingly, in the name of the state of Nebraska, against them for the amount of such fine and costs; and if said judgment be not paid within ninety days from the date of such confession and entering of judgment, said police judge shall issue execution and collect the amount of said fine or penalty and costs in the manner provided by law for collecting judgments by execution in justices' courts.

discharged.

SEC. 91. Any defendant committed under the pro- How prisoner visions of this act, for a misdemeanor arising under the laws of this state, may be discharged in the same manner as if he had been committed by the county court.

how governed.

SEC. 92. In all cases not herein specially provided for, Proceedings. the process and proceedings before the judge shall be governed by laws regulating proceedings in county courts in civil and criminal cases respectively.

SEC. 93. When a trial shall be continued by the Continuance. judge, it shall not be necessary to summon any wit

nesses who may be present at the continuance, but the

Challenging jury.

Judge, conservator of peace. Court, when open.

Punishments.

Appeals.

Contempts.

Work of prisoner.

judge shall verbally notify such witnesses as either party may require to attend before him to testify in the case on the day of trial, which verbal notice shall be as valid as a summons.

SEC. 94. In trials by a jury before the police judge, challenges shall be allowed in the same manner as in similar cases before the county court.

SEC. 95. The police judge shall be a conservator of the peace, and his court shall be open every day, except Sunday, to hear, try, and determine all cases cognizable before him, and he shall have power to bring parties forthwith to trial.

SEC. 96. Any person convicted before the judge of any offense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordinance.

SEC. 97. Appeals may be taken from the judgments. of the police judge in criminal cases, and under ordinances in the same manner as appeals are taken from justices of the peace in criminal cases.

SEC. 98. The police judge shall have power to enforce due obedience to all orders, rules, judgments, and decrees made by him, and may fine or imprison for contempt offered to such judge whilst holding his court, or to process issued by him, in the same manner and to the same extent as the district courts.

SEC. 99. Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under the direction of the mayor, for the term of his imprisonment, and when committed for the non-payment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 per day for each day he shall work.

office of police

SEC. 100. In case of a vacancy in the office of police Vacancy in judge by death, resignation, or otherwise, or in case of judge. the absence, disability, or personal interest of said judge, such fact being shown by affidavit, the mayor shall, on notice thereof, appoint some justice of the peace, holding and exercising the duties of his office within the corporate limits of such city, to act as police judge during such vacancy, absence, or disability of said police judge.

SEC. 101. Whereas, an emergency exists, this act To take effect. shall take effect and be in force immediately. Approved March 1st, A.D. 1883.

CHAPTER XVII.

AN ACT for the incorporation of churches, parishes, and religious societies.

Be it enacted by the Legislature of the State of Nebraska:

incorporate.

SECTION 1. Churches, parishes, and societies of all conditions to religious bodies, sects, and denominations in this state, having a central governing body with spiritual jurisdiction extending over the whole state, or a part thereof, being more than six counties, may become incorporated by complying with the terms and provisions of this act. SEC. 2. The chief or presiding or executive offi- Officers. cer of the religious bodies, sects, and denominations mentioned in the first section of this act may, at such place in this state as he may appoint for the purpose, convene a meeting of himself and some other officer subordinate to himself, but having general jurisdiction throughout the state, or part of the state aforesaid, and the priest, minister, or clergyman of the