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AN ACT to apportion the State into judicial districts, and for the ap
pointment and election of officers thereof.
Be it enacted by the Legislature of the State of Nebraska:
State divided into ten districts.
SECTION 1. The state of Nebraska shall be divided into ten judicial districts, as follows: First district, Gage, Johnson, Nemaba, Pawnee, and Richardson counties. Second district, Cass, Lancaster and Otoe counties. Third district, Douglas, Sarpy, Burt and Washington counties. Provided, In which district there shall be two judges of the district court, who shall be elected for the term of and hold their office for four years, from and after the first day of January next succeeding their election. Said judges shall be elected at the general election to be held in November, 1883, and every four years thereafter.
thereafter. Such judges shall have equal power, and shall each perform such duties as are now provided by law, or such as may hereafter be imposed upon them by law, and it shall be the duty of such judges to so divide and arrange the business of said court between them that the trial of causes may be speedy. To this end it shall be the duty of such judges, by rule of court, to so arrange its terms, its trial dockets, and the empaneling of juries therein, that speedy and exact justice may be accorded to all parties. There shall be drawn in the manner now provided by law a panel of forty-eight jurors, to serve as jurors in such court. Provided, That in any county in such district, when such number of jurors may not be required, the judges may, by appropriate rule, provide for the drawing of a less number. Fourth district, Butler,
Colfax, Dodge, Platte, Saunders, Merrick, and Nance counties. Fifth district, Adams, Clay, Fillmore, Jefferson, Saline, Nuckolls, and Thayer counties. Sixth district, Hamilton, Hall, Howard, Seward, York, and Polk counties. Seventh district, Cedar, Cuming, Dakota, Dixon, Madison, Stanton, Knox, and Wayne counties, and the Omaha and Winnebago reservations, and unorganized territory north of Knox county. Eighth district, Franklin, Furnas, Dundy, Hitchcock, Harlan, Kearney, Phelps, Gosper, Red Willow, Frontier, Hayes, Chase, and Webster counties. Ninth district, Antelope, Boone, Greeley, Pierce, Holt, Valley, and Wheeler counties, and the unorganized territory . north of Custer and Holt counties and west of Holt and Wheeler counties, and comprised in the new counties of Brown, Cherry and Loup. Tenth district, Buffalo, Sherman, Dawson, Custer, Keith, Cheyenne, Lincoln, and Sioux counties, and the unorganized territory north of Keith and Lincoln counties and south of the new county of Cherry.
Sec. 2. The judges and district attorneys now in Officers to hold office shall hold their respective positions and perform the duties of their offices in the districts hereby created in which they may reside until the expiration of the term for which they were elected. SEC. 3. The governor will appoint judges and dis- Officers to be
appointed. trict attorneys to fill all vacancies created by this act, including an additional judge in the third district, as provided in section one of this act, who shall hold their respective offices until the next general election, when such vacancies shall be filled by election in the same manner as such officers are elected in other districts, and the district attorneys elected to fill such vacancies shall hold their offices until the expiration of the term of the district attorneys now in office.
1881, 218, 1879. 180. 1875, 162. 1882, 58. To take effect.
SEC. 4. All acts or parts of acts in conflict with the Stat., 168, 163, provisions of this act are hereby repealed.
SEC. 5. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage.
Approved February 24th, A.D. 1883.
AN ACT to amend sections 2, 8, 9, 10, 11, and 16 of chapter 20 of the
Compiled Statutes of 1881, entitled “County Court."
Be it enacted by the Legislature of the State of Nebraska :
Jurisdiction. 3 Neb., 339.
7 ., .
SECTION 1. That sections two, eight, nine, ten, eleven, and sixteen of chapter twenty of the Compiled Statutes, be and the same are hereby amended so as to read as follows:
SEC. 2. Jurisdiction. County judges in their re5 Neh 148
; 803. spective counties shall have and exercise the ordinary
powers and jurisdictions of a justice of the peace, and shall in civil cases have concurrent jurisdiction with the district court in all civil cases in any sum not exceeding one thousand dollars, exclusive of costs, and in actions of replevin where the appraised value of the property does not exceed that amount; and the provisions of the code of civil procedure, relative to justices of the peace shall, where no specified provision is made by this subdivision, apply to the proceedings in all civil actions prosecuted before said county court. Provided, That county courts shall not have jurisdiction: 1st. In any action for malicious prosecution; 2d. In any action against officers for misconduct in office, except where like proceedings can be had before a justice of the peace; 3d. In actions for slander and libel;
3 Neb., 228.
4th. In actions upon contracts for the sale of real estate; 5th. In any matter wherein the title or boundaries of land may be in dispute, nor to order or decree the sale or partition of real estate.
SEC. 8. Proceedings. In all cases commenced in l'roceedings. said courts wherein the sum exceeds the jurisdiction of Neb. 148. a justice of the peace, it shall be the duty of the county , Neb., 109 judge to issue a summons, returnable on the first day Neb., 394. of the next term of said court, if there be ten days in- 12 Neb., 475. tervening between the issuance of the summons and the first day of the term, and if not then to be made returnable on the first day of the next term thereafter, which summons shall be directed and delivered to the sheriff or any constable of said county, and the sheriff or constable shall serve the same upon the defendant as in other civil cases, at least ten days before the return day thereof. When the summons has not been served ten days before the first day of the term, the cause shall stand continued until the next regular term of said court, and shall then stand for trial without further notice to the defendant. SEC. 9. Actions in replevin. In all actions in re-Action in
replevin. plevin the summons shall be in like form and be return- 9 Neh., 108. able within the like time as in similar actions before justices of the peace, but if upon a return of the writ it appears that the appraised value of the property taken thereon exceeds the jurisdiction of a justice of the peace and does not exceed the jurisdiction of the county court, said action shall stand continued as of course to the next regular term of said court, and shall then be disposed of as other causes during such term; but if it appears that the appraised value of the property in such action exceeds the jurisdiction of said county court, then such action on the return of the writ shall be forthwith cer. tified to the district court.
Bill of par-
Pleadings. 5 Neb., 99. 6 Neb., 302. 8 Neb., 444. 9 Neb., 265.
SEC. 10. Bill of particulars. In all civil actions in the county court where the amount claimed exceeds the jurisdiction of a justice of the peace, the plaintiff, his agent, or attorney, shall, before the summons is issued therein, file in such court a petition setting forth in ordinary and concise language his demands, and the defendant shall also, on or before the first day of the term at which the cause stands for trial, file in such court his answer containing any set-off or other defense he may have. Such petition shall be verified in like manner as a petition is required to be verified in the district court, and when so verified no other or greater proof shall be required to entitle the plaintiff' to judgment upon default than in actions in the district court.
SEC. 11. Pleadings. In actions before said court, where the amount claimed exceede the jurisdiction of a justice of the peace, motions and demurrers shall be allowed, and the rules of practice concerning pleadings and processes in the district court shall be applicable so far as may be to pleadings in the county court.
Sec. 16. Arrests and attachments. Orders for arrest and for attachment of property may issue in actions brought under this chaper, but when the demand in such actions exceeds the jurisdiction of a justice of the peace, the proceedings upon such orders shall be the same, as near as may be, as in actions brought in the district court. The return day of such orders shall, when issued at the commencement of the action, be the same as that of the summons. When issued afterwards they shall be made returnable forthwith.
SEC. 2. Sections 2, 8, 9, 10, 11, and 16 of an act entitled “County Courts," chapter 20, are hereby repealed
Approved February 26th, A.D. 1883.
Arrest and attachment.