Изображения страниц
PDF
EPUB

Reporter of supreme court.

having in like manner the next shortest term to serve

shall preside in his stead. Wbo not eligible to be judge.

Seo. 7. No person shall be eligible to the office of judge of the supreme court unless he shall be at least thirty years of age, and a citizen of the United States; nor unless he shall have resided in this state at least three years next preceding his election.

SEC. 8. There shall be appointed by the supreme court a reporter, who shall also act as clerk of the supreme court, and librarian of the law and miscellaneous library of the state, whose term of office shall be four years, unless sooner removed by the court, whose salary shall be fixed by law, not to exceed fifteen hundred dollars per annum. The copyright of the state reports shall forever belong to the state.

Sec. 9. The district courts shall have both chancery and common law jurisdiction, and such other jurisdiction as the legislature may provide, and the judges thereof may admit persons charged with felony to a plea of guilty, and pass such sentence as may be prescribed by law. (3 Neb. 115; 4 Neb. 576, 586; 6 Neb. 66, 84.)

SEC. 10. The state shall be divided into six judi. cial districts, in each of which shall be elected by the electors thereof, one judge, who shall be judge of the district court therein, and whose term of office shall be

Jurisdiction of district courts.

Judicial districts.

four years.

Until otherwise provided by law, said districts shall be as follows :

First District. The counties of Richardson, Johnson, Pawnee, Gage, Jefferson, Saline, Thayer, Clay, Nuckolls and Fillmore.

Second District. The counties of Nemaha, Otoe, Cass and Lancaster.

Third District. The counties of Douglas, Sarpy, Washington and Burt.

Fourth District. The counties of Saunders, Dodge,

increased.

Butler, Colfax, Platte, Polk, Merrick, Hamilton, York,
Seward, Hall and Howard.

Fifth District. The counties of Buffalo, Adams,
Webster, Franklin, Harlan, Kearney, Phelps, Gosper,
Furnas, Hitchcock, Dundy, Chase, Cheyenne, Keith,
Lincoln, Dawson, Sherman, Red Willow, Frontier, and
the unorganized territory west of said district.

Sixth District. The counties. of Cuming, Dakota, Dixon, Cedar, Wayne, Stanton, Madison, Boone, Pierce, Knox, Antelope, Holt, Greeley, Valley, and the unorganized territory west of said district. (11 Neb. 16; 12 Neb. 381, 387, See act changing judicial districts, post chap. 37.)

SEC. 11. The legislature, whenever two-thirds of May be the members elected to each house shall concur therein, may, in or after the year one thousand eight hundred and eighty, and not oftener than once in every four years, increase the number of judges of the district courts, and the judicial districts of the state. Such districts shall be formed of compact territory, and bounded by county lines ; and such increase, or any change in the boundaries of a district, shall not vacate the office of any judge.

SEC. 12. The judges of the district courts may Judges to hold hold courts for each other, and shall do so when required other. by law. (8 Neb. 484.)

Sec. 13. The judges of the supreme and district courts shall each receive a salary of $2,500 per annum,

judges. payable quarterly.

SEC. 14. No judge of the supreme or district No other comcourts shall receive any other compensation, perquisite

pensation. or benefit for or on account of his office in any form whatsoever, nor act as attorney or counselor-at-law, in any manner whatever ; nor shall any salary be paid to any county judge.

SEO. 15. There shall be elected in and for each organized county, one judge, who shall be judge of the County judge.

Salary of

Jurisdiction of county courts.

Appeals to district court.

county court of such county, and whose term of office shall be two years.

SEC. 16. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians and settlement of their accounts, in all matters relating to apprentices ; and such other jurisdiction as may be given by general law. But they shall not have jurisdiction in criminal cases in which the punishment may exceed six months imprisonment, or a fine of over five hundred dollars ; nor in actions in which title to real estate is sought to be recovered, or may be drawn in question ; nor in actions on mortgages or contracts for the conveyance of real estate ; nor in civil actions where the debt or sum claimed shall exceed one thousand dollars. (12 Neb. 281.)

SEC. 17. Appeals to the district courts from the judgments of county courts shall be allowed in all crim. inal cases, on application of the defendant; and in all civil cases, on application of either party, and in such other cases as may be provided by law.

SEC. 18. Justices of the peace and police magistrates shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law; Provided, That no justice of the peace shall have jurisdiction of any civil case where the amount in controversy shall exceed two hundred dollars; nor in a criminal case where the pupishment may exceed three months imprisonment, or a fine of over one hundred dollars; nor in any matter wherein the title or boundaries of land may be in dispute. (4 Neb. 413.)

Sec. 19. All laws relating to courts shall be general and of uniform operation, and the organization, jurisdiction, powers, proceedings and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judg

Jurisdiction of justices of the peace.

Laws to be uniform.

ments and decrees of such courts severally shall be uniform. (4 Neb. 412.)

SEO. 20. All officers provided for in this article Terms of ofice. shall hold their offices until their successors shall be qualified, and they shall respectively reside in the district, county or precinct for which they shall be elected or appointed. The terms of office of all such officers, when not otherwise prescribed in this article, shall be two years. All officers, when not otherwise provided for in this article, shall perform such duties and receive such compensation as may be provided by law. (4 Neb. 413.)

SEC. 21. In case the office of any judge of the Vacancies in supreme court, or of any district court, shall become how filled. vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor shall be elected and qualified, and such successor shall be elected for the unexpired term at the first general election that occurs more than thirty days after the vacancy shall have happened. Vacancies in all other elective offices provided for in this article, shall be filled by election, but when the unexpired term does not exceed one year the vacancy may be filled by appointment, in such manner as the legislature may provide.

SEC. 22. The state may sue and be sued, and the Sults by and legislature shall provide, by law, in what manner and in against state. what courts suits shall be brought. (7 Neb. 101; 8 Neb., 218.)

SEC. 23. The several jndges of the courts of record Jurisdiction at shall have such jurisdiction at chambers as may be provided by law. (7 Neb. 386; 8 Neb. 298, 485.)

Seo. 24. . All process shall run in the name of “The style of proState of Nebraska," and all prosecutions shall be carried on in the name of " The State of Nebraska.” (1 Neb. 393; 4 Neb. 106, 382.

cess.

ARTICLE VII.--RIGHTS OF SUFFRAGE.

Who are electors.

SECTION 1. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state six months, and in the county, precinct, or ward, for the term provided by law, shall be an elector.

First. Citizens of the United States.

Second. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States, on the subject of natu

ralization, at least thirty days prior to an election. Who not quali- Sec. 2. No person shall be qualified to vote who

is non compos mentis, or who has been convicted of treason or felony under the law of the state, or of the United States, unless restored to civil rights. (10 Neb. 267.)

Sec. 3. Every elector in the actual military sermilitary ser

vice of the United States, or of this state, and not in the regular army, may exercise the right of suffrage at such place, and under such regulations as may be provided

fied.

Electors in

vice.

by law.

Soldiers or sailors not electors.

Electors privileged from arrest.

SEC. 4. No soldier, seaman, or marine in the army and navy of the United States, shall be deemed a resident of the state in consequence of being stationed therein.

SEC. 5. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger.

SEC. 6. All votes shall be by ballot.

ARTICLE VIII.-EDUCATION.

Board of education.

SECTION 1. The governor, secretary of state, treasurer, attorney-general, and commissioner of public lands

« ПредыдущаяПродолжить »