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Act repealed,
Comp.
Stat., 648.
Gen. Stat., 690.

and costs, and pay a reasonable rent for the premises during the time he wrongfully withholds the same.

SEC. 2. That section 1030 civil code, as heretofore existing, be and the same is hereby repealed.

Approved February 28th, A.D. 1883.

CHAPTER LXXXIII..

AN ACT to amend section three hundred and twenty-nine of the

code of civil procedure, and to repeal said section.

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

Witnesses ad

deceased. 12 Neb., 46. 9 Neb., 401. 3 Neb., 350.

SECTION 1. That section three hundred and twentynine of the code of civil procedure be amended so as to read as follows:

SECTION 329. No person having a direct legal interest in resentative of the result of any civil action or proceeding, when the ad

verse party is the representative of a deceased person, shall be permitted to testify to any transaction or conversation had between the deceased person and the witness, unless the evidence of the deceased person shall have been taken and read in evidence by the adverse party in regard to such transaction or conversation, or unless such representative shall have introduced a witness who shall have testified in regard to such transaction or conversation, in which case the person having such direct legal interest may be examined in regard to the facts testified to by such deceased person or such witness, but shall not be permitted to further

testify in regard to such transaction or conversation. Act repealed.

SEC. 2. Section 329 as is now stated is hereby repealed. Comp. Stat.,

Approved February 27th, A.D. 1883. Gen. Stat., 582. 1877, 18.

675.

CHAPTER LXXXIV.

AN ACT to amend section 456, of chapter 43, of the Compiled Stat

utes of 1881, entitled, Change of Venue.

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

costs.

SECTION 1. That section 456 of chapter 43 of the
Compiled Statutes of 1881, entitled “Change of Venue,"
be amended so as to read as follows:
When the venue is changed to an adjoining county, the

Transcript clerk of the court in which the indictment was found shall

5 Neb., 380. make out a certified transcript of all the proceedings in the io Neb., 504. case, which, together with the original indictment, he shall transmit to the clerk of the court to which the venue is changed, and the trial shall be conducted in all respects as if the offender had been indicted in the county to which the venue has been changed. The costs accruing from a change of venue shall be paid by the county in which the indictment was found, and the clerk of the trial court shall make a statement of costs, containing: First. Names of witnesses and fees of each. Second. Sheriff's fees for summoning witnesses and jurors especially for said case. Third. Clerk fees in said case. Fourth. The names of jurors and fees of each who were called especially for said case. And such statement he shall certify to be correct, and transmit the same to the clerk of the district court where the indictment was found, to be by him entered upon his docket and collected and paid as if a change of venue had not been had. SEC. 2. Section 456 of the Compiled Statutes of 1881, Act repealed.

Comp. Stat., entitled “Change of Venue,” as the same now is be and 782.

Gen. Stat., 824. the same is hereby repealed.

Sec. 3. Whereas, an emergency exists, this act shall To take effect. take effect and be in force from and after its passage.

Approved February 24th, A.D. 1883.

CHAPTER LXXXV.

AN ACT to provide for reviewing on error all criminal cases be

fore county judges, police judges, justices of the peace, police magistrates, and all other courts inferior to the district court, wherein the accused shall be convicted and adjudged to pay a fine or to be imprisoned, or both.

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

Judgment may

SECTION 1. That in all criminal cases tried before be reviewed on error. county judges, police judges, justices of the peace, police

magistrates, and all other courts inferior to the district court, wherein the accused shall be convicted of a violation of

any law of this state, or of an ordinance of any municipal corporation in this state, and adjudged to pay a fine or to be imprisoned, or both, such judgment may be reviewed on error in the district court of the county in which any

such trial and conviction may be had. Transcript

SEC. 2. On application by or on behalf of such conment of costs. victed person to any such officer or court, before whom such

trial and conviction may have been had, and upon tender of the legal fees, such officer shall make and deliver to such convicted person or his counsel a complete certified transcript of the judgment, and all docket entries made in the trial of such case, and on receipt of a copy of the summons, as hereinafter set forth, shall forward to the clerk of the district court the original papers in the case.

SEC. 3. The proceeding to review any such judgment Proceedings to

shall be by petition in error, to which shall be attached such transcript, and also any original papers received by the clerk, and the court in which the review is sought may, by summary process, compel a more complete record to be furnished and such original papers to be forwarded.

review.

error.

SEC. 4.

When such petition and precipe are filed in any summons in court, a summons in error, returnable thirty days, shall be issued by the clerk, unless the judge of such court prescribe another day for the return, which summons shall be directed to the sheriff of the county in which the district attorney resides, containing such description of the judgment as to identify it, reciting the fact that a petition in error has been filed, and command such sheriff to notify the district attorney of the time it will be for hearing; and if original papers are required, it shall command the sheriff to notify the officer in whose possession they are to forward them to such clerk. In case the district attorney should reside in some county other than the one in which such proceedings in error are to be had, the clerk may send the summons in error by mail to the

proper sheriff, who

may return the same by mail to the clerk of the court from which it was issued.

Sec. 5. Upon the hearing of a petition in error, the court Trial on petimay affirm the judgment or reverse it in whole or in part, and order the accused to be discharged.

SEC. 6. No sentence or judgment shall be suspended or stay of judgexecution stayed until the defendant shall enter into a recognizance before the clerk of the district court, where his petition in error is filed, conditioned that the defendant will prosecute his petition in error to effect, and surrender himself to the custody of the proper officer of the county in which the conviction was had, in case the judgment against him be not reversed or a new trial ordered.

Approved February 27th, A.D. 1883.

tion in error.

ment.

CHAPTER LXXXVI.

AN ACT to amend section 508 of the criminal code.

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

Writ of error,
how allowed.
5 Neb., 354.
9 Neb., 250.
8 Neb., 294.
10 Neb., 104.

SECTION 1. That section 508 of the criminal code be amended to read as follows:

SEC. 508. In all criminal cases, writs of error shall be issued by the clerk of the supreme court upon the filing of a petition in error and transcript of the record of the proceedings of the district court and payment of costs, as in civil cases. Provided, That if any person, desiring to obtain such writ of error, shall file an affidavit with the clerk of the ccurt that he is unable on acoount of his poverty to pay said costs, the clerk shall enter the suit upon the docket, and upon the entry of final judgment indorse the amount of costs upon the mandate, and the same shall be paid by the county in which the indictment was found.

SEC. 2. Section 508 of the criminal code, as now existing, is hereby repealed.

Approved February 23d, A.D. 1883.

Act repealed.
Comp. Stat.,
740.
Gen. Stat., 834.

CHAPTER LXXXVII.

AN ACT to amend section 117 of the criminal code.

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

SECTION 1. That section one hundred and seventeen of the criminal code be amended so as to read as follows:

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