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9031 Sec. 456. Grand jury when called. The district courts are hereby vested with power to call grand juries. A grand jury may be called and summoned in the manner provided by law on such day of a regular term of the district court in each year in each county of the state as the district court may direct, and at such other times and upon such notice as the district court may deem necessary.

Sec. 2. Repeal. That said original Section 9031, Revised Statutes of 1913, is hereby repealed.

Approved, April 11, 1917.

CHAPTER 149.

(Senate File No. 85.)

[Introduced by Mr. Chappell.]

AN ACT to amend Section 9173 of the Revised Statutes of Nebraska for 1913, relating to suspension of execution of sentence or judgment in case of misdemeanor, and to repeal said Section 9173 as now existing.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Section 9173 of the Revised Statutes of Nebraska for 1913 is hereby amended to read as follows:

9173 Sec. 598. Suspension of criminal sentence in case of misdemeanor. The District Court shall suspend the execution of sentence and judgment against any person or persons convicted and sentenced in said court for a misdemeanor upon the filing of an affidavit of any such person or his attorney within three days from said sentence and judgment, and during the term of court, setting forth that such person intends to prosecute error from the conviction and judgment to the Supreme. Court and that said application is made in good faith and is not made for delay. Upon the filing of said affidavit the said court shall fix the amount of a recognizance, which in all cases shall be reasonable, and such person or persons shall during the term of court enter into the same with good and sufficient sureties to be approved by the court, conditioned that said proceedings

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in error shall be prosecuted without delay and in case said judgment shall be affirmed he or they will abide, do and perform the judgment and sentence of the court.

Sec. 2. Repeal.-That Section 9173 of the Revised Statutes of Nebraska of 1913 as heretofore existing is hereby repealed. Approved, March 28, 1917.

CHAPTER 150.

(Senate File No. 130.)

[Introduced by Mr. Moriarity.]

AN ACT to amend Chapter 165 of the Session Laws of Nebraska for the year 1915, and to repeal said Chapter as now existing and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. That Chapter 165 of the Session Laws of the State of Nebraska for the year 1915, be and the same hereby is amended so as to read as follows:

9081 Sec. 506. Court assign counsel for accused-when.The court before whom any person shall be indicted for any offense which is capital, or punished by imprisonment in the penitentiary, is hereby authorized and required to assign to such person counsel not exceeding two, if the prisoner has not the ability to procure counsel, and they shall have full access to the prisoner at all reasonable hours; and it shall not be lawful for the county clerk or county board of any county in this state to audit or allow an account, bill or claim hereafter presented by an attorney or counselor at law for services performed under the provisions of this section, until said account, bill or claim shall have been examined and allowed by the court before whom said trial is had, and the amount so allowed for such services certified by said court: Provided, no such account, bill or claim shall in any case, except in cases of homicide, exceed one hundred dollars. Provided, further, that there is hereby created, in counties. that now have, or that shall hereafter attain a population of 100,000 inhabitants, or more, the office of public defender who shall be elected at the general election in the year 1916, and every

four years thereafter, and whose duty it shall be to defend all persons who shall be indicted or informed against in the district. court for any offense which is capital or punishable by imprisonment in the penitentiary, if the prisoner has not the ability to procure counsel. The salary of such public defender, shall be the sum of two thousand four hundred dollars per annum, payable monthly, to be paid by the county commissioners of the county out of the general fund of such county. Such public defender shall be a lawyer in good standing at the bar of the court. in such county. The Governor of the state shall upon the passage and approval of this act, appoint a person as such public defender to serve until the election and qualification of his successor in the year 1916. Such elected public defender shall take office after his election and qualification at the same time that other county officers take office.

Sec. 2. Repeal.-Said Chapter 165 of the Session Laws of 1915, be and the same is hereby repealed.

Sec. 3. Emergency. Whereas, an emergency exists this act shall take effect from and after its passage and approval. Approved, April 12, 1917.

CHAPTER 151.

(House Roll No. 135.)

[Introduced by Messrs. Lovely and Keegan.]

AN ACT to amend Sections 2 and 10 and 12 of Chapter 182 of the Laws of Nebraska for 1915, relating to municipal courts, and to repeal said original sections and section four of said Chapter 182.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Section 2 of Chapter 182 of the Laws of Nebraska for 1915, is hereby amended to read as follows:

2 Municipal courts-jurisdiction. Judges of the municipal court within and coextensive with the cities within which they are elected, shall have and exercise the ordinary powers and jurisdiction of the justices of the peace, and shall have con

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current jurisdiction with the county court in all civil cases, except in probate matters and shall have concurrent jurisdiction with police magistrates, and all the provisions of the code of civil and criminal procedure, relative to justices of the peace, and police magistrates shall, in the absence of specific provisions to the contrary, apply to the proceedings in all civil and criminal actions prosecuted before said municipal court.

Provided, however, in actions involving more than two hundred dollars in value, motions and demurrers shall be allowed, and in all cases the return day for the original summons shall be on or before seven days from the commencement of the action and the answer or demurrer shall be filed on or before five days thereafter; unless the case shall be continued as provided by law. The summons shall state the day and hour on which the answer shall be filed. The case shall stand for trial at the hour fixed for the answer.

Sec. 2. Amendment.-That Section 10 of Chapter 182 of the Laws of Nebraska for 1915, is hereby amended to read as follows:

10 Fees. The clerk of the municipal court shall charge and receive the following fees, and no more; for docketing each cause, twenty-five cents; indexing name of each party, five cents; filing petition, bill of particulars, forty cents and for filing other paper necessary in a cause, ten cents; taking information or complaint, fifty cents; issuing summons capias, order of arrest, venire for jury, fifty cents; issuing execution, order of sale, order of attachment, writ of replevin and entering return therein, fifty cents; issuing subpoena, fifty cents; each additional name in subpoena, five cents; each adjournment or continuance, fifty cents; for copy of appeal, certiorari, or copy of pleadings or other papers, for any purpose, for each ten words, one cent; entering voluntary appearance of defendant, twenty-five cents; filing notice and opening judgment for rehearing, thirty cents; written notice to party or parties, ten cents; issuing writ of restitution and entering return therein, fifty cents; issuing warrant or mittimus, one dollar; discharge to jailer, twenty-five cents; taking and approving recognizance, appeal bond, bail bond or bond for any purpose, twenty-five cents; rule of reference to arbitrators, twenty-five cents; administering oath on assessment schedule of personal property, ten cents, if two hundred dollars or less, over two hundred dollars, fifteen cents, all above five hundred,

twenty-five cents; taking acknowledgment of deed or other instrument, fifty cents; certificate, twenty-five cents; taking deposition, for each ten words, one cent; commission on money collected on judgment without execution shall be one per-cent on the amount.

Sec. 3. Fees-disposition. It shall be the duty of the clerk of said court to demand the payment of all fees in advance and he shall be charged with all fees earned by said court and shall be required to account for same as cash to the city treasurer and shall make monthly report thereof to the city comptroller and it shall be the duty of the comptroller of the city. to audit the books of the clerk of the municipal court in the same manner as he is required to do with other city officials. Provided, however, upon the written application, and such evidence as the court may require, by an indigent person, the clerk of the court may be directed, by a judge of the court, by a written order, to file all necessary pleadings, and to issue necessary process thereon to meet the requirements of justice; in which case no fees shall be charged and collected by the clerk of the court from such person except upon final order or judgment in the action, and in that case the clerk shall not be charged with the fees in the case and required to account for the same in cash, unless the same are collected by him.

Sec. 4. Amendment. That Section 12 of Chapter 182 of the Laws of Nebraska for 1915, is hereby amended to read as follows:

Sec. 12. Salary of judge. Each judge of the municipal court shall be paid a salary of two thousand five hundred ($2,500) dollars per annum, the clerk of the said court shall receive a salary of eighteen hundred ($1,800) dollars per annum, the employes and assistants of the clerk shall receive such salary as fixed by the city commission or council. All salaries shall be paid in monthly installments out of the general fund of the city.

Sec. 5. Repeal. That Sections two, four and ten and twelve of Chapter 182 of the Laws of Nebraska for 1915 are hereby repealed.

See. 6. Emergency. Whereas, an emergency exists, this act shall be in force from and after its passage and approval.

Approved, April 24, 1917.

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