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Disposition of deposit.

Emergency.

accrue in event the judgment be affirmed. On such payment being made, and such bond filed and approved, the general lien of the judgment shall be dissolved.

SEC. 2. If such judgment be affirmed, the money so deposited shall be paid to the judgment creditor, but if such judgment be reversed, the debtor may withdraw such deposit.

SEC. 3. Whereas, an emergency exists, this act shall take effect and be in force from and after the date of its passage and approval. Approved March 23, A. D. 1893.

CHAPTER 43.

Amending sec.

5025, Consol.

Sals., 1891; sec.

[Senate File No. 74.]

AN ACT to amend Section Five Thousand Twenty-Five (5025) of Chapter One (1) of the Consolidated Statutes of Nebraska of 1891, and to repeal said section.

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

SECTION 1. That Section Five Thousand Twenty491c, civil code. Five (5025) of Chapter One (1) of the Consolidated Statutes of Nebraska of 1891 is hereby Certificate of amended to read as follows: Section 5025. It shall clerks; fee for. be the duty of the County Clerk, the Clerk of the District Court, and the county Treasurer of the county, and the Treasurer of the village, town or city, wherein such levy is made for the purpose of ascertaining the amount of the liens and encumbrances upon the lands and tenements so levied upon, on application of the sheriff in writing hold

ing such execution, to certify to said sheriff under their respective hands and official seals the amount and character of all liens existing against the lands and tenements levied on which are prior to the lien of such levy as the said liens appear of record in their respective offices, for which certificate and the necessary search thereof said officers shall receive a fee of one ($1) dollar each, to be paid by the plaintiff in the execution and taxed as increase costs in the action in which the judgment on which execution was issued was rendered.

clause.

SECTION 2. That said Section Five Thousand Repealing Twenty-Five (5025) and all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed.

Approved April 7, A. D. 1893.

[Senate File No. 14.]

CHAPTER 44.

AN ACT to amend section No. three (3), of the Criminal Code of the State of Nebraska, known as Section No. fifty-five hundred seventy-nine (5579), of the Consolidated Statutes of 1891, and to repeal said original Section,

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

3, criminal Consol. Stats.,

1891.

SECTION NO. 1. That Section No. three (3) of Amending sec. the Criminal Code of the State of Nebraska, known code; sec. 5579, as Section No. fifty-five hundred seventy-nine (5579) of the Consolidated Statutes of 1891, be and the same is hereby amended to read as follows: SEC. No. 3. If any person shall purposely and Penalty for of deliberate and premeditated malice, or in the

murder,

Repealing clause.

perpetration or attempt to perpetrate any rape, arson, robbery, or burglary, or by administering poison, or causing the same to be done, kill another; or if any person by wilful and corrupt perjury or subordination of the same, shall purposely procure the conviction and execution of any innocent person, every person so offending shall be deemed guilty of murder in the first degree, and upon conviction thereof shall suffer death or shall be imprisoned in the penitentiary during life, in the discretion of the jury.

SECTION NO. 2. That Section No. three (3) of the Criminal Code of the State of Nebraska, known as Section No. fifty-five hundred seventy-nine (5579) of the Consolidated Statutes of 1891, be Saving clause. and the same is hereby repealed; "Provided, however, That such appeal shall not be construed to apply to any offences committed prior to the taking effect of this act, nor shall the same effect any convictions or prosecutions held under said original section.

Approved April 8, A. D. 1893.

[Senate File No. 226.]

CHAPTER 45.

AN ACT to amend Section 5586, of Chapter 3, Section 5593, of Chapter 4, Section 5609, Section 5612, and Section 5616, of Chapter 5, of the Criminal Code of Nebraska, as the same appears in Cobbey's Consolidated Statutes of 1891, and to repeal said sections amended.

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

5586, Consol. Sts., 1891; sec.

SECTION 1. That Section 5586, of Chapter 3, of Amending sec. the Criminal Code of Nebraska, as the same appears to, criminal in Cobbey's Consolidated Statutes of 1891, be amended to read as follows:

code.

boxing.

Section 5586. If any two persons shall agree Fighting and and wilfully fight or box at fisticuffs, the persons so offending shall be deemed guilty of an affray, and, upon conviction thereof, shall be fined, each, in a sum not exceeding fifty ($50) dollars, or be imprisoned in the county jail not exceeding ten. days, at the discretion of the court.

5593, Consol. Sats., 1891; sec. code.

SECTION 2. That section 5593, of Chapter 4, of Amending sec. the Criminal Code of Nebraska, as the same appears 17, criminal in Cobbey's Consolidated Statutes of 1891, be amended to read as follows:

battery.

Section 5593. If any person shall unlawfully Assault and assault or threaten another in a menacing manner, or shall unlawfully strike or wound another, the person so offending shall, upon conviction thereof, be fined in any sum not exceeding one hundred ($100) dollars, or imprisoned in the jail of the county not exceeding three months, in the discre

Amending sec. 5609, Consol. Stats., 1891; sec. 30, criminal

code.

Abusing and resisting officers.

Amending sec.

5612, Consol.

33, criminal

tion of the court, and shall, moreover, be liable to the suit of the party injured.

SECTION 3. That section 5609, of Chapter 5, of the Criminal Code of Nebraska, as the same appears in Cobbey's Consolidated Statutes of 1891, be amended to read as follows:

Section 5609. If any person shall abuse any judge or justice of the peace, resist or abuse any sheriff, constable, or other officer, in the execution of his office, the person so offending shall be fined in any sum not exceeding one hundred ($100) dollars, or imprisoned in the jail of the county not exceeding three months, at the discretion of the court.

SECTION 4. That Section 5612, of Chapter 5, Stats., 1891; sec. of the Criminal Code of Nebraska, as the same appears in Cobbey's Consolidated Statutes of 1891, be amended to read as follows:

code.

Disturbing meeting, etc.

Amending sec. 5616, Consol.

37, criminal

Section 5612. If any person or persons shall be found making or exciting any contention or disturbance at any tavern, court, election or other meetings of the citizens for the purpose of transaction or doing any business appertaining to, or enjoined on them, the person or person so offending shall be fined in any sum not exceeding five ($5.) dollars, nor less than fifty (.50c) cents, each.

SECTION 5. That Section 5616, of Chapter 5, Stats., 1891; sec. of the Criminal Code of Nebraska, as the same appears in Cobbey's Consolidated Statutes of 1891, be amended to read as follows:

code.

Obstructing administration of justice.

Section 5616. If any person or persons shall, corruptly or by threats or force, endeavor to influence, intimidate or impede, any juror, witness, or officer in any court of this state in the discharge

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