Изображения страниц
PDF
EPUB

amount of money that may come into their hands, and in no case less than the sum of fifty thousand dollars, with such provisions as to sureties and the approval thereof, and for the increase of the penalty of such bonds, as may be prescribed by law.

SEC. 26. [No other officers.] No other executive state office shall be continued or created, and the duties now devolving upon officers not provided for by this constitution shall be performed by the officers herein created.

ARTICLE [VI]—THE JUDICIAL DEPARTMENT

SECTION 1. [Judicial power.] The judicial power of this state shall be vested in a supreme court, district courts, county courts, justices of the peace, police magistrates, and in such other courts, inferior to the district courts as may be created by law for cities and incorporated towns.

SEC. 2. [Supreme court, jurisdiction.] The supreme court shall consist of seven (7) judges; and a majority of all the elected and qualified judges shall be necessary to constitute a quorum or pronounce a decision. The Supreme Court shall have jurisdiction in all cases relating to the revenue, civil cases in which the state is a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law.

SEC. 3. [Terms of supreme court.] At least two terms of the supreme court shall be held each year, at the seat of government.

SEC. 4. [Supreme court, judges, election, term, residence.] The judges of the Supreme Court shall be elected by the electors of the state at large; and their term of office except as hereinafter provided shall be six years. And said Supreme Court judges shall during their term of office, reside at the place where the court is holden.

SEC. 5. [Supreme court, judges, election, term, chief justice.] That at the general election to be held in the state of Nebraska in the year 1916, and each six years thereafter, there shall be elected three (3) judges of the Supreme

Court, who shall hold their office for the period of six (6) years; that at the general election to be held in the State of Nebraska in the year 1918, and each six years thereafter there shall be elected three (3) judges of the Supreme Court, who shall hold their office for the period of six years; and at the general election to be held in the State of Nebraska in the year 1920 and each six (6) years thereafter there shall be, elected a chief justice of the Supreme Court, who shall hold his office for the period of six (6) years. Provided, That the member of the Supreme Court whose term of office expires in January, 1914, shall be chief justice of the Supreme Court during that time until the expiration of his term of office.

SEC. 6. [Chief justice.] The Chief Justice shall serve as such during all the term for which he was elected. He shall preside at all terms of the supreme court, and in his absence the judges present shall select one of their number to preside temporarily.

SEC. 7. [Judges, eligiblity.] 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.

[ocr errors]

SEC. 8. [Reporter; copyright of reports.] 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. [District courts, jurisdiction.] 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.

SEC. 10. [Judicial districts.] The state shall be divided into six judicial districts, in each of which shall be

[ocr errors]

elected, by the electors thereof, one judge who shall be judge of the district court therein, and whose term of office shall be 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, 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.

SEC. 11. [Increase of districts.] The legislature, whenever two thirds of 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. [Judges exchange.] The judges of the district court may hold courts for each other and shall do so when required by law.

SEC. 13. [Judges, salaries.] That judges of the Supreme Court shall each receive a salary of $4,500, and the

Judges of the District Court shall each receive a salary of $3,000, per annum payable quarterly.

attorney;

SEC. 14. [No other compensation; county judge.] No judge of the supreme or district courts shall receive any other compensation, perquisite, or benefits, for or on account of his office, in any form whatsoever, nor act as attorney or counsellor at law in any manner what-ever, nor shall any salary be paid to any county judge.

SEC. 15. [County judge.] There shall be elected in and for each organized county one judge, who shall be judge of the county court of such county, and whose term of office shall be two years.

County

SEC. 16. [County courts, jurisdiction.] 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 the 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.

SEC. 17. [Appeals to district court.] Appeals to the district court from the judgments of county courts shall be allowed in all criminal 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; police magistrates; jurisdiction.] 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 in any civil case where the amount in controversy shall exceed two hundred dollars; nor in a criminal case where the punish

ment 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.

SEC. 19. [Laws, proceedings, etc., uniformity.] 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, judgments and decrees of such courts, severally, shall be uniform.

SEC. 20. [Officers terms, residence, duties, compensation.] All officers provided for in this article 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 prescribed by law.

SEC. 21. [Vacancies in offices of judges, how filled.] In case the office of any judge of the supreme court, or of any district court, shall become 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 a 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. [Suits by and against state.] The state may sue and be sued, and the legislature shall provide by law in what manner and in what courts suits shall be brought.

SEC. 23. [Jurisdiction of Chambers.] The several judges of the courts of record shall have such jurisdiction at chambers as may be provided by law.

« ПредыдущаяПродолжить »