Изображения страниц
PDF
EPUB
[merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][merged small]

shall, [in] all cases in which the amount hazarded by
said bet is between five dollars and one hundred dollars,
be equal to the amount so hazarded by said bet.

lottery.

SEC. 33. That section two hundred and twenty-six Advertising of said code, is hereby amended to read as follows: Sec. Gen. Stat. 776. 226. That if any person shall by printing, writing, or

in any other way publish an account of any lottery or
scheme of chance of any kind or description to be carried

on, held or drawn in the state of Nebraska, by whatever
name, style, or title, the same may be denominated or
known, stating when and where the same is to be drawn,
or the prizes therein, or any of them, or the price of a
ticket, or show therein, or where any ticket may be ob-
tained, or in any aiding or assisting in the same, or in
anywise giving publicity to such lottery or scheme of
chan ce, shall be subjected to a fine not exceeding one hun-
dred dollars at the discretion of the court.

tain seasons. Gen. Stat., 778,

SEC. 34. That section two hundred and thirty-three Fishing at cerof said code, is hereby amended to read as follows: Sec. 233. That it shall be unlawful to catch any fish for the purpose of selling and packing the same for market, in this state, at any time between the first day of June and the first day of September: Provided, That should it be impracticable to take up or remove any stationary nets on the first day of June, it shall be lawful for the owner or the person having such nets in charge, to take up and remove the same at the earliest practicable day thereafter, and all fish therein at the time may be lawfully taken out, salted, and packed for market; but no more than one hau! shall be taken from any net between the first day of June and the first day of September; and any person violating the provisions [of] this section shall pay for every such offense a fine of not less than fifty nor more than one hundred dollars.

SEC. 35. That section two hundred and forty-two of

Vagrants. said code, is hereby amended to read as follows: Sec. Gen. Stat., 780. 242. All idle persons not having visible means of support and maintenance and who live without employment, and all persons wandering abroad and living in taverns, groceries, beer houses, market places, sheds, barns, or in open air, and not giving a good account of themselves, and all persons wandering about and begging, or who go about from door to door, or from place to place, or occupy public places for the purpose of begging and receiving alms, and all prostitutes, and all keepers, occupants, lessees, tenants, and pimps of houses used for prostitution or gambling shall be deemed and are hereby declared to be vagrants; and upon conviction thereof, shall be fined not exceeding fifty dollars, or imprisoned in the jail of the county not exceeding three months, and be subject to hard labor in said jail or elsewhere in the county as the court may order: Provided, That any person so convicted who shall be disqualified for manual labor by physical inability and shall be a proper object for relief, shall be sent the alms-house of the proper city or county, or otherwise cared for according to law.

Judicial offi

cers, conservators of the peace.

Gen. Stat., 784.

SEC. 36. That section two hundred and sixty-two of said code is hereby amended to read as follows: Sec. 262. The judges of the district courts in their respective districts, and the magistrates mentioned in section two hundred and sixty, in their respective counties, shall jointly and severally be conservators of the peace within their respective jurisdictions, and shall have full power to enforce, or cause to be enforced, all laws that now exist or that shall hereafter be made for the prevention and punishment of offenses, or for the preservation and observance of the peace. The said judges of the district courts shall have the same powers to require securities for the keeping of the peace, and the good behavior, and bail for

[ocr errors][merged small][merged small]

appearance in courts to answer complaints to keep the
peace, and for crimes and offenses committed in their re-
spectives districts as any of the magistrates aforesaid have
in their respective counties.

of witnesses.

SEC. 37. That section two hundred and seventy-one of Recognizance said code is hereby amended to read as follows: Sec. 271. Gen. Stat., 787. In case the defendant is recognized or committed as aforesaid, the magistrate shall require the material witnesses in the case to enter into recognizance to appear in court, as described in sections three hundred and three, three hundred and four, and three hundred and five.

prisoners.

SEC. 38. That section three hundred and seventy- Custody of seven of said code is hereby amended to read as follows: Gen. Stat., 810 Sec. 377. Whenever it shall be lawful and necessary to confine any prisoner in custody previous to conviction upon a criminal accusation, or in custody for contempt, or alleged contempt of court, or upon an attachment by order of a court or judge, or otherwise in lawful custody, or upon conviction for any offense, and there shall be no secure jail in the proper county, the officer or person having him in such custody may convey him to, and confine him in, the jail of any county in the state or other secure and convenient place of confinement in the state, to be procured by such officer or person having such prisoner in custody.

SEC. 39. That section four hundred and one of said Witness be-
fore grand
code is hereby amended to read as follows: Sec. 401. jury.
Before any witness shall be examined by the grand jury, Gen. Stat., 815●
an oath or affirmation shall be administered to him, truly

to testify of such matters and things as may be lawfully
inquired of him before said jury, which oath or affirma-
tion may be administered either by the foreman of said
jury or by the clerk of the proper court.

SEC. 40. That section four hundred and sixty-five of
said code is hereby amended to read as follows: Sec. 465.

When accused When two or more persons are indicted for felony, each

separately

tried.

person so indicted shall, on application to the court for Gen, Stat., 825. that purpose, be separately tried, and every person charged with felony shall be furnished, previous to his trial, with a copy of the indictment, and at his request with a list of the witnesses upon whose testimony the indictment was found.

When imprisonment at hard labor.

SEC. 41. That section five hundred and twenty-two of said code is hereby amended to read as follows: Sec. 522. Gen. Stat., 837. When the convict is adjudged to be imprisoned for fine or costs, as provided for in section five hundred, the sentence and execution may, in the discretion of the court or magistrate, require the imprisonment to be at hard labor by the convict.

Violations of

original sec

ished.

SEC. 42. All violations of the provisions of any of tos, now pun said original sections heretofore committed shall be punishable and punished to the same extent and in the same manner as though this act had not been passed, except that such punishments shall not be other or greater than the punishments prescribed by the provisions of this act in like cases.

SEC. 43. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

Section.

Section.

1. Offenses relating to game.

2. Repealing clause.

AN ACT

To amend section eighty-six of an act entitled "An act to establish a criminal code."

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

SECTION 1. That section eighty-six of chapter fifty

certain seasons. Gen. Stat.,

739.

eight of the general statutes of Nebraska is hereby Killing game at amended so as to read as follows: Sec. 86. It shall be unlawful for any person to kill, ensnare, or trap any wild buffalo, elk, (except taking elk for the purpose of domestication), mountain sheep, deer, or antelope between the first day of January and the first day of October in each year; or to kill, ensnare, or trap any wild grouse between the first day of January and the first day of August in each year; or to kill, ensnare, trap, or net any wild turkey or quail between the first day of January and the first day of October in each year; or to ensnare, trap, or net the same at any time of the year, or to buy, sell, ship, transport, or carry or have in possession any such animal or bird between the dates within which the killing ensnaring, or trapping of such animals and birds is prohibited by law. It shall also be unlawful for any person, agent, or employee of any association, corporation, railroad company, express company, or transportation company, to receive, carry, transport, ship, or have in possession any such animal or bird within the time the killing, ensnaring, or trapping of said animals or birds are prohibited by law. It shall be unlawful for any person to go upon the premises of another person or corporation for the purpose of hunting, trapping, netting, ensnaring, or killing any animal or bird in violation of law. It is further enacted, That any person, agent, or employee as aforesaid, who shall violate any provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall pay a fine of fifteen dollars for each buffalo, elk, mountain sheep, deer, antelope, or wild turkey so as aforesaid killed, ensnared, trapped, netted, bought, sold, shipped, transported, or held in possession in violation of this section, and the sum of three dollars for each grouse or quail so as aforesaid, killed, trapped, ensnared, netted, bought, sold, shipped, transported, or held in possession

« ПредыдущаяПродолжить »