SEC. 7. This act shall take effect and be in force from and after the first day of May next. Approved, February 27, 1875. Tumbling-rods Penalty for violating act. To guard against accidents in the use of tumbling-rods. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That all persons in this state who are or may hereafter own or run any thrashing machine, corn sheller, or any other machine which is connected to a horse-power by means of tumbling-rods, or line of shafting, shall cause each and every length or section of such tumbling-rod, (except the one next to the horse-power), together with the knuckles or joints and jacks thereof, to be safely boxed or secured while running. SEC. 2. Any person owning or running any machine as mentioned in section one of this act, without complying, with the requirements of the aforesaid section, shall be held liable to the person injured for any damage which may be sustained by such person by reason of such neglect, and no action shall be maintained nor shall any legal liability exist for services rendered by or with any such machine when it shall be made to appear that the first section of this act has not been complied with. SEC. 3. This act shall take effect and be in force from and after the first day of June, 1875. Approved, February 2, 1875. SECTION 1. When judges may designate counties where indictment found. AN ACT To authorize the judges of the district court to designate the county where an indictment may be fouud, and the person tried for any felonious offense charged to have been committed in any unorganized county, or in any county where no district courts are held. Be it enacted by the Legislature of the State of Nebraska: may designate accused to be SECTION 1. That it shall be lawful for the judge of When judges any judicial district court within the state of Nebraska, counties where where it is made to appear to him that a crime has been indicted. committed amounting to felony within any unorganized county or territory, or in a county where no terms of the district court of this state are held, attached to or in his said district for judicial or other purposes, to designate the county in his district wherein the alleged offense may be inquired into by the grand jury, and in case an indictment found, the person or persons so indicted tried: Provided, Nothing herein shall prevent the person or persons indicted, upon a legal and proper application, removing the trial thereof to some other county in the same judicial district: And provided further, The county wherein the offense was committed shall pay all the costs and expenses of the prosecution. SEC. 2. This act shall take effect and be in force from and after its passage. Approved, February 25, 1875. 1. Time of sentence of convicts, 3. Governor to issue warrant how commuted. 2. Time when lost by miscon for discharge of convict. 4. Acts repealed. duct. AN ACT Time of sentence of convicts-how committed. Gen. stat., P. 848. Time when lost by misconduct In relation to persons imprisoned under sentence for offenses against the state of Nebraska. Be it enacted by the Legislature of the State of Nebraska : SECTION 1. That every convict who is now or who may hereafter be confined in the Nebraska penitentiary, and who shall have no infraction of the rules or regulations of the penitentiary or laws of the state recorded against him, and who performs in a faithful manner the duties assigned to him in an orderly and peaceful manner, shall be entitled to the diminution of time from his sentence as appears in the following section, and pro rata for any part of a year where the sentence is for wore or less than a year. Of two months on the first year; of two months on the second year; three months on the third year; of four months on the fourth year, and the like diminution of time for each succeeding year of time of their sentence. SEC. 2. Whenever a charge of misconduct shall be sustained by the warden and inspectors at their first meeting after said charge or charges shall have been recorded by the warden or his deputy against a prisoner, he shall lose the deduction of time specified in section one of this act, but he may regain by continuous good conduct thereafter a deduction of time not exceeding seventy-five per cent. of said time specified in section one of this act, and as much less as the warden and inspectors may certify to, as a suitable reward for good conduct. issue warrant convict. SEC. 3. The governor shall, upon receiving certificate Governor to of good conduct from the warden and inspectors, im- for discharge of mediately issue his warrant for discharge of such convict; said warrant shall in all cases restore the prisoner to civil rights the same as though a pardon had been issued. SEC. 4. All acts and parts of acts in conflict with Acts repealed. this act are hereby repealed. Gen. Stat., 848. SEC. 5. This act shall take effect and be in force from To take effect. and after its passage. Approved, February 25, 1875. SECTION 1. Witness fees, by what county paid. AN ACT Providing for the payment of witness fees in criminal cases. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That the fees of all witnesses in criminal Witness fees, by what county cases, in the district court, shall be paid by the county paid. where the indictment is found. SEC. 2. This act shall take effect and be in force from To take effect. and after its passage. Approved, February 24, 1875. Verification of pleadings by agent or attorney. R. S. 1866, 412. Gen. Stat., 543. To take e Tect. PART II. CIVIL CODE. SECTION 1. Verification of pleadings by agent or attorney. AN ACT To amend section one hundred and twenty of the code of civil procedure. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That section one hundred and twenty of the code of civil procedure of this state be and is hereby amended so as to read as follows: Sec. 120. When the affidavit is made by the agent or attorney, it must set forth the reason why it is not made by the party himself. It can be made by the agent or attorney only. First. When the facts are within the personal knowledge of the agent or attorney. Second. When the plaintiff is an infant, or of unsound mind, or imprisoned. Third. When the pleading to be verified is founded upon a written instrument for the payment of money only, and such instrument is in the possession of the agent or attorney. Fourth. When the party is not a resident of, or is absent from the county. Fifth. When the party is a corporation, in which case it may be made by the attorney, or any officer or agent upon whom a summons could be legally served. SEC. 2. This act shall take effect and be in force from and after its passage. Approved, February 24, 1875. |