SECTION 1. Amendment of pleadings, etc. AN ACT To amend section one hundred and forty-four of chapter fifty-seven, title seven, of the code of civil procedure of the State of Nebraska. Be it enacted by the Legislature of the State of Nebraska: Amendment of Gen. Stat., 546. SECTION 1. That section one hundred and forty-four pleadings. of chapter fifty-seven, title seven, of the code of civil R.S., 1866, 416. procedure of the state of Nebraska, be amended so as to read as follows: Sec. 144. The court may, either before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved. And whenever any proceeding taken by a party fails to conform, in any respect, to the provisions of this code, the court may permit the same to be made comformable thereto by amendment. SEC. 2. This act shall be in force from and after its passage. Approved, February 4, 1875. To take effect. Bond of receiver. SECTION 1. Bond of receiver. AN ACT To amend section two hundred and sixty-nine of the code of civil procedure of the revised statutes of 1873. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That section two hundred and sixty-nine R. S. 1866, 438. of the code of civil procedure, revised statutes of 1873, be Gen. Stat., 569. amended to read as follows: Sec. 269. Every order ap To take effect. pointing a receiver shall require the applicant to give a bond conditioned to pay all damages which the other parties to the suit, or any of them, may sustain by reason of the appointment of a receiver in case it shall be finally decided that the order ought not to have been granted, and shall also require the receiver to give a bond conditioned to faithfully discharge his duties as receiver and obey all orders of the court. The said bonds shall each run to the defendant, and all adverse parties in interest and be for the use of any party to the suit, and be in a penal sum equal to double the value of the property in question, and be executed by two or more sureties to be approved by the court or judge making the appointment, and be filed in the office of the clerk of the district court; nor shall the same be considered executed until they are so filed.* SEC. 2. This act shall take effect and be in force from and after its passage. Approved, February 25, 1875. SECTION 1. Notice of taking depositions. How served. AN ACT To amend section three hundred and seventy-eight of the code of civil procedure. Be it enacted by the Legislature of the State of Nebraska : taking How served. SECTION 1. That section three hundred and seventy- Notice of eight of the code of civil procedure is hereby amended so depositions. as to read as follows: Sec. 378. Prior to the taking of R. S. 1866, 456. any deposition, unless taken under a special commission, a Gen. Stat., 588. written notice specifying the action or proceeding, the name of the court or tribunal in which it is to be used, and the time and place of taking the same, shall be served upon the adverse party, his agent or attorney of record, or left at his usual place of abode. The notice shall be served so as to allow the adverse party sufficient time by the usual route of travel to attend, and one day for preparation, exclusive of Sundays, and the day of service; and the examination may, if so stated in the notice, be adjourned from day to day. The notice shall also specify the names of witnesses to be examined. And when the place of taking the deposition shall be out of the state, or more than fifty miles from the place of trial of the action, the adverse party, within forty-eight hours after service of the notice, may serve upon the party taking the deposition, his agent or attorney of record, written cross interrogatories to be propounded to any witness, and such last-named party shall cause them to be transmitted to the officer before whom the deposition is taken, who shall propound them to the witness, and they shall be answered subject to objections, as in other cases. SEC. 2. This act shall take effect and be in force from To take effect. and after the first day of March, A. D. 1875. Approved, February 24, 1875. Confirmation of sale. R. S. 1866, 478. Gen. Stat. 610. Acts repealed. To amend section four hundred and ninety-eight of chapter fiftyseven of the code of procedure civil. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That section four hundred and ninety-eight of chapter fifty-seven of the code of procedure civil be and the same is hereby amended to read as follows: Sec. 498. If the court upon the return of any writ of execution or order of sale for the satisfaction of which any lands and tenements have been sold, shall, after having carefully examined the proceedings of the officer, be satisfied that the sale has in all respects been made in conformity to the provisions of this title, the court shall direct the clerk to make an entry on the journal that the court is satisfied of the legality of such sale, and an order that the officer make to the purchaser a deed of such lands and tenements; and the officer on making such sale may retain the purchase money in his hands until the court shall have examined his proceedings as aforesaid, when he shall pay the same to the to the person entitled thereto, agreeable to the order of the court: Provided, That the judge of any district court may confirm any such sale at any time after such officer has made his return, on motion and ten days' notice to the adverse party or his attorney of record, if made in vacation. When any sale is confirmed in vacation, the judge confirming the same shall cause his order to be entered on the journal by the clerk. SEC. 2. All acts and parts of acts, so far as they conflict with the provisions of this act, be and the same is hereby repealed. SEC. 3. This act shall be in force from and after its To take effect. passage. Approved, February 25, 1875. SECTION 1. Disobedience of order, how punished. AN ACT To amend section five hundred and forty-six of the code of civil procedure. Be it enacted by the Legislature of the State of Nebraska: of order of court. R. S. 1866, 489. Gen. Stat. 621. SECTION 1. That section five hundred and forty-six of Disobedience the code of civil procedure of the state of Nebraska be amended so as to read as follows, to wit: Sec. 546. If any person, party, or witness, disobey an order of the judge, or referee, duly served, such person, party, or witness may be punished by the judge as for contempt; and if a party [he] shall be committed to the jail of the county, wherein the proceedings are pending, until he shall comply with such order; or, in case he has, since the service of such order upon him, rendered it impossible for him to comply therewith, until he has restored to the opposite party what such party has lost by such disobedience, or until discharged by due course of law. SEC. 2. This act shall take effect and be in force from To take effect. and after its passage. Approved, February 4, 1875., |