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bonds for

be not delivered, or be unable to attend, the court shall Renewal of order the removal of the bonds of recognizance, that the recognizance. accused person shall be forthcoming at the next court after the birth of the child, at which the mother of said child shall be able to attend; and the continuance of such bonds shall be entered by order of said court, unless the security shall object thereto, and shall have the same force and effect as a recognizance taken in court for that purpose.

to

SEC. 5. That when such accused person shall plead when issued not guilty to such charge before the court to which he is jury. recognized, the court shall order the issue to be tried by a jury; and at the trial of such issue the examination before the justice shall be given in evidence, and the mother of the bastard child shall be admitted as a competent witness and her credulity be left to the jury; Provided, always, that no woman shall be admitted as a witness as aforesaid, who has been convicted of any crime which would by law disqualify her from being a witness in any other case; and on the trial of the issue the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also, any variations in her testimony before the justice and that before the jury; and also, any other confession of her, at any time, which does not agree with her testimony, on any other pleas or proofs made and produced on behalf of such accused person.

defendant

SEC. 6. That in case the jury find the defendant guilty, Proceedings i or such accused person before the trial, shall confess in found guilty, court that the accusation is true, he shall be judged the reputed father of such child, and shall stand charged with the maintenance thereof in such a sum or sums as the court may order and direct, with payments of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and in case

When defendant admitted to bail,

Warrant for arrest of defendant.

the said reputed father shall neglect or refuse to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the county, to remain till he shall comply with the order of the court.

SEC. 7. When any defendant to a complaint of bastardy shall have been committed to jail on neglect or refusal to find the security required by the third section of this act, or on failure of such defendant to renew his recognizance as required by the fourth section of this act, it shall be lawful for any judge of the district court, or probate judge within his county, to admit such defendant to bail by recognizing him in such sum and with such securities as such judge shall deem proper, conditioned for the appearance of such defendant before the proper court to answer the complaint made, under which he stands charged, and for taking such bail the said judge may, by his special warrant, under his hand, require the sheriff or jailor to bring such defendant before him at the court house of the proper county, at such time as in such warrant the judge may direct; Provided, that in fixing the amount of bail, the judge admitting the same, shall be governed in the amount and quality of bail required by the third section of this act.

SEC. 8. The warrant authorized to be issued by this act, against any accused person, shall authorize and empower the officer to which it is directed, to pursue and take the accused person in any county in this state, and to bring said accused person before the justice who issued said warrant, to answer the complaint made against him. SEC. 9. That chapter twenty-eight (28) of the revised Gen. Stat., 404. statutes, A. D. 1873, entitled, "Illegitimate Children," be, and the same is hereby repealed.

Act repealed.

To take effect.

SEC. 10. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

SECTION 1. Redemption of real estate levied on or sold under judgment or decree, how made.

AN ACT.

Providing for the redemption of real estate from decree and jndgment liens.

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

real estate

sold under a

decree.

SECTION 1. That the owners of any real estate against Redemption of which a decree of foreclosure has been rendered in any levied on or court of record, or any real estate levied upon to satisfy jadgment or any judgment or decree of any kind, may redeem the same from the lien of such decree or levy at any time before the sale of the same shall be confirmed by a court of competent jurisdiction by paying into court the amount of such decree or judgment, together with all interest and costs; and in case the said real estate has been sold to any person not a party plaintiff to the suit, the person so redeeming the same shall pay to the said purchaser twelve per cent. interest on the amount of the purchase price from the date of the sale to the date of redemption, or deposit the same with the clerk of the court where the decree or judgment was rendered.

SEC. 2. This act shall apply to all cases now pending where the sale of lands therein has not been confirmed.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

Justices of peace to hold

part of cities and towns.

SECTION 1. Justices to hold court in any part of cities and

towns.

AN ACT.

To allow justices to hold their courts within the limits of cities and towns in certain cases.

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

SECTION 1. In all cities and towns having within their Cour's in any corporate limits two or more precincts or any portion thereof, it shall be lawful for any justice of the peace, to hold his court in any part of said cities or towns without regard to the precinct in which he resides.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

Proceedings

SECITON 1. Proceedings in district court in appeal cases.

AN ACT.

Regulating the taking of appeals from the judgments of probate judges and justices of the peace.

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

SECTION 1. That upon appeal from the final judgin district court ment of the probate judge, or any justice of the

n appeal cases.

peace,

to

the district court of the county where the judgment was rendered, as now provided by law, the applicant shall, at the time of taking such appeal, file the transcript and

undertaking now required by law to be filed in cases of appeal, in the appellate court; and the plaintiff shall, within twenty days thereafter, file the petition required by law to be filed in civil cases, in the court to which such appeal is taken; and the answer shall be filed and issue joined as in cases commenced in such appellate court.

SEC. 2. All acts or parts of acts inconsistent with this Acts repealed. act are hereby repealed.

SEC. 3. This act shall take effect and be in force from

and after its passage.

Approved, February 24, 1875.

SECTION 1. Trial docket to be printed.

AN ACT,

Relating to the trial docket in the district court.

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

Trial docket to

SECTION 1. That the trial docket provided for in section 327, of the code of civil procedure, shall be be printed. printed when the judge shall deem the same advisable, and shall so order, and the cost of said printing shall be audited and paid by the respective counties as in other

cases.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, February 2, 1875.

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