how sold. an annual salary of fifteen hundred dollars, to be paid as Reports, the salaries of other state officers are paid. Sec. 6. Said reports shall be deposited in the state library, and sold as called for, at the rate of two dollars and twenty-five cents per volume, which amount shall be paid into the state treasury. All money heretofore paid into said treasury on account of sales of said reports, and which may hereafter arise from a sale of the same, shall constitute a library fund, to be drawn on vouchers approved by the chief justice of the supreme court, and used in the purchase of law books and reports for said library. Copies of said reports shall also be delivered to the judges of the supreme and district courts, and to each of the officers of the executive department. Sec. 7. The opinions of the chief and each Opinions to be associate justice of the court on all questions brought be- corded. fore them, as well as such motions, collateral questions and points of practice, as they may think of sufficient importance, shall be reduced to writing, and filed with the clerk of the court, to be by him recorded, and thereafter delivered to the reporter. All dissenting opinions must be written, filed, and recorded in the same manner. SEC. 2. Sections five, six, and seven of said chapters, as now existing, shall be, and the same are hereby repealed; Provided, That such appeal shall not effect the payment or sales of reports as in said sections provided, but the same shall be paid for as in said sections provided. SEC. 3. The necessary funds to carry into effect the provisions of this act, and of the sections herein amended, are hereby appropriated out of any funds in the treasury not otherwise appropriated. filed and re SEC. 4. This act shall take effect and be in force from To take effect. and after its passage. Approved, February 2, 1875. Clerks of courts to turn county clerks. SECTION 1. Clerks of courts to turn over records to county clerks. AN ACT To amend section fifty-seven (57), chapter fourteen (14) of general statutes. Be it enacted by the Legislature of the State of Nebraska : SECTION 1. That section fifty-seven (57), chapter fourover records to teen (14), of general statutes be, and the same is hereby amended so as to read as follows: Sec. 57. It shall be the duty of every clerk of the court who is not a county clerk, to immediately deliver over to the county clerk o his county, all books, records, documents, papers, and instruments, belonging to the office of the district court in his county: Provided, That the counties of Douglas, Nemaha, Gage, Sarpy, Pawnee and Dodge, be and are hereby exempted from the operations of this act. To take effect. SEC. 2. This act shall take effect and be in force from and after its passage. Approved, February 24, 1875. To amend section fifty-eight of chapter fourteen, general statutes. of the general statutes be, and the same is hereby amen- Instructions to jury to be in ded to read as follows: Sec. 58. It shall be the duty of writing. the judges of the several district courts, in all cases, both civil and criminal, to reduce their charge or instructions to the jury to writing, before giving the same to the jury, unless the so giving of the same is waived by the counsel in the case in open court, and so entered in the record of said case; and either party may request instructions to the jury on points of law, which shall be given or refused by the court; all instructions asked shall be in writing. how made. SEC. 2. If the court refuse a written instruction as de- Modifications, manded, but give the same with a modification, which the court may do, such modification shall not be by interlineation or erasure, but shall be well defined, and shall follow some such characterizing words as "changed thus," which words shall themselves indicate that the same was refused as demanded. tions to be read over to the SEC. 3. The court must read over all the instructions What instrucwhich it intends to give, and none others, to the jury, and jury. must announce them as given, and shall announce as refused, without reading to the jury, all those which are refused, and must write the words "given" or "refused," as the case may be, on the margin of each instruction. be in consecu bered para. SEC. 4. If the giving or refusal be accepted to, the Instructions to same may be without any stated reason therefor, and all tively numinstructions demanded, as well as all instructions given to graphs. the jury by the court on its own motion, must be plainly and legibly written in consecutively numbered paragraphs, and filed by the clerk before being read to the jury by the court; and such instructions shall be preserved as part of the record of the cause in which they were given. nation allowed. SEC. 5. No oral explanation of any instruction autho- No oral expla rized by the preceding sections shall, in any case, be allowed, and any instruction or charge, or any portion of To take effect. a charge or instructions given to the jury by the court and not reduced to writing as aforesaid, or a neglect or refusal on the part of the court to perform any duty enjoined by the preceding sections, shall be error in the trial of the case, and sufficient cause for the reversal of the judgment rendered therein. SEC. 6. All acts and parts of acts, so far as they are inconsistent with the provisions of this act, be and the same are hereby repealed. SEC. 7. This act to be in force from and after the first day of April, A. D., 1875. Approved, February 25, 1875. No. of notaries public allowed 1869, § 12, 22. Gen. Stat., 496. SECTION 1. Number of notaries public allowed in each county. AN ACT To amend section twelve, chapter forty-nine, of an act "to provide for the appointment of notaries public." Approved, February 8, 1869. Be it enacted by the Legislature of the State of Nebraska : SECTION 1. That section twelve, chapter forty-nine, of in each county. an act entitled "an act to provide for the appointment of notaries public," approved, February 8, 1869, be and the same is hereby amended so as to read as follows: Sec. 12. Hereafter the number of notaries public shall be limited to three for each one thousand inhabitants in each. county, to be estimated upon the basis of six persons to every vote cast for the office of governor at the state election: Provided, That not less than twelve notaries public may be appointed and commissioned in any county of this state, including the unorganized territory attached to such county for judicial purposes, and whenever a vacancy in the office of notary public shall occur in any county, it shall be the duty of the county clerk to notify the secretary of state of the fact, who shall keep a record in his office of the name of the person appointed, date of his commission, and time of its expiration, and the time such office becomes vacant, either by removal from office, removal from the county, or limitation of term of appointment, and when a vacancy shall occur in the office of notary public in any county, it shall be the duty of the secretary of state to notify the governor of such vacancy. SEC. 2. This act shall take effect and be in force from To take effect. and after its passage. Approved, February 9, 1875. SECTION 1. Divorce, how decreed. AN ACT To amend section six, of chapter nineteen of the revised statutes, and to repeal section five of the same chapter. Be it enacted by the Legislature of the State of Nebraska: how decreed. Gen, Stat., 345. SECTION 1. That section six, of chapter nineteen of the revised statutes of the State of Nebraska, be amended Divorce, to read as follows, to-wit: Sec. 6. A divorce from the bonds of matrimony may be decreed by the district court of the county where the parties, or one of them, reside, on the application by the petition of the aggrieved party in either of the following cases: |