Ꮲ Ꭺ Ꭱ Ꭲ Ꭱ Ꮖ Ꭱ Ꮪ Ꭲ.

PART FIRST.

CODE OF NEBRASKA.

AN ACT

Respecting practice and proceedings in Courts of Justice, and for other purposes.

Be it enacted by the Council and House of Representatives of the Territory of Nebraska, as follows, viz:

CHAPTER I.

SUPREME COURT.

SECTION 1. The Supreme Court of the Territory shall have, and exercise, appellate and final jurisdiction of all matters of appeals, or writs of error, that may be taken from the judgments or decrees of the District Courts, in all matters of law, facts and equity, where the rules of law, or the principles of equity appear from the files, exhibits, or records from said courts, to have been erroneously determined.

SEC. 2. Special terms may be called by the Chief Justice, at his discretion, for the trial of appeals in civil cases, with the consent of both parties, or for the trial of appeals in criminal cases, to which the accused consents, and the prosecuting Attorney can show no sufficient objection.

SEC. 3. The court may prescribe the manner of keeping the records of the court, by the clerk thereof, and the rules of practice before said court.

Jurisdiction.

Special term.

Record.

If no quorum,

SEC. 4. If a quorum is not in attendance, on the first day of the term, the fact shall be entered upon the records, and the Court adjourns. court shall stand adjourned until the next day, and a like proceeding from day to day, until the fourth day; and should there still be no quorum the court will stand adjourned until the next term in course. No proceedings shall in any manner be affected by such adjournment, or failure to hold a court, but shall stand continued to the next term.

Writs, &c.

Reporting decisions.

Opinion of court

ing.

SEC. 5. The court may issue all writs and processes, necessary for the exercise and enforcement of its jurisdiction and powers.

SEC. 6. The Judges of the Court may report their own decisions, or they may appoint a reporter, who shall hold his office at the pleasure of the court.

SEC. 7. The opinions of the chief, and each associate justice reduced to writ of the court, on all questions reviewed on appeal, 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; all dissenting opinions must be written and filed in the same manner.

Supervision.

SEC. 8. The Supreme Court has a general supervision over the District Courts, to prevent and correct errors and abuses.

CHAPTER II.

Court held at county seat.

Jurisdiction.

Special term.

Court record.

SEC. 1. The District Court shall be held at the Court House at the county seat in each of the counties aforesaid. When there shall be none, the sheriff of the county shall provide, at the expense of the county, a suitable place at the county seat for holding the Court.

SEC. 2. The District Court shall have original and exclusive jurisdiction over all matters, and suits at law, and in chancery, arising in each county in their respective districts, except when justices of the peace have jurisdiction, and concurrent jurisdiction with said justices of the peace in cases where the demand or cause of action of the plaintiff shall exceed fifty dollars, and not exceeding one hundred dollars, and shall have jurisdiction in all cases of appeal from a justice of the peace, or judge of Probate, and the said judge of the District Courts shall be conservators of the peace throughout the Territory.

SEC. 3. The said courts shall respectively have authority to hear and determine all cases of crimes and misdemeanors whatsoever that may be committed in their respective districts, except those which are exclusively cognizable before justices of the

peace.

SEC. 4. A special term may be ordered and held by the District Judge in any county in his district, for the trial of any criminal offence if he deem it necessary. In ordering a special term he shall direct whether a grand, or petit jury, or both, or neither shall be summoned.

SEC. 5. The District Judges may interchange, and hold each others' courts.

SEC. 6. The Clerk of each District Court shall keep a record of the proceedings of the court, under the direction of the judge. He shall, from time to time, read over all entries therein in open court, which, when correct, shall be signed by the judge.