Page images
PDF
EPUB

Amending sec. 7.

Drawing names of jurors.

Notice to jurors.

the case in which they may be serving if any at the expiration of such time unless sooner excused by the court.

SEC. 3. That section seven (7) of said act be and the same is hereby amended to read as follows: Section 7. At least twenty (20) days before the first day of any trial term of the district court, the clerk of such court shall repair to the office of the county clerk, and in the presence of such county clerk and at least one of the judges of the district court, after the box or wheel containing said names has been well shaken by the county clerk, and without partiality, draw thirty (30) names of persons then residents of said county, for each judge sitting with a jury in said court, as petit jurors for the first three weeks of that term, unless such court shall otherwise order, and said clerk shall, immediately after such drawing, post in a conspicuous place in his office the names of the persons so drawn, and shall also immediately notify said person by registerd letters of the fact of their having been drawn as jurors, which notice shall command them to appear at the place of holding such court at the hour of ten (10) A. M. of the first (1st) day of the term of Failure to obey said court. If any person so drawn shall fail to appear at said time and place, the court shall order the clerk to issue a summons for him to appear forthwith, which shall be served as provided in section six hundred and sixty-two (662) of the Code of Civil Procedure, and unless such person upon appearance shall make it satisfactorily appear to the court that he had no actual notice that he was drawn as a juror, and required to report as aforesaid, he shall be taxed with the costs of such

notice.

his

of jurors.

Jurors for second three weeks,

service, which shall be entered as a judgment against him in favor of the state, and when collected shall be turned over to the treasurer of said county. The court shall examine all jurors so drawn who Examination appear, and if more than twenty-four (24) petit jurors for each judge sitting with a jury who are qualified and not subject to any exemptions or any of the disqualifications provided in this act shall appear and remain after all excuses are allowed, the court shall discharge by lot the number in excess of twenty-four (24) for each judge sitting with a jury. At the same time and in the same manner the clerk of said court shall also draw the same number of names as petit jurors for the second three weeks of that term, and the persons so drawn shall be notified and summoned the same as those first drawn, and during the term, the court shall direct the clerk to draw, notify, and summon other petit jurors in the manner described, as often as the length of the term may require; Provided, That should said clerk draw from the said box the name of a person whom he may know to be dead, it shall be the duty of said clerk to report the name of such person to the county clerk, and said clerk of such court shall draw other names until the required number shall have been selected.

Provided, also, That whenever there shall be special panel. pending for trial in said court, any criminal cause wherein the defendant is charged with a felony and the judge holding said court shall be convinced from the circumstances of the case that a jury cannot be obtained from the regular panel to try said cause, said judge may in his discretion, prior to the day fixed for the trial of said cause,

Amending sec. 10.

Filling panel.

Talesmen.

direct the clerk to draw (in the same manner as the regular panel is drawn), such number as the judge may direct as a special panel, from which a jury may be selected to try said cause, which panel shall be notified and summoned for said day the same as the regular panel.

SEC. 4. That section ten (10) of said act be and the same is hereby amended to read as follows:

Section 10. If for any reason the panel of petit jurors shall not be full at the opening of such court, or at any time during the term, the clerk of such court may again repair to the office of the county clerk and draw in the same manner as at the first drawing, such number of jurors as the court shall direct to fill such panel, who shall be notified and summoned in the same manner as the others, and if necessary, jurors may continue to be so drawn, notified, and summoned from time to time until the panel shall be filled. In case a jury shall be required in such court for trial of any cause, before the panel shall be filled in the manner herein provided, the court shall direct the sheriff to summon from the bystanders, or from the body of the county, a sufficient number of sons having the qualification of jurors, as provided in this act, to fill the panel, in order that a jury to try such cause may be drawn therefrom, and when such jury is drawn, the persons selected from the bystanders, or from the body of the county, to fill the panel, and not chosen on the jury, shall be discharged from the panel, and those who shall be chosen to serve on such jury shall also be discharged from the panel at the conclusion of the

per

trial; Provided, That persons selected from the bystanders, as provided in this section, shall not thereby be disqualified or exempt from service as jurors, when regularly drawn by the clerk for that purpose, in the manner provided in this act.

Repealing

SEC. 5. That sections two (2), four (4), seven clause. (7), and ten (10) of said act as heretofore existing, and also sections five (5) and nine (9) of said act be and the same are hereby repealed.

SEC. 6. Whereas an emergency exists for the Emergency. passage of this act, therefore this act shall take effect and be in force from and after its passage. Approved April 6, 1891.

CHAPTER 59.

[House Roll No. 9.]

AN ACT to amend the "Criminal Code," section one hundred and twenty-five (125) of chapter fifteen (15) of the Compiled Statutes of the state of Nebraska of 1887, entitled "Crimes and offenses."

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

125 of chap. 15

Code.

SECTION 1. That the Criminal Code, section Amending sec. one hundred and twenty-five (125) of chapter fif- of the Criminal teen (15), be and the same is hereby amended to read as follows:

Obtaining money, goods, etc., under

Section 125. If any person, by false pretense or pretenses, shall obtain from any other person false pretenses. any money, goods, merchandise, or effects whatsoever, with intent to cheat or defraud such person of the same, or shall sell, lease, or transfer any void or pretended patent right as certificate of, in a pretended corporation, and take the promissory

Repealing clause.

note or other valuable thing of such purchaser, or shall fraudulently make and transfer any bond, bill, deed of sale, gift, grant, or other conveyance to defraud his creditors of their just demands, or if he shall obtain the signature or endorsement of any person to any promissory note, bank check, draft, bill of exchange or any other instrument in writing fraudulently or by misrepresentation, if the value of the property or promissory note or written instrument fraudulently obtained or conveyed as aforesaid shall be thirty-five ($35) dollars or upwards, such person so offending shall be imprisoned in the penitentiary not more than five years nor less than one year, but if the value of the property be less than thirty-five ($35) dollars the person so offending shall be fined in any sum not exceeding one hundred ($100) dollars or be imprisoned in the jail of the county not exceeding thirty days, and be liable to the party injured in the amount of damages sustained.

SEC. 2. That section one hundred and twentyfive (125) of chapter fifteen (15), Criminal Code of the Compiled Statutes of the state of Nebraska, as said section now exists and is in force, be and the same is hereby repealed.

Approved April 8, 1891.

« PreviousContinue »