specifications under them, and be verified by the affidavit of any elector of the state that he believes the charges to be true.

SEC. 5. [Copy of complaint.]-It will be sufficient that the summons require the accused to appear and answer the complaint of A. B. (naming the accuser) for "official misdemeanors;" but a copy of the complaint must be served with the summons.

SEC. 6. [Pleadings.]-No answer or other pleading, after the complaint, is necessary, but the defendant may move to reject the complaint or demur thereto, upon any ground rendering such motion or demurrer proper; and, he may answer if he desires, and if he answer, the accuser may reply or not. But, if there be an answer and reply, the provisions of this statute relating to pleadings in actions shall apply.

SEC. 7. [Judgment of removal,]--The questions of fact shall be tried as in other actions, and if the accused is found guilty, judgment shall be entered removing the officer from his office, and declaring the latter vacant, and the clerk shall enter a copy of the judgment in the election book.

SEC. 8. [Costs.]-The accuser and the accused are liable to costs as in other actions.

SEC. 9. [Vacancy.]-When the accused is an officer of the court, and is suspended, the court may supply his place by appointment for the term.

ARTICLE III.-MISCELLANEOUS ACTS AND PROVISIONS.

SECTION 1. [Bonds for coal.]-The board of county commissioners of each county in this state are hereby authorized and required to submit to the legal voters thereof, on presentation of a petition of twenty resident freeholders of said county, the proposition to issue bonds, not exceeding twenty thousand dollars, the proceeds of which shall be applied to defray the expenses of boring and prospecting for coal in their respective counties under the direction of the commissioners thereof, and said boards are hereby authorized to issue the said bonds for said. purpose, in case the vote shall be favorable to the proposition; Provided, however, That said commissioners may, in their discretion, refuse to submit such inquiry to a vote of the people until the next general election after the presentation of such petition. [G. S. § 1, 249.]

SEC. 2. [Law governing. The act entitled "An act to enable counties, cities and precincts to borrow money upon their bonds, or to issue bonds to aid in the construction or completion of works of internal improvement in this state, and to legalize bonds already issued for such purpose," approved February 15, 1869, so far as applicable, shall govern the proceedings to submit said proposition, issue said bonds and provide for payment of the same. Provided, This act shall not apply to the counties of Burt, Washington and Sarpy. [Id. § 2.]

SEC. 3. [Fees in criminal cases.]-That the board of county commissioners of the several counties in this state are hereby authorized to audit and allow the fees that may be fixed by law for services that may hereafter be performed by justices of the peace, constables and sheriffs in their respective counties, in the arrest and examination of offenders charged with felony, or misdemeanor. [1871 § 1, 133. G. S. 250.

SEC. 4. [Transfer of sinking to general fund.]—That the board of county commissioners of the several counties of the state, may appropriate to the county general fund any county sinking fund in the county treasury not levied for the payment of any bonded indebtedness; also any county moneys from whatever source, excepting the moneys levied for school purposes, that remain on hand in the county treasury, and are no longer required for the purposes for which the same were levied. [1877 § 1, 214.]

SECS. 1-2. "An act to authorize counties to issue bonds to aid in boring for coal in their respective counties." G. S. 249. Took effect March 3, 1873 SEC. 3 "An act to provide for paying officers for services rendered in cases of felony." Laws 1871, 133. As amended 1873. G. S. 250. The words or misdemeanor," at end of section are unconstitutional. 10 Neb. 299. SEC. 4. "An act to transfer surplus county sinking and other funds to the county general fund." Laws 1877.214. Took effect June 1, 1877.

SEC. 5. [Removal of nitro glycerine and explosive material.]— The board of county commissioners of each organized county shall have the power to abate or remove any deposit of nitro glycerine, explosive oils, gun powder, or other dangerous explosive or inflammable material which is so deposited or situated that if ignited, it would, in their opinion, endanger the life, or buildings, or property of any person; and to cause, by the order of said board, that the owner or owners of such material remove the same; and in case the owner or owners of such material, or the person or persons having charge of the same do not remove the same to some place designated or agreed to by said board, within ten days after personal service of such notice to remove the same, each and every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars, nor less than twentyfive dollars. [1879 § 1, 66.]

SEC. 6. [Publications in foreign language.]—That in counties in this state where a newspaper is published in the German, Swedish and Bohemian languages, and the said newspaper has regular daily, tri-weekly, weekly circulation of fifteen hundred copies or more, and it shall be proven by the affidavit of the publisher or foreman thereof to the board of county commissioners in said county that the said paper has such a circulation, it shall be the duty of the county com missioners in said county to have published in said newspaper a report of all the proceedings of said board of county commissioners at each meeting; said report to be prepared by the clerk of said county and delivered to the publisher of said paper, or left at the office of said paper within two days after each meeting of said board of county commissioners. All advertisements of lands offered for sale by the county treasurer of said county shall be delivered to the publisher of said German, Swedish and Bohemian papers, or left at the office of said paper for publication on the same day when the said advertisement shall be inserted in any paper or papers printed in the English language and published in said county. [1879 § 1, 179.]

SEC. 7. [Rate.]-The rate charged for said publication of said reports, notices, and advertisements mentioned in section one of this act shall be the same in said papers printed in the German language as is provided by law to be paid for legal advertisements in papers in this state printed in the English language. [Id. § 2.]

SEC. 8. [Selection of papers.]-If any counties in this state shall contain two or more papers printed in the German language, and the majority of the county commissioners shall be satisfied upon proper proof that two or more of said papers have an actual and regular circulation of fifteen hundred copies or more, then it shall be the duty of the board of commissioners at their first meeting in January of each year, to elect by ballot the German paper published in said county, which shall publish the reports, notices, and advertisements as aforesaid, during the year next ensuing after said meeting. [Id. § 3.]

SEC. 9. [Purchase of real estate.]-That the county poara shall have power to acquire, take, hold, and appropriate so much real estate as shall be necessary and convenient for the use of the county, to construct county buildings. Provided, That no appropriation of private property for the use of the county aforesaid shall be made until full and just compensation therefor be first made to the owner thereof. [1879 § 1, 184.]

SEC. 10. [Damages.]—The damages to be paid by a county for any real estate taken as aforesaid, when not agreed upon, shall be ascertained and determined by commissioners to be appointed by the county judge of said county as hereinafter provided. [Id. § 2.]

SEC. 5. "An act to confer upon boards of county commissioners power to cause the removal of explosive and dangerous material." Laws 1879, 66. Took effect June 1, 1879.

SECS. 6-8. "An act authorizing boards of county commissioners to publish certain proceedings and notices in German newspapers." Laws 1879, 179.

SECS. 9-14. An act to authorize counties to acquire real estate to build thereon county buildings and provide compensation therefor." Laws 1879, 184. Took effect June 1, 1879.

SEC. 11. [Assessment of damages-Appeal.]—In the event that damage cannot be agreed upon, the county judge of the county seeking to appropriate such real estate shall, upon application of the county board, or the owner of the real estate, direct the sheriff of said county to summon six disinterested freeholders of said county, to be selected by said judge and not interested in a like question, unless a smaller number is agreed upon by said parties, whose duty shall be to inspect said real estate and assess the damages which said owner will sustain by the appropriation of his land to the county as aforesaid, and make report in writing to the county judge of said county, who after certifying the same under his seal of office, shall transmit the same to the county clerk of said county for record, and the said county clerk shall file, record, and index the same in the same manner as is provided for the record of pleads [deeds] in this state, and such record shall have the like force and effect as the record of deeds in pursuance of the statute in such case made and provided; and if said county board shall at any time before they enter upon said real estate for the purpose of constructing said county buildings, pay to said county judge for the use of said owner the same [sum] so assessed and returned as aforesaid, they shall thereby be authorized to construct and maintain their county buildings upon said premises; Provided, That either party may have the right to appeal from such assessment of damages to the district court of said county in which such land is situated, within sixty days after said assessment be filed with said county judge, and in case of such appeal the decision and finding of the district court shall be transmitted to [by] the clerk thereof, duly certified, to the county clerk to be filed and recorded as hereinbefore provided in his office. But such appeal shall not delay the prosecution of the work on said county buildings, if such county commissioners shall first pay or deposit with said county judge the amount so assessed by said freeholders, and in no case shall said county board be liable for the costs on such appeal unless the owners of such real estate shall be adjudged entitled upon the appeal to a greater amount of damages than was awarded by said freeholders. The county board shall in all cases pay the cost of the first assessment; Provided, That either party may appeal from the decision of the district court to the supreme court of the state, and the money so deposited shall remain in the hands of the county judge until a final decision be had subject to the order of the supreme court. [Id. § 3.]

SEC. 12. [Vacancy-OathOath-Compensation.]-In case of the death, absence, refusal, or neglect of any of said freeholders to act as commissioners, it shall be the duty of the sheriff of said county to fill vacancies by forthwith summoning disinterested freeholders of the county to act as such commissioners. Said freeholders before entering upon the discharge of their duties shall take and subscribe an oath honestly and truly to assess the damages which such owner or owners shall sustain by the appropriation of his lands to the county, which said oath shall be filed in the office of said county judge. Said appraisers shall each receive two dollars per day for their services, and the same shall be taxed in the bill of costs. [Id. § 4.]

SEC. 13. [Notice to non-residents. If upon the selection of a site for county buildings it shall be found necessary to acquire and appropriate the lands of any non-resident owner, the said county board shall give four weeks notice to such owner, if known, and if not known, by description of such real estate by publication four consecutive weeks in some newspaper published in the county where such land is situated, or if none is published therein, then such notice shall be published for the same time in some newspaper of general circulation in such county, that the county board of such county have selected a site for the construction of county buildings, which site includes his or her lands, and that the same will be taken and appropriated for the purpose of the construction of county buildings, and if such owner shall not within thirty days thereafter apply to said county judge to have the damages assessed in the mode hereinbefore prescribed, said county board may proceed, as herein set forth, to have the damages assessed, subject to the same right of appeal as in case of resident owners, and upon the

payment of the damages assessed to the county judge for such owner the county board shall acquire all right and privileges mentioned in this act. Id. § 5.1

SEC. 14. Act cumulative.-This act shall in no way affect the power of the county board now possessed by law to purchase a site for the construction of county buildings, but is cumulative. Id. § 6.

SEC. 15. Coroner act as sheriff.-Every coroner shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to the case, or whenever affidavits shall be made and filed as provided in the succeeding section, and in all such cases he shall exercise the same powers, and proceed in the same manner as prescribed for the sheriff in the performance of similar duties. [1881 § 1, chap. 42.j

SEC. 16. [Process directed to coroner.]-Whenever any party, his agent or attorney shall make and file with the clerk of the proper court an affidavit stating that he believes the sheriff of such county will not, by reason of either partiality, prejudice, consanguinity, or interest, faithfully perform his duties in any suit commenced, or about to be commenced, in said court, the clerk shall direct the original or other process in such suit to the coroner, who shall execute the same in like manner as the sheriff might or ought to have done, and if like objection shall be made to the coroner by either party, the court shall appoint some suitable person to whom such objection does not apply. [Id. § 2.]

CHAPTER 19.-COURTS-SUPREME AND DISTRICT.

COURT OF IMPEACHMENT.

SECTION 1. [Impeachments.]-All impeachments of state officers shall be tried before the supreme court, except the impeachment of any judge of said court, and the impeachment of a judge of the supreme court shall be tried before all the district judges of the state. [1879, 82.]

SEC. 2. [Powers.]-A court of impeachment shall have power to proceed with a trial only when two-thirds of all the members thereof are in attendance, but any less number shall have power to adjourn to any reasonable time.

SEC. 3. [Rules.]-A court of impeachment shall make such rules and orders as in its discretion shall be best adapted to a full, fair and impartial investigation of the charges made and to the promotion of substantial justice.

SEC. 4. [Clerk and reporter.]-The clerk of the supreme court shall act as the clerk of the court of impeachment, and the court may appoint a short-hand reporter, and such officers shall each receive such an allowance as the court of impeachment may authorize to be by them reported for the consideration of the legislature at its next session.

SEC. 5. [Order of business.]-Whenever the court of impeachment in any way interferes with the business of any other court or county of the state, that of the court of impeachment shall take precedence.

SEC. 6. [Presiding judge.]-When the court of impeachment is composed of the district judges of the state they shall elect one of their number to act as the presiding judge of said court; in all other cases the chief justice shall preside, and the clerk of said court shall keep a full record of each days proceedings, in a book to be specially provided for that purpose, and of which book the clerk of the supreme court shall always be the custodian, and each days proceedings shall be signed by the judge presiding.

SEC. 7. Opinions.-The written opinions of any court of impeachment shall be reported in the volume of supreme court reports issued after the adjournments of said court.

SEC. 8. [How tried.]-An impeachment of any state officer shall be tried, notwithstanding such officer may have resigned his office, or his term of office has expired; and if the accused person be found guilty, judgment of removal from

SECS. 1-49. "An act to amend chapter 13 of the Revised Statutes of 1866 entitled "Courts." Laws 1879, 82. Took effect Mar. 1, 1879.

office, or disqualifying such officer from holding or enjoying any office of honor, profit, or trust in the state, or both, may be rendered as in other cases.

SEC. 9. [Same.]-An impeachment against any state officer shall be tried, and judgment of removal from office, or of disqualification to hold office, may be rendered, notwithstanding the offense for which said officer is tried occurred dur ing a term of office immediately preceding.

SUPREME COURT.

SEC. 10. [How constituted.]-The supreme court shall consist of three judges, a majority of whom shall be necessary to constitute a quorum or pronounce a decision.

SEO. 11. [Chief justice.-The judge of the supreme court having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge having in like manner the next shortest term to serve, shall preside in his stead.

SEC. 12. [Eligibility.]-No person shall be eligible to the office of judge of the supreme court unless he be at least thirty years of age and a citizen of the United States; nor unless he shall have resided in this state at least three years next preceding his election; nor unless he shall have been regularly admitted as an attorney in this state, and remained as an attorney in good standing at the bar thereof.

SEC. 13. [Jurisdiction.]-The supreme court shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, and habeas corpus, and shall have appellate and final jurisdiction of all matters of appeal and proceedings in error which may be taken from the judgments or decrees of the district courts, in all matters of law, fact or equity, where the rules of law or the principles of equity appears from the files, exhibits, or records of said court to have been erroneously determined. [Const., Art. VI. § 2.]

SEC. 14. [Terms.]-Terms of the supreme court shall be held at the capital, beginning on the first Tuesday in January and July of each year.

SEC. 15. [Special terms.]-The judges of the supreme court, or a majority of them, are hereby authorized to appoint and hold a special term of said court,. at such time as they may designate, for disposing of the unfinished business of any general term of said court, and may appoint one special term of said court in any one year for general or special purposes.

SEC. 16. [Quorum.]-If a quorum is not in attendance on the first day of any term, the fact shall be entered on the journal by the clerk, and the court shall stand adjourned until the next day, and a like proceeding shall be had, 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.

SEC. 17. [Reporter.]-The reporter of the supreme court, who under the provisions of section 8, article VI of the constitution, acts as clerk thereof, shall keep his office at the capital, shall be the custodian of the seal of said court, perform the duties devolving upon him by law and be subject to the orders of the court. He shall receive an annual salary of $1,500, payable as the salary of other state officers is paid.

SEC. 18. [Opinions.-The opinions of the court on all questions brought before them, as well as such motions, collateral questions, and points of practice, as they may think of sufficient importance, shall be reduced to writing, filed with and recorded by the clerk of the court. All dissenting opinions must be written, filed and recorded in the same manner.

SEC. 13. A judgment rendered in an action at law cannot be brought by appeal to the supreme court and there tried de novo. 2 Neb. 17. As to proceedings in exercise of original jurisdiction see Chap. 71.