Nebraska advertiser., 1870-03-03

AN ACT regulating the Jurisdiction Of Pro-
bate Courts in Civil Cases, % provide for
Holding Regular Terms of said Courts, and
To Provide for the Compensation Of Pro-
bate Judges.
SeCTIoN /. Be it enacted or the legislature Of
The State Of Nebraska, That Probate Judges in
their respective counties shall have and ex-
erciSe the ordinary power and jurisdiction
OF a Justice Of the Peace In this State, and
shall have concurrent jurisdiction with the
District Court OF this state IN all civil cases
in any sum not exceeding three dol
lars, exclusive OF costs and the costs Of civil
proceedings, and the costs relative 10 Justices
of the Peace of this state where no special
/ provision is made by this act,D SO for as In
their nature applicable, shall apply to all
civil proceedings OF the said Probate Court
Preceded, However, that said Courts shall
not have jurisdiction in any action for mali
/ ciOuS prosecution in actions against officers
for misconduct in Office, except where like
proceedings can be had before Justices of the
Peace in action for SANDER or libel in actions
on contracts for real estate in any matter
wherein the title or boundaries of land may
be in despute,or to order or decree the sale or
partition of real estate.
SECTION 2. indie IL further enacted. That
it shall be the duty of the Probate Judge in
each county IN this State to hold q regular
term OF Court, at the Office Of the Oun seat
/ of his county,, OH the first Monday OF each
calendar month, fol the trial Of such civil
causes as may be brought before said Court.
SECTION 8. Ind be il further enacted, That
in all civil cases, commenced unde his act,
wherein the same shall exceed one hundred
| dollars, it shall be the duty of the Probate
Judge 10 issue a summons, r~eturnable on the
first day of the next Term of said Court for
the trial OF civil cases, IL there be ten DAYS
intervening between the iSSuingO Of said sum
mons ard the first day Of said Term, and If
not, Then TO DC made ~turn on the first
day of the next regular Term thereafter.
which snmmOn shall be directed or deliv-
cred to the Sheriff, or TO any constable OF said
county, and said sheriff or constable shall
serve the same upO the defendant or defend
ants, as in other civil cases, at least ten days
before the return day thereof, and make re-
turn thereof on the morning Of the day on
which the same is made returnable,
PrOCided, That when saldsummOns has not
been served ten days before the first day OF
said Term said cause shall be continued until
the next regular Term Ofsaid Court. and shall
then stand for trial without further notice to
the defendant.
SECTION 4. Ind be 10 further enacted, That
in all civil cases commenced under this Act.
before q summons Is issued therein, the
plaintiff, his agent or attorney, shall file q bill
OF particulars, setting forth, in ordinary and
concise Language, his demands. And hede
fendant shall also file, on or before the COM
mencement of the trial, any set-OR or other
defence he may have.
SECTION D. AHd be 10 further enacted, That
each party may appeal from the Judgment OF
the Court, or prosecute q petition in error to
the District COurtin the same manne as now
provided by law in cases tried and deter
mined by Justices Of the Peace. The amount
Of the bond taken shall be double the amount
of the Judgment and costs, and shall be
approved by the Probate Judge.
SECTION g. Ind be Il further enacted, That
any person against whom O judgment may
be rendered under the provisions of this Act
on all sums exceeding one n dollars,
may have stay of execution, as in like iudg-
ments rendered in the District Court of this
state, and upon the same conditions, and on
all sums OF over II hundred dollars, n un-
der the same as in Justices Courts.
SECTION Z. AHd be 70 further enacted, That
the Probate Judge shall be allOwed as COM
pensatiOn for their services the usual fees
now allowed by law to Justices of the Peace,
ana the further sum Of one dollar for each
and every cause tried by said Judge, as pro-
vided for by this Act.
SECTION 3. AHd be IL GtrtherseHdctsd That
any person having a Judgment rendered In
any Probate Court may cause a transcript to
be filed in the Office Of the Clerk OF any Dis
trict Court IN this State in the same manner
as is now provided for by law for filing tram
scripts for Justices dOckets in said District
Court, and said transcript when so dled shall
be q lien on real estate in the Ounty or cOun-
ties where the same is filed.
SECTION 9. Ind be Il further enacted, Tina
either party may demand q Jury for the trial
of any cause pending in said Probate Court,
and il shall be the duty Of the Judge TO cause
the same manner as is now provided by law,
Tor selecting JurleS by Justices of the Peace.
SECTION 10. AHI be 10 further enacted, That
Probate Judge shall issue executions on
rendered by said Court, directed
10 the Sheriff, or any constable OF the county,
VINO shall proceed in all cases as is now pro. |
yided by law governing executions issued by
Justices Of the Peace.
SECTION III. Ind be Il further enacted, That
this act shall take eject and be in force from
and after its passage.
APPROVED, February g, 1879.