SEC. 576. [Judgment.]-SEO. 5. Upon the hearing of a petition in error, the court may affirm the judgment or reverse it in whole or in part, and order the accused to be discharged.

SEC. 577. [Recognizance.]-SEC. 6. No sentence or judgment shall be suspended or execution stayed until the defendant shall enter into a recognizance before the clerk of the district court, where his petition in error is filed, conditioned that the defendant will prosecute his petition in error to effect, and surrender himself to the custody of the proper officer of the county in which the conviction was had, in case the judgment against him be not reversed or a new trial ordered.

CHAPTER LIV.-PROSECUTION OF OFFENSES BY INFORMATION.

SEC. 578. [Jurisdiction.]-SEC. 1. That the several courts of this state shall possess and may exercise the same power and jurisdiction to hear, try, and determine prosecutions upon information, for crimes, misdemeanors and offenses, to issue writs and process, and do all other acts therein, as they possess and may exercise in cases of like prosecutions upon indictments. [1885, chap. 108.]

SEC. 579. [Informations.]-SEC. 2. All informations shall be filed during term, in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant; he shall subscribe his name thereto, and indorse thereon the names of the witnesses known to him at the time of filing the same; and at such time before the trial of any case as the court may, by rule or otherwise, prescribe, he shall endorse thereon the names of such other witnesses as shall then be known to him.

SEC. 580. [Same-Verification-Statement of offense.]-SEC. 3. All information shall be verified by the oath of the prosecuting attorney, complainant or some other person, and the offenses charged therein shall be stated with the same fullness and precision in matters of substance, as is required in indictments in like cases. Different offenses and different degrees of the same offense may be joined in one information, in all cases where the same might by different counts in one indictment; and in all cases a defendant or defendants shall have the same rights, as to proceedings therein, as he or they would have if prosecuted for the same offense upon indictment.

SEC. 581. [Acts applicable.]-SEC. 4. That the provisions of chapters XL, XLI, XLII, XLIII, XLIV, XLV, of the Criminal Code, in relation to indictments, and all other provisions of law applying to prosecutions upon indictments to writs, and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments, or the execution of any sentence and to all other proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent, as near as may be, apply to informations, and all prosecutions and proceedings thereon.

SEC. 582. [Imprisonment-Recognizance.]-SEC. 5. Any person who may, according to law, be committed to jail, or become recognized or held to bail with sureties for his appearance in court to answer to any indictment, may, in like manner, so be committed to jail or become recognized and held to bail for his appearance, to answer to any information or indictment, as the case may be.

SEC. 583. [Duty of prosecutor.]-SEC. 6. It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall be committed to jail, or become recognized or held to bail, and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe, and file with the clerk of the court,

CHAP. LIV. "An act to provide for prosecuting offenses on information and to dispense with the calling of grand juries except by order of the district judges." Took effect June 3, 1885.

a statement in writing, containing his reasons, in fact and in law, for not filing an information in such case, and that such statement shall be filed at and during the term of court at which the offender shall be held for his appearance; Provided, That in such case such court may examine said statement together with the evidence filed in the case, and if upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information, and bring the case to trial.

SEC. 584. [Grand juries.]-SEC. 7. Grand juries shall not hereafter be drawn, summoned, or required to attend at the sittings of any court within this state, as provided by law, unless the judge thereof shall so direct by writing, under his hand, and filed with the clerk of said court.

SEC. 585. [Preliminary examination.]-SEC. 8. No information shall be filed against any person for any offense, until such person shall have had a preliminary examination therefor as provided by law, before a justice of the peace or other examining magistrate or officer, unless such person shall waive his right to such examination; Provided however, That information may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner, and the same proceedings may be had thereon, as provided by law in like cases of demand upon indictment filed.

INDEX.

ABANDONMENT.

ground for divorce, 327.

sick and disabled animals, 773.

ABATEMENT.

actions against corporations, 194.

ACCOUNTS.-Continued.

books of, evidence, 674.
copy filed with pleading, 644.
matters of, referred, 668.
costs in criminal cases, 850.

actions do not abate by death, marriage ACKNOWLEDGMENT.

or other disability; nor by transfer of
interest, 633.

general provisions, 686.
plea in, 835.

ABDUCTION, 765.

ABETTORS OF CRIME.

felony, 763.

duelling, 764.

child stealing, 766.
ABORTION, 768.

ABSENT AND ABSCONDING DEBTORS.
action accrues against, when, 631.
attachment of property of, 653.
service upon by publication, 537.
ABSENT DEFENDANT.

dent.
ABSTRACTS.

of votes cast, 338-340.
assessment rolls, 501.
educational lands, 575.

taken by county clerk and deputy, 248.
deputy clerks district and county, 325.
notaries public, 444.

of deeds before judge or clerk of court
or justice of peace, 475.
commissioner of deeds, 479.
secretary of state, 587.
register of deeds, 246.

not necessary to chattel mortgage, 365.
how taken and proved, 475, 476.
evidence of witness, 674.

revives cause of action, when, 631.

on back of summons, equivalent to ser-
vice, 637, 733.

See Non-Resi-ACQUITTANCE.

judgment of, operates how, 683.
ACTIONS.

abatement, 633, 686.
agreed case, 703.
animals, care of, 773.

using without leave, 774.
appeals, 719, 745.

arbitration, 728, 743.
arrest and bail, 647, 734.
assault and battery, 765.
assessments, platting in cities, 155.
attachment, 653, 735.

bees and honey, stealing, 774.
bets and wagers; recovery, 798.
bonds, 93, 95, 507, 515, 521.

cities of first class, tax-payer may de-
fend, 126.

defective streets, 121.

civil, what is, 629.

in justice's court, 732.
claims, before due, 659.
commencement of, 636.

deemed commenced, when, 631.
before justices, 732.

consolidated, when, 647.

corporations, dissolved, 193.

arrears of members, 208.

counties, injuries to public property, 239.

ADMINISTRATORS. See Executors, Wills. | AFFIDAVIT.—Continued.

bond law applicable to bonds of, 95.
administration of estates, 305-308.
inventory and collection of effects of de-
cedents, 308-310.

payment of claims against estates, etc.,
of decedents, 311-318.
actions against, 318-321.
accounts of, 321-323.

new administrator, 315.

sue bond of former administrator, 342.

E ADMISSION.

Nebraska as a state, 41-43.
attorneys to practice, 81.

parties, not ground for divorce, 330
patients into insane hospital, 381.
blind, into institute, 391.

deaf, into institute, 284.
students to university, 609.

papers and documents in evidence, 679.
ADOPTION of children, 722.
ADULTERATION of liquors, 415, 787.
ADULTERY, cause for divorce, 327.
punishment for, 797.

ADVANCEMENTS, for children, 289.
ADVERSE CLAIMANT.

Claimant, 447.

ADVERTISEMENT.

defined, and how used, 676.
before whom made, 676.
change of venue, 739, 740.
discharge of debtor, 734.
for mandamus, 715.

to return of process, 729.
garnishment in justice's court, 737.
for arrest of fugitives, 820.
AFFIRMANCE. See Judgment.
AFFIRMATION. See Oaths, 446.
when sufficient, 730.

juror may make, 839.
AFFRAY, how punished, 764.
AGENCY-FISCAL, 86.

AGENTS.

acts of, loaning money, 402.

non-resident owner of real estate, 639.
verify pleadings, 644.

pay taxes of corporation, 516.
service of summons on, 637, 639.
frauds by, 784.

See Occupying | AGREED CASE, 703.

fees for publishing, 355.
contracts for printing, 456.
tax sales, 509.

service by, 637.

lottery; penalty, 800.

printing, relative to use of drugs for fe-

males, penalty, 769.

insurance agent, 398.

sale on execution, 693, 753.

newspapers in foreign language, 258.
defacing and destroying, 779.

AD QUOD DAMNUM, writ, 437.
AFFIDAVIT.

for service by publication, 638.

proof of personal service out of state, 638.
to open judgment on constructive ser-
vice, 638.

verifying pleadings, 644.

continuance after amendment, 647.
arrest in civil cases, 647, 734.

in replevin, 650, 749.

for attachment, 653, 735.

to discharge attachment, 659.

attachment on claims before due, 660.

for garnishment in aid of execution, 660.
on hearing of injunction, 662.

motion for new trial, 671.

AGREEMENT. See Contracts, Frauds, 363.
limitation of action, 630.

AGRICULTURE AND HORTICULTURE.
county societies;aids ;premiums;awards;
report to state board, 45.

fair grounds; county aid; effect of disso-
lution, 46.

damages to cultivated lands, 51.
fairs, 46.

state fair, 43.
fences, 47-49.
herd law, 49-51.
shade trees, 52.

state board of agriculture, 43, 44.
state horticultural society, 44.
timber bounty, 55.

AGRICULTURAL COLLEGE. See Uni-
versity.

sale and lease of lands, 574-581.
united with university, 584

AIDERS AND ABETTORS. See Abettors.
ALIENS, property rights, 17, 482.
woman not barred of dower, 287.
as electors, 331.

ALIMONY. See Divorce and Alimony, 326.
ALLEGATIONS.

in pleading taken as true, 645.

material, defined, 645.

ALLEYS, how vacated, 621.