or more shall, at or before the time of its meeting in January in each year, or at any time thereafter when necessary for the purposes of this act, make a list of a sufficient number, not less than one-tenth of the legal voters of each town or precinct in the county, giving the place of residence of each name on the list, to be known as the jury list. [1889, chap. 43.]

SEC. 669 b. Same-Selection of persons-Qualifications.]-In making such selection the county board shall choose a proportionate number from the residents of each town or precinct, and shall take the names of such only as are in the opinion of the board: First-Inhabitants of the town or precinct not exempt from serving on juries. Second--Of the age of twenty-one years or upwards, and under sixty years old. Third-In the possession of their natural faculties. Fourth-Free from all legal exceptions, of fair character, of approved integrity, of sound judgment, well informed, and who understand the English language. [Amended 1891, chap. 58.]

SEC. 669 c. [Same-When made.]-If, for any reason, the list or the selection provided for in the foregoing sections of this act, shall not be made at the meeting of the board held at the time specified, such list or selection shall be made at any meeting to be held as soon thereafter as may be.

SEC. 669 d. [Same-Term of service.]-Whenever a person whose name is on said list shall be drawn as a juror, his name shall be checked off from said list, and such person shall not be again drawn as a juror till every person named upon such list qualified to serve as a juror has been drawn. The clerks of the district courts in each

county shall at the end of each term of court furnish the county clerk a list of all persons who have served as petit jurors during the term. All jurors on the regular panels shall serve during the weeks for which they were drawn and until discharged from the case in which they may be serving, if any, at the expiration of such time unless soonér excused by the court. [Amended 1891, chap. 58.]

SEC 669 e. [List exhausted-Additional list.]-As often as one list shall have been exhausted, another shall be furnished, as provided in section one (1) of this act, and the jurors shall be selected therefrom in the manner provided in sections two (2) and three (3). The clerks of the district courts and other courts of record in the county, shall, at the end of each term of court, furnish the county clerk a list of all persons who have served as jurors during the term.

SEC. 669 f. [Duty of county clerk.]-A list of jurors so selected shall be kept in the office of the county clerk, who shall write the name and residence of each person selected upon a separate ticket and put the whole into a box or wheel to be kept for that purpose.

SEC. 669 g. [Names drawn-Failure to appear-Additional panel.] -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 persons by registered 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 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 his appearance shall make it satisfactorily ap pear 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 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 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 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 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. [Amended 1891, chap. 58.]

SEC. 669 h. [Grand jury.]-If a grand jury shall be required by law or by. order of the judge for any term of court, it shall be the duty of the county board in each of the counties in this state wherein such court is directed to be holden, at least twenty (20) days before the sitting of such court, to select twenty-three (23) persons, possessing the qualifications as provided in section two (2) of this act, and as near as may be a proportionate number from each town or precinct in their respective counties, to serve as grand jurors at such term; and to cause the county clerk, within five days thereafter, to certify the names of the persons so selected as grand jurors to the clerk of the court for which they are selected, who shall issue and deliver to the sheriff of the county wherein the court is to be held, at least ten days before the term of the court for which they shall have been selected, or during term time if the court shall order, a summons commanding him to summon the persons so selected as aforesaid, to appear before such court at or before the hour of eleven (11) o'clock, A.M., on the first day of the term, or upon such other day as the judge shall direct, to constitute a grand jury for such The sheriff shall serve such summons in the manner provided for service of summons on petit jurors, and for any refusal or neglect so to do, shall be deemed guilty of contempt of court, and may be fined therefor as provided in section six hundred and sixty-seven (667) of the code of civil procedure. The judge shall examine the jurors who appear, and if more than sixteen grand jurors who are qualified and not subject to any exemption or any of the disqualifications provided in this act shall appear and remain after all excuses are allowed, the sheriff or deputy sheriff shall draw by lot the names of the number in excess of sixteen who shall be discharged by the court; and the sixteen remaining shall constitute the grand jury.

term.

SEC. 669 i. [Order to sheriff.]-The clerk of the court shall, within five days after such drawing issue to the sheriff, a summons commanding him to summon as petit jurors, a sufficient number, not less than thirty of the persons so drawn, giving their residences to appear at the place of holding such court, at the hour of ten o'clock, A.M., of the first day of the term or upon such other day of the term as the judge shall direct, and a like number to appear at the same place and hour two weeks after the time at which the former number of jurors were summoned to appear, and the same number for each two weeks thereafter, the court will probably be in session, which summons shall be served as provided in section six hundred sixty-two (662) of the code of civil procedure.

SEC. 669j. [Additioual jurors-Talesmen.]—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,

SEC. 669 h. Cited 54 N. W. R. t24.

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 persons having the qualifications 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 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. [Amended 1891, chap. 58.]

SEC. 669 k. [Regular panel exhausted-Talesmen.]-When by reason of challenge in the selection of a jury for the trial of any cause, or by reason of the sudden sickness or absence of any juror for any cause, the regular panel shall be exhausted, the court may direct the sheriff to summon a sufficient number of persons having the qualifications of jurors to fill the panel for the pending trial; but, upon objection by either party to the cause to the sheriff summoning a sufficient number of persons to fill the panel, the court shall appoint a special bailiff to summon such person; Provided, The same person shall not be appointed special bailiff more than once at any term of court. Any person who shall seek the position of juror, or who shall ask any attorney or other officer of the court or other person to secure his selection as a juryman, shall be deemed guilty of a contempt of court, and be fined not exceeding twenty ($20.00) dollars, and shall thereby be disqualified from serving as a juror for that term, and such fact shall be sufficient ground for challenge. Any attorney or party to a suit pending for trial at that term who shall request or solicit the placing of any person upon a jury shall be deemed guilty of a contempt of the court and be fined not exceeding one hundred ($100.00) dollars, and the person so sought to be put upon the jury shall be disqualified to serve as a juror at that term of court.

SEC. 669. [Causes for challenge.]—It shall be sufficient cause of challenge of a petit juror that he lacks any one of the qualifications mentioned in section two (2) of this act; or in section (657) six hundred and fifty-seven of the code of civil procedure, or if he is not one of the regular panel, that he has served as a juror on the trial of a cause in any court of record in the county within one year previous to the time of his being offered as a juror; or that he is a party to a suit pending for trial in that court, at that terin. It shall be the duty of the court to discharge from the panel all jurors who do not possess the qualifications provided in this act as soon as the fact is discovered; Provided, If a person has served on a jury in a court of record within one year he shall be exempt from again serving during such year unless he waives such exemption; Provided further, That it shall not be a cause of challenge that a juror has read in the newspapers an account of the commission of the crime with which the prisoner is charged, if such juror shall state on oath that he believes he can render an impartial verdict, according to the law and the evidence; And provided further, That in the trial of any criminal cause, the fact that a person called as a juror has formed an opinion or impression based upon rumor or upon newspaper statements (about the truth of which he has expressed no opinion), shall not disqualify him to serve as a juror in such case, if he shall upon oath state that he believes he can fairly and impartially render a verdict therein, in accordance with the law and the evidence, and the court shall be satisfied of the truth of such statement.

SEC. 669 m. [Trial jury, how selected.]-It shall be the duty of the clerk of the court at the commencement of each week of the term to write the name of each petit juror summoned and retained for that week on a separate ticket, and put the whole into a box or other place for safe keeping, and as often as it shall be necessary to empanel a jury, the clerk, sheriff, or coroner shall, in the presence of the court, draw by chance twelve names out of such box or other place, which shall designate the twelve to be sworn on the jury, and in the same manner for the second jury, in their turn, as the court may order and direct. six

SEC. 669 n. [Repealing clause.]-Sections six hundred fifty-eight (658),

hundred fifty-nine (659), six hundred sixty (660), six hundred and sixty-one (661), six hundred sixty-five (665) of the code of civil procedure and all acts and parts of acts in conflict herewith shall be repealed so far as respect counties having a population of seventy thousand (70,000) or more; Provided, That the existing law relating to juries shall be in effect in the respective counties until such time as the county boards of the respective counties having a population of seventy thousand (70,000) or more shall have complied with the provisions of this act.

TITLE XX.-CONTEMPTS.

SEC. 669. [Power of court to punish-When.]-Every court of record shall have power to punish by fine and imprisonment, or by either, as for criminal conLempt, persons guilty of any of the following acts: First--Disorderly, contemptuous, or insolent behavior towards the court, or any of its officers, in its presence. Second-Any breach of the peace, noise, or other disturbance tending to interrupt its proceedings. Third-Wilful disobedience of, or resistance wilfully offered to any lawful process or order of said court. Fourth-Any wilful attempt to obstruct the proceedings, or hinder the due administration of justice in any suit, proceedings, or process pending before the courts. Fifth-The contumacious and unlawful refusal of any person to be sworn or affirmed as a witness, and when sworn or affirmed, the refusal to answer any legal and proper interrogatory. [R. S. 512. G. S. 645.]

SEC. 670. [How punished.]-Contempts committed in the presence of the court may be punished summarily; in other cases, the party, upon being brought before the court, shall be notified of the accusation against him, and have a reasonable time to make his defense.

SEC. 671. [Same-Indictment.]-Persons punished for contempt under the preceding provisions, shall nevertheless be liable to indictment, if such contempt shall amount to an indictable offense; but the court before which the conviction shall be had, may, in determining the punishment, take into consideration the punishment before inflicted in mitigation of the sentence.

SECS. 672, 673, 674. [Omitted. Same provisions secs. 1096, 1097, 1098.]

TITLE XXI.*-APPEALS FROM THE DISTRICT TO THE SUPREME Court.

SEC. 675. [Appeals in equity.]-That in actions in equity either party may appeal from the judgment or decree rendered or final order made by the district court, to the supreme court of the state; the party appealing shall within six months

SEC. 669. Judgment reviewable on error. Trial by jury not allowed. 13 Neb. 449. Garnishment proceedings as a defense. 12 Neb. 616. Commissioners and clerk signing bonds outside of county. 13 Neb. 139. Proceeding is criminal in its nature and subject to strict rules of construction. 19 Neb. 384. Violation of order of injunction by one not a party, or a subordinate, is not contempt. Id. 131. Respondent in mandamus failing to pay judg ment for costs is not in contempt. 19 Neb. 697. Notary public has power to commit witness for contempt who refuses to give his deposition. 21 Neb. 278. The power to punish for violation of its orders or judgments is inherent in every court having common law jurisdiction, without any expressed statutory authority. 23 Neb. $52. Defendant in divorce suit. failing to pay alimony cannot be committed for contempt. 23 Neb. 3 Procedure, Contempt not in presence of court. 31 id. 429. Removing cases to U. S. court. Id. 489. See No es. Sec. 7, Ch. 61, ante. Co. judge cannot punish for violation of injunction in district court action. 53 N. W. h: 995. *NOTE-This titie, Inclusive of secs. 675-688, R. S. 513, omitted, being repealed by Laws 1867, p. 71. See 3 Neb.

453.

SEC. 675. "An act to provide for appeals in actions in equity." G. S. 715. Act has no retrospective operation. 4 Neb. 557, 573. Remedy not exclusive. 4 Neb. 557. 7 Id. 9. Courts cannot enlarge time for taking appeal. 1 Neb. 113. 2 Id. 65. 4 Id. 131. 20 Id. 104. Time begins at date of judgment. Id. Allowed after time on account of default of court, absence of judge, etc. 7 Neb. 299. 12 Id. 481. 20 Id. 103. Party not deprived of right of appeal by reason of judge holding bill of exceptions and signing after time up. 19 Neb. 396. Allowed where appellee has waived rights. 11 Neb. 206. 16 Id. 44. If the interests of the parties appealing are united with others so as to require taking up of the whole record the entire case will be reviewed. 16 Neb. 627. Appeal by one party in a case brings case up as to all. 17 Neb. 617. 18 Id. 631. An appeal by principal, in an action on promissory note against him and sureties, as joint makers thereof, brings the case before the appellate court as to all the defendants, and the court has jurisdiction to render judgment against all the defendents. 24 Neb. 370. In case stated, where one defendant had no notice of proceedings in the court below and no notice of appeal to the supreme court, the latter acquired no jurisdiction over that defendant. 25 Neb. 297. Appellee neglecting to take steps to review decree will not on affirmance be entitled to any greater relief than was awarded him in court below. 19 Neb. 307. Judgment on appeal, proper in supreme court although plaintiff below was non-suited. 15 Neb. 35. Where both parties appeal, one cannot obtain dismissal because the other has not served notice of the appeal on him. 15 Neb. 235. Appeal brings up case for trial de novo. 4 Neb. 583. 7 Id. 459. 17 Id. 163. Appeal lies from order overruling motion to set sale aside. 7 Neb. 459. And from order confirming sale in vacation. 8 Neb. 298

after the date of the rendition of the judgment or decree, or the making of the final order, procure from the clerk of the district court and file in the office of the clerk of the supreme court, a certified transcript of the proceedings had in the cause in the district court, containing the pleadings, the judgment, or decree rendered or final order made therein, and all the depositions, testimony, and proofs offered in evidence on the hearing of the cause, and have the said cause properly docketed in the supreme court; and on failure thereof, the judgment or decree rendered or the final order made in the district court shall stand and be proceeded in as if no appeal had been taken.

SEC. 676. [Testimony reduced to writing.]-In actions hereinafter heard and determined, when the proofs and testimony are taken orally before the court on the hearing of the cause, the same shall be reduced to writing, in form similar to bills of exception, and be allowed by the judge hearing the cause, as in cases at law. SEC. 677. [Undertaking.]-No appeal in any case in equity, now pending and undetermined, or which shall hereafter be brought shall operate as a supersedeas, unless the appellant, or appellants, shall within tweny days next after the rendition of such judgment, or decree, or the making of such final order, execute to the adverse party a bond with one or more sureties as follows: First-When the judgment, decree, or final order appealed from, directs the payment of money, the bond shall be in double the amount of the judgment, decree, or final order, conditioned that the appellant, or appellants, will prosecute such appeal without delay, and pay all condemnation money and costs which may be found against him, or them, on the final determination of the cause in the supreme court. Second-When the judgment, decree, or final order directs the execution of a conveyance or other instrument, the bond shall be in such sum as shall be prescribed by the district court, or judge thereof in vacation, conditioned that the appellant, or appellants, will prosecute such appeal without delay; and will abide and perform the judgment or decree rendered, or final order which shall be made by the supreme court in the cause. Third-When the judgment, decree, or order directs the sale or delivery of possession of real estate, the bond shall be in such sum as the court, or judge thereof in vacation, shall prescribe, conditioned that the appellant, or appellants, will prosecute such appeal without delay, and will not during the pendency of such appeal commit, or suffer to be committed, any waste upon such real estate. Fourth -When the judgment, decree, or final order dissolves or modifies any order of injunction, which has been, or hereafter may be granted, the supersedeas bond shall be in such reasonable sum as the court, or judge thereof in vacation, shall prescribe, conditioned that the appellant or appellants, will prosecute such appeal without delay, and will pay all costs which may be found against him, or them, on the final determination of the cause in the supreme court; and such supersedeas bond shall stay the doing of the act or acts, sought to be restrained by the suit, and continue such injunction in force, until the case is heard and finally determined in the supreme court. The undertaking given upon the allowance of the injunction shall be and remain in effect, until it is finally decided whether or not the injunction ought to have been granted. [Amended 1889, chap. 26.]

SEC. 678. [Same-Approval-Supersedeas.]-Before any bond executed as aforesaid shall operate as a supersedeas, the execution of the same, and the sufficiency of the sureties therein, must be approved by the clerk of the court in which the judgment or decree was rendered or the final order was made.

And decree granting divorce. 12 Neb. 73. Only from final order, judgment, or decree. 10 Neb. 511. Award of arbitrators under herd law. 6 Neb. 273. Order sustaining demurrer to petition in equity. 6 Neb. 136. Judgment dismissing action and for costs. 11 Neb. 363. Judgment making injunction perpetual. 12 Neb. 624. Decree enjoining sale of real estate. 13 Neb. 420. But appeal does not lie in mandamus cases. 13 Neb. 233. Nor in action at law. 2 Neb. 18. 6 Id. 381. Nor from order sustaining demurrer on ground of misjoinder. 4 Neb. 567. Nor after stav taken. 9 Neb. 122. 12 Id. 580. 20 Id. 315. Nor from judgment of justice in trial of richt of property. 10 Neb. 50. Nor from order vacating temporary injunction. 10 Neb. 441. Nor overruling such motion. 32 Id. 511. After party excepts fruits of the judgment. 17 Neb. 682. 19 Id. 492. Appeal does not lie from order of county board of equalization of taxes, 3 Neb. 39. Nor from order granting new trial. 5 Neb. 193. Nor from order allowing alimony pendente site. 18 Id. 463. Decree or any final order in equity case reviewable on appeal. 26 Id. 247. Transcript need not contain testimony. Notice unnecessary. 28 Id. 601. Bill of exceptions mislaid by clerk excuses filing transcript in time. 29 Id. 207. Court will enter such judgment as evidence warrants. 32 Id. 112. Six months runs from entering decree of record (overruling 20 Id. 9s). 53 N. W. R. 663.

SEC. 677. Amount of bond discretionary. 8 Neb. 305. Must contain conditions prescribed. 19 Neb. 221. Innocent purchaser pending unstayed appeal protected from consequences of reversal. 28 Id. 605. Party allowing confirmation cannot compel court to fix amount of appeal bond. 63 N. W. R. 611.