CHAPTER 39.

Duties of county commissioners.

Head-stone at graves.

AN ACT to provide for the burial of honorably discharged
soldiers, sailors or marines who may hereafter die without
leaving means sufficient to defray expenses, and to pro-
vide head-stones to mark their graves.

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

SECTION 1. It shall be the duty of the board
county commissioners, or board of supervisors in
counties under township organization, of this
state, to designate some suitable person in each
precinct, or township, whose duty it shall be to
cause to be decently interred, the body of any
honorably discharged soldier, sailor or marine
who served in the army or navy of the United
States during the late war, who may hereafter
die without leaving sufficient means to defray
funeral expenses.
Such burial shall not be
made in any cemetery or burial ground used
exclusively for the burial of the pauper dead;
Provided, The expenses of such burial shall
not exceed the sum of thirty-five dollars; and,
Provided further, That in case that surviving
relatives of the deceased shall desire to con-
duct the funeral, and are unable to pay the
charges therefor, they shall be permitted so to
do, and the expenses shall be paid as herein
provided.

SEC. 2. The grave of any such deceased soldier, sailor or marine shall be marked by a head-stone, containing the name of the de

ceased and the organization to which he belonged or in which he served; Provided, It shall be the duty of the county commissioners (or supervisors in counties under towhship organization), upon the death and burial of any such soldier, sailor or marine residing within such county at the time of his death, to make application to the proper authorities under the general government for a suitable head-stone as provided by act of congress, and cause the same to be placed at the head of such deceased soldier's grave.

burial.

SEC. 3. The expenses of such burial shall be Expenses of paid by the county in which such soldier, sailor or marine shall have died. And the board of county commissioners, or supervisors, of such county are hereby authorized and directed to audit the account and pay the said expenses in similar manner as other accounts against such county are audited and paid. Approved March 6th, A. D., 1885.

CHAPTER 40.

AN ACT to provide for the election of county attorneys, to
define their duties and fix their salaries, and to repeal sec-
tions fifteen (15), sixteen (16), seventeen (17), eighteen (18),
nineteen (19), twenty (20) and twenty-one (21), of chapter
seven (7), of the Compiled Statutes.

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

attorney.

SECTION 1. That at the general election in Election of 1886, and every two years thereafter, a county Terms. attorney shall be elected in each organized

Bond.

Duties of attorney. 14 Neb. 544.

Prosecute all complaints.

county for judicial purposes who shall hold his office for the term of two years, and until his successor is elected and qualified, who shall, before he enters upon the duties of said office, execute a bond to the state of Nebraska, in a sum, not less than one thousand dollars, to be fixed by the county board, with two or more good and sufficient sureties, to be approved by said board, which bond shall be conditioned for the faithful performance of his duties as such officer, and that he will pay over to the county treasurer, in the manner prescribed by law, all moneys which shall come into his hands by virtue of his office, and shall file said bond in the office of the county clerk and the same shall be recorded in the proper records of said county.

SEC. 2. It shall be the duty of the county attorney to appear in the several courts of their respective counties and prosecute and defend, on behalf of the state and county, all suits, applications or motions, civil or criminal, arising under the laws of the state, in which the state or the county is a party or interested.

SEC. 3. Each county attorney shall appear on behalf of the state before any magistrate, and prosecute all complaints, made in behalf of the state, of which any magistrate shall have jurisdiction, and he shall appear before any magistrate and conduct any criminal examination which may be had before such magistrate, and shall also prosecute all civil suits before such magistrate in which the state or county is a party or interested.

officers. 12.

SEC. 4. The county attorney shall, without Advice to fee or reward, give opinions and advice to the Neb., 249. board of county commissioners and other civil officers of their respective counties, when requested so to do by such board or officers, upon all matters in which the state or county is interested, or relating to the duty of the board or officers in which the state or county may have an interest.

SEC. 5. The county attorneys of the several Salary. counties of this state shall be allowed by the board of county commissioners for their services a salary, per year, as follows:

In counties of not more than 2,500 inhabitants a salary of three hundred dollars; and in counties having over 2,500 and under 5,000 inhabitants, a salary of $500; Provided, That in any county which shall have one or more unorganized counties or any territories attached thereto for judicial purposes, the compensation may be increased by the county board, not exceeding two hundred dollars additional; in counties of from five to ten thousand inhabitants, six hundred and fifty dollars; in counties from ten to twenty thousaud inhabitants, a salary of eight hundred dollars; in counties of from twenty to thirty-five thousand inhabitants, a salary of one thousand dollars; in counties of from thirtyfive thousand inhabitants and upwards a salary of two thousand five hundred dollars: said salaries shall be payable in quarterly installments. at the end of each regular quarter.

SEC. 6. The county attorney may appoint

194; 12 Neb., 249.

Appoint depu- one or more deputies, who shall act without any compensation from the county, to assist him in the discharge of his duties; Provided, That the county attorney of any county may, under the direction of the district court, procure such assistance, in the trial of any person charged with the crime of felony, as he may deem necessary for the trial thereof, and such assistant or assistants shall be allowed such reasonable compensation as the county board shall determine for his services, to be paid by order on the county treasurer, upon presenting to said board the certificate of the district judge before whom said cause was tried, certifying to the services rendered by such assistant or assistants.

May appoint in absence.

Shall receive no fee or re

544.

SEC. 7. In the absence, sickness or disability of the county attorney and his deputies, the court before whom it is his duty to appear, in which there may be business for him, may appoint an attorney to act as county attorney, by an order to be entered upon the minutes of the court, but who shall receive no compensation from the county except as provided for in section six (6) of this act.

SEC. 8. No prosecuting attorney shall reward. 14 Neb., ceive any fee or reward from or on behalf of any prosecutor or other individual, for services in any prosecution or business to which it shall be his official duty to attend; nor be concerned as an attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced or prosecuted, shall depend.