Original bill of exceptions equity, on removal thereof to the supreme court and to provide for the costs incidental thereto,' be and the same is hereby amended so as to read as follows: Sec. 1. That in all cases or proceedings now may be used. pending or hereafter to be brought in any district court of this state, as well as in all cases or proceedings that have been finally adjudicated in any of said courts within six months next prior to the date of the passage of this act which it is sought or desired to remove to the supreme court of this state, on proceedings in error, or by appeal in equity in the manner now prescribed by law, it shall not be necessary to copy the bill, or bills of exception, or the deposition, testimony and proof in cases that have been preserved in form similar to bills of exception or otherwise, as contemplated by an act passed March 3, 1873, entitled, "An act to provide for appeals in actions in equity," taken or used in any such case or proceedings into the transcript or record for the supreme court. But such original bills of exception and testimony in equity and cases at law so as aforesaid preserved, shall be, on the request of any party desiring to so prosecute such case or proceeding to the supreme court, attached to the transcript or record of such other parts of the record in the case or proceeding as may be desired by such party, and the transcript or record for the supreme court, so made up shall be received in all respects as if the said bill or bills of exceptions or depositions, testimony and proof in equity cases so as aforesaid properly preserved were copied into such transcript or record for the supreme court. SEC. 2. That section two (2) of the act aforesaid be and is hereby amended so as to read as follows: clerk. Sec. 2. And it is further enacted that when Certificate of the original bill or bills of exceptions or testimony in equity and law cases, is so as aforesaid made a part of a transcript or record for the supreme court, the clerk shall state such fact in his certificate thereto, and omit to certify that the same have been copied into such record or transcript. SEC. 3. That section four (4) of the act aforesaid be and is hereby amended so as to read as follows: cause. SEC. 4. In the event a rehearing of any Rehearing of such cause or proceeding shall be allowed by the supreme court, or if for any other reason said court shall need or desire the use of such original bill or bills of exception or testimony in equity and law cases, it is hereby authorized to order the return of the same to it, and it shall be the duty of the clerk of the court in whose custody the same may be to transmit the same to the clerk of the supreme court upon being personally served with a copy of such order of the supreme court, duly certified under the seal of the court, and the expense of the transmittal of such bills and testimony, together with the costs made in recording, certifying and serving such order shall be taxed to the unsuccessful party to such suit or proceeding unless the supreme court shall otherwise order; Provided, Act repealed. Emergency clause. That the party at whose instance such expense of transmittal is to be made shall advance the same to the clerk who is desired to incur such expense if required by him. Service of such certified copy of said order may be made by any person. If done by the sheriff of any county, his official return shall be sufficient evidence of the fact of service. If by any other person, the service shall be sufficiently proved by his affidavit to the fact. SEC. 4. That section one (1), two (2) and four (4) of an act entitled, "An act to authorize the use of original bills of exception, and testimony preserved in equity cases, and making up transcripts and record of cases, and proceedings at law, and in equity on removal thereof to the supreme court and to provide for the costs incidental thereto," "approved March 1, 1881," be and the same are hereby repealed. SEC. 5. Whereas an emergency exists, this act shall be in force and take effect from and after its passage. Approved, March 4th, A. D. 1885. CHAPTER 97. AN ACT to amend section six hundred and sixty, (660), six hundred and sixty-one, (661), and six hundred and sixtytwo, (662), of the Code of Civil Procedure, Compiled Statutes of 1881, title XIX, entitled Juries. Be it enacted by the Legislature of the State of SECTION 1. That sections six hundred and sixty (660), six hundred and sixty-one (661), six hundred and sixty-two (662), of the code of civil procedure, compiled statutes of 1881, title XIX entitled "Juries" be and are hereby amended to read as follows to-wit: or Jury, how drawn. if 12 Neb., 63, SEC. 660. The clerk of the district court his deputy and the sheriff or his deputy or there be no sheriff or deputy sheriff the coroner of the county, shall at least ten days before the first day of the session of the district court meet together and draw by lot out of the box a receptacle wherein shall be kept the tickets mentioned and referred to in section (659) six hundred fifty-nine of said title, twentyfour names, and the persons whose names are drawn shall be the petit jurors. And when a grand jury is ordered the clerk or deputy clerk and sheriff or deputy sheriff, or coroner if there be no sheriff or deputy sheriff shall then draw sixteen (16) additional names, and the persons whose names are drawn shall be the grand jury. 263. Order to sheriff summon jury. Jury, how summoned. Act repealed. Comp. Stat., 618. Emergency clause. Sec. 661. The clerk shall on the day of the drawing aforementioned, issue an order to the sheriff, deputy sheriff or coroner as the case may be commanding him to summon the persons whose names are drawn as petit jurors to appear before the district court at or before the hour of eleven o'clock on the morning of the first day of the term, stating in the order the day of the week and month and the place of the sitting of the court to serve as petit jurors, and a like order commanding the sheriff, deputy sheriff or coroner to summon the grand jury when a grand jury has been ordered and drawn. Sec. 662. The sheriff, deputy sheriff or coroner having received the order shall at least five days before the first day of the session of the court make service of said order upon each person whose name was selected and drawn as a petit juror by reading or delivering a copy of the same to the person summoned, or by leaving a copy at his residence, except that the copy shall contain only the name of the person served and not the name of any other petit juror. And when a grand jury is ordered and summoned, service of said order shall be made on each person in the same manner as is provided for service on a petit juror in this section. SEC. 2. Sections (660) six hundred and sixty, (661) six hundred and sixty-one and (662) six hundred and sixty-two as now existing are hereby repealed. SEC. 3. Whereas, an emergency exists there |