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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 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.

only drawn on

SEC. 7. Grand juries shall not hereafter be Grand juries drawn, summoned, or required to attend at the order of judge. 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.

filled subse

SEC. 8. No information shall be filed against Information any person for any offense, until such person quent to preshall have had a preliminary examination there-examination. for, 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 said 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.

Approved, March 9th, A. D. 1885.

CHAPTER 109.

Appropriation of $45,000.00.

Auditor draw warrant.

AN ACT to provide for the payment of officers, members and employes of the Nineteenth Session of the Legislature.

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

SECTION 1. That there is hereby appropriated out of any money in the general fund of the treasury not otherwise appropriated, the sum of forty-five thousand dollars, or so much thereof as may be necessary for the payment of officers, members and employes of the nineteenth session of the legislature.

SEC. 2. The auditor of public accounts is hereby authorized and required upon presentation of the certificate of the lieutenant-governor or speaker of the house of representatives, stating that the party mentioned in said certificate is entitled to compensation as per diem, and mileage to the amount allowed by law, to draw his warrant on the general fund for the

amount so certified as due; Provided, That said amount as certified shall, after examination and adjustment by the auditor of public accounts and approval thereof by the secretary of state, be found to be correct.

clause.

SEC. 3. Whereas an emergency exists for the Emergency taking effect of this act, in that there is a public necessity for the payment of the persons named in section 1 of this act, therefore this act shall take effect and be in force from and after its passage.

Approved January 24th, A. D., 1885.

CHAPTER 110.

AN ACT to provide for the payment of the incidental expenses incurred during the nineteenth session of the legislature.

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

of $40,000.00.

SECTION. 1. That the sum of forty thousand Appropriation dollars, or so much thereof as may be necessary, is hereby appropriated from the general fund of the state treasury, out of any money not otherwise appropriated, for the payment of incidental expenses of both houses of the legislature, including printing, stationery, newspapers, postage, fuel, light, and other special expenses which may be incurred by either house.

SEC. 2. All accounts for any expenses con- Accounts tracted by either house shall be examined by

certified.

the standing committee of accounts and expenditures of the house to which such expense is chargeable, and certified by the chairman of said committee to the auditor of public accounts as being correct. Each account must be verified by the presiding officers of the respective houses as being contracted in conformity with a resolution duly offered and adopted. And upon the examination and adjustment thereof by the said auditor, and approval thereof by the Auditor draw secretary of state, the auditor of public accounts is hereby authorized and directed to draw his warrant for the amount so certified upon the general fund of the state.

warrant.

Emergency clause.

SEC. 3. There being an emergency for the taking effect of this act, the same shall take effect and be in force from and after its passage. Approved February 25th, A. D., 1885.

CHAPTER 111.

Salaries.

AN ACT to provide for the payment of the salaries of the officers of the state government, penitentiary, hospital for the insane, institute for the blind, deaf and dumb, reform school, normal school at Peru, and fish commission, for the years ending March 31, 1886 and March 31, 1887.

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

of

SECTION 1. That the following sums money, or so much thereof as may be neces sary, are hereby appropriated out of any money in the state treasury not otherwise appropri

ated, for the payment of the salaries of the officers of the state government, penitentiary, hospital for the insane, institute for the blind, deaf and dumb, reform school, normal school at Peru, and fish commission, for the years ending March 31, 1886 and 1887.

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