SEC. 97.-Same, Powers, Duties.-The police judge shall be a conservator of the peace, and his court shall be open every day, except Sundays, to hear and determine any and all cases cognizable before him. No act shall be performed by him on Sundays, except to receive complaints, issue process, and take bail. He shall have power to enforce due obedience to all orders, rules, and judgments made by him; he shall have the same power as the district court in the issuance of warrants, subpoena or other process that may be necessary, and may fine or imprison for contempt offered to him while holding court or to process issued by him, in the same manner and to the same extent as the district court.

SEC. 98.-Same, Appeal.-In all cases before the police judge arising under the ordinances of the city, wherein the fine assessed exceeds the sum of ten dollars or the imprisonment ten days, an appeal may be taken by the defendent to the district court in and for the county in which said city is situated; but no appeal shall be allowed unless such defendant shall within ten days, enter into recognizance with sufficient securities, to be approved by the judge, conditioned for the payment of the fine and costs of appeal, if it should be determined against. the appellant.

SEC. 99. Same, Error.-On the trial of any case in the police court, it shall be the duty of the police judge to sign any bill of exception tendered to the court during the progress of such trial;

Provided, The truth of the matter be fairly stated. and thereupon said exception shall be entered in

the record of such trial. Any final conviction, sentence, or judgment of the police court may be examined into by the district court on writ of error, which may be allowed by such court or the judge thereof, for sufficient cause and proceedings may be stayed as may be deemed reasonable; and the revising courts shall in such proceedings, take judicial notice of all ordinances of the city.

SEC. 100.-Same, Complaints.-Whenever complaint shall be made to the police judge on oath or affirmation of any person competent to testify against the accused that an offense has been committed, of which the police judge has jurisdiction, the police judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the city marshal, policemen, the sheriff, or a constable of the county, or some person specially appointed by the police judge for that purpose.

SEC. 101.-Fines and Penalties.-All fines and penalties collected arising from a breach of ordinances of the city shall be paid to the city treasurer, and all fines and penalties collected arising from misdemeanors under the laws of the state, shall be paid to the county treasurer, and the police judge shall report at the end of each calendar month a list of all cases for violation of city ordinances instituted in his court and the disposition thereof, with a statement of the fines, penalties, and costs by him received, and shall at the end of each month pay to the city treasurer all such fines by him received, and in the event that the police judge shall fail to make report as herein provided for the period of ten days, his office shall be declared vacant.

SEC. 102.-Trial.-When any person shall be brought before the police judge upon such warrant, it shall be his duty to hear and determine the complaint alleged against the defendant.

SEC. 103.-Recognizance.-Upon good cause the police judge may postpone the trial of the case to a day certain, in which case he shall require the defendant to enter into recognizance, with sufficient security, conditioned that he will appear before said judge at the time and place appointed, then and there to answer the complaint alleged against him. SEC. 104.-Same, Breach.-In case of the breach of any cognizance entered into as aforesaid, the same shall be certified to the district court of the proper county to be proceeded upon according to law; if in the progress of any trial before the said judge it shall appear that the accused ought to be put upon his trial for an offense not cognizable before said judge, he shall immediately stop all further proceedings before him, and proceed as in other cases exclusively cognizable before the district court.

SEC. 105.-Witnesses.-It shall be the duty of said judge to summon all persons whose testimony may be deemed material as witnesses at the trial and to enforce their attendance by attachment, if necessary, and all witnesses shall receive the sum of fifty cents for each day's attendance.

SEC. 106.-Trial by Jury.-Cases in the police court for violation of city ordinances shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanor under

the statutes of the state shall be tried by the police judge alone, unless the defendant demand a jury; if jury be demanded, the case shall be tried by a jury of six competent men, unless a smaller number be agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in justices' courts, and the trial of such cases before said police judge shall be conducted in all respects not herein otherwise provided, in like manner as criminal cases before justices of the peace. Fees of jurors. Jurors in the police court shall receive the same fees as jurors in justices' courts to be taxed as other costs are taxed in the case.

confession.

SEC. 107. Judgment.-If the defendant be found guilty, the police judge shall declare and assess the punishment, and render judgment accordingly. It shall be part of the judgment that the defendant stand committed until judgment be complied with;

Provided, That in any prosecution for violation of any ordinance, the defendant shall have the right to produce before said police judge one or more sureties to the satisfaction of said judge, which Judgment by said sureties shall, with the defendant, confess a judgment for the amount of the fine or penalty imposed, with costs of suit; and said judge shall enter said confession of judgment upon his docket, and render judgment accordingly in the name of the state of Nebraska, against them for the amount of such fine and costs, and if said judgment be not paid within ninety days from the date of such confession and entering of judgment, said police judge

shall issue execution and collect the amount of said fine or penalty and costs, in the manner provided by law for collecting judgment by execution in justices' courts.

SEC. 108-Discharge.-Any defendant committed under the provisions of this act, for a misdemeanor arising under the laws of this state, may be discharged in the same manner as if he had been committed by the county court.

SEC. 109.-Proceedings. In all cases not herein specially provided for, the process and proceedings before the judge shall be governed by laws regulating proceedings in justices' courts in criminal

cases.

SEC. 110.-Continuance.-When a trial shall be continued by the judge it shall not be necessary to summon any witnesses who may be present at the continuance, but the judge shall verbally notify such witnesses as either party may require to attend before him to testify in the case on the day of trial, which verbal notice shall be as valid

as a summons.

SEC. 111-Challenges. In trials by a jury before the police judge, challenges shall be allowed in the same manner as in similar cases before the justices of the peace.

SEC. 112.-Punishment.-Any person convicted before the judge of any offense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordi

nance.

SEC. 113.-Working Prisoner.-Whenever the