When the offense charged is a misdemeanor, the magistrate, before issuing the warrant, may, at his discretion, require the complainant to acknowledge himself responsible for costs in case the complaint shall be dismissed, which acknowledgment of security for costs shall be entered upon the docket; and the magistrate on dismissal may, if in his opinion the complaint was without probable cause, enter a judgment against such complainant for costs made thereon. In case the magistrate shall consider such complainant wholly irresponsible, such magistrate may, in his discretion, refuse to issue any warrant unless the complainant procure some responsible surety to the satisfaction of such magistrate for the costs in case of such dismissal, and such surety shall acknowledge himself so bound, and the magistrate shall enter it on his docket.

Source

  • G.S.1873, c. 58, § 287, p. 790;
  • R.S.1913, § 8941;
  • C.S.1922, § 9965;
  • C.S.1929, § 29-405;
  • R.S.1943, § 29-405.

Terms Used In Nebraska Statutes 29-405

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.