eral, and addressed to the public, and shall be sufficient if published for three successive weeks in a newspaper published in the county in which the lands are situated, and proof of its publication may be made by affidavit of the printer or publisher of the paper in which it is published, or of the secretary of the company.

1576. The board of directors may order the payment of said assessments in installments not exceeding ten per centum per month, and payment thereof shall be made to the treasurer in compliance with such order; Provided, That no more shall be collected than shall, in the opinion of the directors, be required for the legitimate purposes of the company in the prosecution of the work; And provided further, That unless the main line of the company's proposed work shall exceed twenty miles in length, no part of the assessments shall be collected by the company until the company shall have given bond, payable to the state of Nebraska, with surety approved by the clerk of the district court, or judge thereof, of a county in which the work, or some part of it, is situated, conditioned for the faithful application to the legitimate purposes of the company of all money which shall be received by them for the construction of the work, which bond shall be filed in the clerk's office of the district court in the county where it was approved, and a copy thereof in the clerk's office of such court in each of the other counties in which any part of the work is situated; and any person or persons aggrieved by any breach of the conditions of said bond shall have an action thereon in any court of competent jurisdiction for the recovery of all damages thereby sustained by him or them.

1577. Payment of assessments of benefits may be enforced by foreclosure of the lien in any court of competent jurisdiction, in the same manner as is provided by law for the foreclosure of mortgages, and the sale of mortgaged premises for the collection of debts, and payment of damages assessed for injuries to lands may be enforced by an action in a like court.

1578. The company may appropriate any land, stone, timber, gravel, or other materials necessary for the right of way, or the construction, maintenance, or improvement of their proposed work, by first paying into the county treasury of the county where the land is, situated, for the use of the owner of the land, the amount of damages assessed by said appraisers to him therefor.

1579. Any company where work shall be estimated to cost three thousand dollars or more, may issue their bonds, with or without coupons, not exceeding in the aggregate the estimated cost of their work, which bonds may each be of any denomination, and payable at any time and place, and bear any rate of interest, not exceeding ten per centum, payable annually or semi-annually, and may secure the payment thereof by pledge or pledges, or mortgage or mortgages, upon said assessments for benefits to lands or any part thereof, or any other property of the company, which pledges and mortgages may each provide for a sinking fund for the gradual extinguishment of the debts; and such company may, from time to time, negotiate said bonds in any market or place, at any rate of discount not exceeding ten per centum; and after any such bonds shall have been negotiated, no action or proceeding shall be instituted, nor any defense to any action be interposed, by the company or any other person or persons, the object or tendency of which shall be to impair the validity or security, or to depress the value of such bonds, any provisions of law to the contrary notwithstanding.

1580. After the expiration of three years from the recording of the appraisers' schedule of assessments in any county, no action shall be instituted to foreclose any lien on land situated in said county, unless the assessments secured by such lien shall have been pledged or mortgaged as security for one or more bonds then outstanding; and in such cases no tract of land shall, after the lapse of

said three years, be liable for more than its fair proportion of the assessments pledged or mortgaged as security for bonds of the company, and required for the extinguishment thereof.

1581. No informality, irregularity, or omission, which shall have occurred, or which may occur, in the organization or proceedings of any company, or in the appointment or proceedings of any of them, officers, agents, or the appraisers, shall affect the rights or privileges of any such company, or invalidate the assessment of the appraisers, nor any sale of land which shall be made under any foreclosure of any lien for the assessment thereon; Provided, The amount of the assessment shall be clearly set forth in the appraisers' schedule, and the schedule shall have been duly recorded, and notice of the recording thereof given as herein before provided.

CHAPTER 15.-ELECTIONS.

In

Secs. 1582 to 1693, except sec. 1628. "An act to provide a general election law, the procedure relative to contested elections, and the filling of vacancies in office." 1879, p. 240. force September 1.

1582. The general election of this state shall be held on Tuesday succeeding the first Monday in November of each year.

1583. All state, district, county, precinct, and township officers, by the constitution and laws made elective by the people, except school district officers, and municipal officers in cities and villages, shall be elected at a general election to be held at the time provided in the preceding section.

1584. Every male person of the age of twenty-one years or upwards, belonging to either of the follewing classes, who shall have resided in the state six months, in the county forty days, and in the precinct, township, or ward ten days, shall be an elector: First-Citizens of the United States. Second-Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization at least thirty days prior to an election.

Winnebago Indians held not to be entitled to vote. 28, 466 (44 N. W., 471). See 14, 574 (16 N. W., 905).

1585. No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the law of the state, or of the United States, unless restored to civil rights.

1586. No soldier, seaman, or marine in the army and navy of the United States shall be deemed a resident of the state in consequence of being stationed therein.

1587. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger.

1588. [Officers chosen.]-One (1) judge of the supreme court and two (2) regents of the university shall be elected in the year eighteen hundred and seventynine (1879), and every second year thereafter, who shall serve for the term of six (6) years. Judges of the district court shall be elected in the year eighteen hundred and seventy-nine (1879), and every four years thereafter. The governor, lieutenant governor, congressmen, state treasurer, auditor of public accounts, secretary of state, attorney general, commissioner of public lands and buildings, superintendent of public instruction, and members of the legislature shall be elected in the year eighteen hundred and eighty (1880), and every second year thereafter. In counties not under township organization one (1) county judge, one (1) sheriff, one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) county surveyor, one (1) county superintendent of public instruction shall be elected in the year eighteen hundred and seventy-nine (1879), and every second year thereafter; and in each precinct two (2) justices of the peace and two (2) constables shall be elected in the year eighteen hundred and seventy-nine (1879), and every second year thereafter, except as hereinafter provided; and three (3) judges of election and two (2) clerks of election, one (1) assessor, and one (1) overseer of highways for each road district shall be elected in the year eighteen hundred and seventy-nine (1879), and annually thereafter, and one (1) county commissioner shall be elected annually, who

shall serve three (3) years. In counties under township organization, one (1) county judge, one (1) sheriff, one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) county surveyor, and one (1) county superintendent of public instruction shall be elected at the first general election after the adoption of township organization, and every second year thereafter. At the first general election in each township after the adoption of township organization, one (1) town clerk, one (1) town treasurer, three (3) judges and two (2) clerks of election, one (1) assessor, and one (1) overseer of highways for each road district shall be elected annually thereafter; and two (2) justices of the peace and two (2) constables shall be elected at said election, and every second year thereafter, except as hereinafter provided; and at said election one (1) supervisor shall be elected in each township and thereafter each odd numbered year in the odd numbered township and each even numbered year in the even numbered townships, said townships to be numbered by the county board at their first regular meeting after the passage of this act or the subsequent adoption of township organization, as nearly as practicable in the same manner as government sections are numbered in a government township. And at the first general election after the adoption of the township organization in any county, in each city and each village having one thousand (1,000) inhabitants or over, one (1) supervisor at large and one (1) additional supervisor for each four thousand (4,000) inhabitants therein, one (1) assessor, three (3) judges and two (2) clerks of election, and annually thereafter; and in each city and in each village having more than five hundred (500) inhabitants, two (2) justices of the peace and two (2) constables shall be elected at said election, and every second year thereafter; Provided, however, That in all cities of the metropolitan class there shall be six (6) justices of the peace, and six (6) constables for each of said metropolitan cities, and no more; and in all cities of the first class having less than eighty thousand (80,000) and more than twenty-five thousand (25,000) inhabitants there shall be elected three (3) justices of the peace and three (3) constables for each of such cities, and no more. In each county having a population of eight thousand (8,000) inhabitants or more, there shall be elected in the year eighteen hundred and seventy-nine (1879), and every four (4) years thereafter, a clerk of the district court in and for such county, and in each county having a population less than eight thousand (8,000) inhabitants the county clerk shall be ex-officio clerk of the district court and perform the duties devolving upon the officer by law. All county, precinct, and township officers created by statute or that may be hereinafter created shall be elected at such general election as may be provided in the law creating the office or offices.

Amended 1885, p. 249; 1889, p. 361; 1891, p. 235. County clerk is ex-officio clerk of the district court in counties having a population of less than 8,000, and the election of a person as clerk of the district court in such a county does not entitle him to the office. 10, 507 (6 N. W., 604). Does not have to give additional bond as clerk of district court. 1, 202. Clerk district court can only be elected in 1871 and every four years thereafter in counties having 8,000 or more population, and cannot be elected in counties attaining that population in intervening years. 11, 174 (8 N. W., 432). "First general election " means first election at which county officers are elected. 16, 567 (20 N. W., 875). Cities of second class under township organization elect two justices for each ward. 28, 748 (45 N. W., 169). Cities of first class entitled to three justices only. 28, 628 (44 N. W., 874). Election of justices in cities of first class 20, 379 (30 N. W., 267) If the requisite population is had thirty days before any general election, it is sufficient. 17, 503 (23 N. W., 337). See 21, 220 (31 N. W., 788).

1589. Electors of president and vice-president shall be elected at the general election in the year 1880, and every four years thereafter, on such day as congress may appoint, said electors to be chosen from the state at large.

1590. At the general election immediately preceding the expiration of the term of a United States senator from this state, the electors shall, by ballot, ex

press their preference for some person for the office of United States senator. The votes to be canvassed and returned in the manner hereinafter provided.

1591. A county treasurer shall be ineligible to office for more than two consecutive terms.

This section has no retroactive effect. 13, 533 (14 N. W., 481).

1592. Thirty days previous to any election at which any state officer is to be elected, the governor shall issue his proclamation designating all the offices to be filled by the vote of all the electors of the state, or by those of any congressional, legislative, or judicial district, and transmit a copy thereof by mail to the county clerk of each county.

1593. At least twenty days previous to any election, the county clerk, in counties not under township organization, shall make out and deliver to the sheriff of his county, or in counties under township organization, to the several town clerks, and to city clerks in cities of the first and second class, three notices thereof for each precinct, township, or ward in which the election in such county is to be held. The notices shall be substantially as follows: Notice is hereby given, that on Tuesday, the day of November, -, next, at the house of in an election will be held for governor, etc. (naming all the state and other officers to be balloted for), which election will be open at eight o'clock in the morning, and will continue open until six o'clock in the afternoon of the same day. Dated this day of —, A. D. 18—. A. B., County Clerk.

1594. The said sheriff or town or city clerk to whom the notices are delivered shall post up in three of the most public places in each precinct, township, or ward the three notices therefor, at least ten days before the time of holding any election.

1595. At all elections the polls shall be opened at eight o'clock in the morning, and close at six o'clock in the afternoon of the same day; but if the judges and clerks shall not attend at the hour of eight o'clock in the morning, or if it shall be necessary for the electors present to appoint judges and clerks, or any of them, as hereinafter prescribed, the polls may, in that case, be opened at any time before the time for closing the same shall arrive, as the case may require.

1596. Previous to any vote being taken the judges and clerks of election shall severally take an oath or affirmation according to the form prescribed in chapter on official bonds.

1597. In case there shall be no judge or justice of the peace present at the opening of the polls, it shall be lawful for the judges of election to administer the oath or affirmation to each other and the clerks of election; and the person administering such oath or affirmation shall cause an entry thereof to be made and subscribed by him, and prefix to each poll book.

1598. [Vacancies.]-In the event of any person or persons elected, or that have been appointed as herein provided for, shall not attend at the time and place of holding such election, the electors present shall choose the requisite number of persons to fill the respective offices of clerks and judges of election, and the person or persons thus chosen shall qualify as provided in the last two preceding sections.

1599. Upon opening the polls, one of the judges of election shall make proclamation of the same, and at least thirty minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed in half an

hour.

1600. Before any ballot shall be deposted in the ballot-box, the ballot-box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls; and