2479. (First) All moneys received from fines imposed upon members of the police force of such city for violation of the rules and regulations of the police department; (second) one-fourth of all rewards given or paid to members of the police force of such city, except such as shall be excepted by said board, and (third) all moneys arising from the sale of unclaimed property or money, after deducting all expenses incident thereto, shall be paid into the city treasury to the credit of the police relief fund, and the fire and police commissioners shall be trustees of the fund and shall invest the same from time to time, when there is a surplus, in United States bonds, bonds of the state of Nebraska, bonds of such city, or bonds of the county in which such city is located; Provided, however, That it shall be the duty of said city treasurer to deposit and keep at interest so much of said police fund as may not be invested as aforesaid, in such bank in such city as may be designated by the board of directors of the police relief fund, hereinafter mentioned, and approved by the board of fire and police commissioners.

"

2480. The members of the police force of the city shall make such rules and regulations as to the disbursement of the police relief fund to the members as they may deem proper, such rules and regulations to be approved by the board of fire and police commissioners. And the members of the police force, each having one vote, shall elect annually, on the first Wednesday after the first day of April in each year, a board of seven members from their own number, to be known as the board of directors of the police relief fund, to whom shall be entrusted the entire management of the fund and its disbursements, subject to the approval of the board of fire and police commissioners as herein provided.

2481. The board of directors shall organize, electing a president and secretary, and no payment of any money shall be made from the relief fund, save for investment by the trustees, except upon the order of the board of directors, signed by the president, countersigned by the secretary, and approved by the board of fire and police commissioners. Members who have resigned, or have been dismissed from the force, shall have no interest in or claim on such fund, and members who are honorably retired from the force shall have only such interest in the fund as may be fixed in the rules and regulations in relation to the fund by the board of directors, and approved by the board of fire and police commissioners.

2482. When a patrolman or any officer of a higher grade on the active force becomes bodily disabled in consequence of and while in the performance of official duty, he may continue to draw his regular salary, at the discretion of the board of fire and police commissioners, for a period not to exceed three months. If such disability, incurred in consequence of and while in performance of official duty, shall appear to be of such a character as to permanently unfit such member of active duty upon the police force, he shall, upon the recommendation of the mayor and approval of the board of fire and police commissioners, be retired and shall be allowed out of the police relief fund a pension of ten dollars ($10) per month, to be paid monthly. But if any member of the force, on recovery from such disability, be assigned to duty and full pay, his pension shall cease. Patrolmen and officers of a higher grade, who have done faithful service, and have been disabled so as to unfit them for serving for patrolman or as such officers, may be assigned to other duties suitable to their physical abilities, and shall always have preference in such assignments. When such member of the force, in consequence of such partial disability, has been assigned to any position having a rate of compensation lower than the one to which such member was entitled, previous to his disability, such assignment shall not exclude him from receiving a pension or terminate the pension which may have been awarded him. The pension herein provided for shall be aside from and in addition

to any allowance which may come from the police relief fund provided for above. Any patrolman or officer of a higher grade who has served faithfully for a period of fifteen years, from and after the passage of this act, and who has reached the age of fifty years may, on retirement from active service, on the recommendation of the mayor and the approval of the board of fire and police commissioners, be allowed a pension of ten dollars ($10) per month, to be paid as provided above for pensions on account of disability.

II. CITIES OF FIRST CLASS.

A. 25,000 To 100,000.

Secs. 2483 to 2595. "An act to incorporate cities of the first class and regulating their duties, powers, government, and remedies." 1889, p. 151. In force March 29. As amended by the act of 1891, p. 129. (Act of 1889 repeals act of 1887, p. 202.)

2483. Population.-That all cities having less than one hundred thousand (100,000) inhabitants and more than twenty-five thousand inhabitants shall be governed by the provisions of this act, and be known as cities of the first class.

2484. Population.-Whenever a city of the second class shall have attained a population of more than twenty-five thousand (25,000) inhabitants and such fact shall have been duly certified to the governor by the mayor of such city, attested by the seal thereof, he shall declare by public proclamation such city to be a city of the first class and subject to the provisions of this act.

2485. How organized.-The government of such city shall continue in authority from the date of such proclamation until the reorganization under this act. The mayor and council shall divide the city into not less than six different wards, to take effect at the next annual municipal election.

2486. Corporate limits.-The corporate limits of such city shall remain as theretofore, and the mayor and council may by ordinance include therein all the territory contiguous or adjacent, which has been by the act, authority, or acquiescense of the owners subdivided into parcels containing not more than twenty acres, and the mayor and council shall have power, by ordinance, to compel the owners of land so brought within the corporate limits to lay out streets, ways, and alleys to conform and be contiguous with the streets, ways, and alleys of such city (or otherwise as shall appear most for the convenience of the inhabitants of such city and the public), and they may vacate any public road heretofore established through such land when necessary to secure regularity in the general system of its public ways.

2487. Contiguous property.-Land shall be deemed contiguous to such city notwithstanding any stream or embankment, or any strip or parcel of land not more than two hundred (200) feet in width may lie between such land and the corporate limits of such city.

2488. Additions.-The proprietor or proprietors of any land within the corporate limits of any city of the first class, or contiguous to the same, may lay out said lands into lots, blocks, streets, avenues, and alleys, and other grounds under the name of addition to the city of and shall cause an accurate map or plat thereof to be made out designating explicitly the lands so laid out, and particularly describing the lots, blocks, streets, avenues, and alleys, and grounds belonging to such addition; the lots must be designated by numbers and the streets, avenues, and other grounds by name or numbers, and such plat shall be acknowledged before some officer authorized to take the acknowledgment of deeds and have appended a certificate made by some competent surveyor, that he has accurately surveyed such addition and that the lots, blocks, streets, avenues, alleys, parks, commons, and other grounds are well and accurately staked off and marked, and when such map or plat

is so made out, acknowledged, and certified, and after being approved by the mayor and council, the same shall be filed and recorded in the office of the county clerk of the county, and thereupon such plat shall be equivalent to a deed in fee simple to said city from the proprietor of all streets, avenues, alleys, public squares, parks, and commons, and of such portion of the land as is therein set apart for public and city use, or is dedicated to charitable, religious, or educational purposes, and all additions thus laid out shall remain a part of said city, and all additions now or hereafter laid out adjoining or contiguous to the said corporate limits shall be included in the same, and be and become thereupon a part of such city for all purposes whatsoever, and the inhabitants of such addition shall be entitled to all the rights and privileges, and subject to all the laws, ordinances, rules, and regulations of the city to which said land is an addition; Provided, The mayor and council shall have power by ordinance to compel the owners of any such addition to lay out streets, avenues, and alleys, so as to have the same correspond in width and direction, and be continuations of the streets, ways, and alleys in the city or additions thereto, contiguous to or near the proposed addition, and no addition shall have any validity, right or privilege as an addition unless the terms and conditions of such ordinance are complied with, and the plats thereof submitted to and approved by the mayor and council, and such approval endorsed thereon.

2489. Corporate name.-The corporate name of each city organized under or governed by this act shall be the city of and all process whatever affecting any such city shall be served upon the mayor or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk.

2490. Rights reserved. No right of property accrued to any city, corporation, or person under any law heretofore in force shall be affected by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council. When any such city or town shall be incorporated under the provisions of this act, all its said trusts, rights, and privileges shall be transmitted to and vested in such latter corporation, and all actions heretofore commenced by or against any city, or town which shall become a city, governed under the provisions of this act, shall be in no manner affected by this act, but all such actions shall be continued to final judgment and satisfaction as if this act had not been passed.

2491. Powers. Each city governed by the provisions of this act shall be á body corporate and politic, and shall have powers: First-To sue and be sued. Second. To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. Third. To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be deemed conducive to the interests of the city. Fourth. To make all contracts and to do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate powers. Fifth.-To exercise such other and further powers as may be conferred by law. The powers hereby granted shall be exercised by the mayor and council of such city as hereinafter set forth, but they shall not have power to sell any real estate of the city unless authorized to do so by a vote of the majority of the electors of such city at a special election therefor.

2192. Each city governed by this act shall be divided into not less than six wards as compact in form and equal in population as may be, and no ward shall contain less than six thousand (5,000) inhabitants, the boundaries of which shall be defined by ordinance. Each ward shall constitute an election district; Provided, That when any ward shall contain over five hundred (500) legal voters, the mayor and council may divide such ward into two or more election districts.

Amended 1891, p. 161.

2493. Precinct lines.-Precinct lines in that part of any county not under township organization, embraced within the corporate limits of any city governed by this act, shall correspond with the ward lines in such city, and such precinct shall correspond in number with the ward of the city, and be co-extensive with the same; Provided, That when a ward is divided into election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election district; And provided further, That no justices of the peace or constable shall be elected in such precinct, and every such city shall constitute a district for the election of justices of the peace and constables * and in every such district there shall be elected two justices of the peace and two constables at the time provided by law for the election of such officers in other districts.

All after repealed by implication by act of 1889, p. 362, providing for three justices. 28, 626 (44 N. W., 874).

2494. The general city election in all cities governed by this act shall be held on the first Tuesday in April, annually. The polls shall be open at such place in each election district as may be designated by the mayor to be fixed by ordinance, and shall be kept open between the hours of eight o'clock A. M. and seven o'clock P. M., and no longer.

Amended 1891, p. 129.

2495. [Officers elected.] At the first annual election after such proclamation by the governor, a mayor, treasurer, clerk, water commissioner, city attorney, city engineer, and police judge shall be elected by a plurality of votes for the term of two years, and biennially thereafter. In cities governed by the provisions of this act each ward shall elect from its residents two (2) councilmen for the term of one and two years respectively, and one annually thereafter, for two years. In cities of this class now or hereafter subject to the provisions of this act, whenever, by reason of an increase in wards in such city, any ward should be without representation, it shall be lawful and proper at the next succeeding election to elect two councilmen in each of such wards for the term of one and two years respectively, and one councilman annually thereafter for two years. Officers whose terms are unexpired shall hold their offices for their unexpired terms, and elections shall be made as vacancies occur. There shall also be in each city, governed by this act, an excise and police board, consisting of the mayor, who shall be ex-officio member and the chairman thereof, and two members elected by the city at large, who shall hold their offices for two years. The terms of all elective officers shall commence on the Tuesday next after their election and continue until their successors are elected and qualified. Each councilman hereafter elected in any such city, before entering upon the duties of his office, shall be required to give a bond to said city in the sum of two thousand dollars ($2,000), with two or more good and sufficient sureties, residents of said city, who shall each justify that he is worth at least two thousand dollars ($2,000) over and above all debts, liabilities, and exemptions, conditioned for the faithful discharge of the duties of the councilman giving the same, and further conditioned that if said councilman shall vote for any expenditure of money, or the creation of any liability in excess of the amount allowed by law, or shall vote for the transfer of any sum of money from one fund to another where such transfer is not allowed by law, that such councilman and the sureties signing said bond shall be liable thereon.

Amended 1891, p. 129. See 29, 205 (45 N. W., 279)..

2496. Chief of the fire department, and the inspector of meats and live stock, building inspector, who shall be a person of practical experience in the erection and construction of buildings, and such other offices as may be provided for by this

act except the marshal and police, and not elective, may be appointed by the mayor, by and with the assent of the council. Any of such officers may be removed at any time by a vote of three-fourths of all the members of the council. All confirmation of officers of the council shall be made viva voce, and the concurrence of a majority shall be required, and the vote by yeas and nays shall be recorded. The city marshal and such number of police as the excise and police board may authorize, shall be appointed and may be removed by the excise board as hereinafter provided; and in case of emergency, the mayor may appoint a necessary number of special police, who shall be removable at the pleasure of the mayor. Amended 1891, p. 131.

2497. Electors-Qualification.-The qualification of the electors in the several wards shall be the same as is required for the electors under the laws of the state, and they shall also have resided in the city three months and in the ward seven days. At a meeting of the council on the first Monday after any city election, the returns shall be canvassed, and they shall cause the clerk to make out and deliver certificates of election to the persons found to be elected, and a neglect of such officer to qualify within ten days after the delivery to him of such certificate shall be deemed a refusal to accept the office to which he may have been elected.

2498. Council meetings.-Regular meetings of the council shall be held at such times as may be fixed by ordinance and special meetings whenever called by the mayor or any four councilmen. Two-thirds of all the members elected to the council shall constitute a quorum for the transaction of any business, but a less number may adjourn from time to time, and compel the attendance of absent members.

2499. The salaries of all officers shall be fixed by ordinance, not exceeding the following sums per year, respectively: The mayor, one thousand dollars ($1,000) per annum; treasurer, three thousand dollars ($3,000) per annum; deputy treasurer, twelve hundred dollars ($1200) per annum; one assistant, nine hundred dollars ($900) per annum; each councilman, and member of the excise board, except the mayor, three hundred dollars ($300) per annum; clerk, two thousand dollars ($2,000) per annum, including the making of the tax list; deputy city clerk, twelve hundred dollars ($1200) per annum; marshal, one hundred dollars ($100); captain of police, ninety dollars ($90), and policemen, seventy dollars ($70) each per month; city engineer, eighteen hundred dollars ($1800) per annum; street commissioner, seventy-five dollars ($75) per month; city attorney, fifteen hundred dollars ($1500) per annum; deputy city attorney, nine hundred dollars ($900) per annum; water commissioner, one thousand dollars ($1,000) per annum; inspector of meats and live stock, seventy dollars ($70) per month; chairman of the board of public works, twelve hundred dollars ($1200) per annum, and the other two members of said board, two hundred dollars ($200) per annum. The foregoing to be construed as limitations and not fixed salaries. All other officers and employees of the city, except police judge, shall receive such compensation as the mayor and councilmen shall fix by ordinance at the time of their employment; Providing, however, That if any officer absent himself from the city for the period of sixty days or more he shall forfeit his salary during such absence, and if absent for ninety days his office may be declared vacant by the mayor and three-fourths of all the members of the council. The emoluments of no officer, whose election or appointment is required by this act, shall be increased or diminished during the term for which he was elected or appointed, and no person who shall have resigned or vacated any office, shall be elegible to the same or any appointive office during the time for which he was elected or appointed. No one shall be appointed as an in