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Opening and vacating streets,


driving, or passing of horses, mules, oxen, cattle, or other teams, or auy vehicle drawn thereby, over, upon, or across sidewalks, or along any street of the city or village.

Twenty-seventh.—To open, widen, or otherwise improve or vacate any street, avenue, alley, or lane, within the limit of the city or village; also to create, open and improve any new street, avenue, alley, or lane; Provided, That all damages sustained by the citizens of the city or village, or of the owners of the property therein, shall be ascertained in such manner as shall be provided by ordinance; Provided, further, That whenever any avenue, street, alley, or lane shall be vacated the same shall revert to the owners of the adjacent real estate, one-half on each side thereof.

Twenth-eighth.—To open, create, widen, or extend any street, avenue, alley, or lane, or annul, vacate or discontinue the same whenever deemed expedient for the public good, and to take private property for public use, or for the purpose of giving a right of way or other privilege to any railroad company, or for the purpose of erecting or establishing market places, or for any other necessary puble purpose; Provided, however, That in all cases the city or village shall make the person or persons, whose property shall be taken or injured thereby, adequate compensation therefor, to be determined by the assessment of five disinterested householders, who shall be elected and compensated as may be prescribed by ordinance, and who shåll in the discharge of their duties act under oath faithfully and impartially to make the assessment to them submitted.

Twenty-ninth.—To borrow money on the credit of the city and to pledge the credit, revenue, and public property of the city for payment thereof, when authorized in the manner hereinafter provided.

Borrow money. 7 Neb., 273.

Thirtieth. All ordinances shall be passed pursuant Ordinances,

passage, proof, to such rules and regulations as the council or board of trustees may provide; and all such ordinances may be proved by the certificate of the clerk under the seal of the city or village, and when printed or published in book or pamphlet form and purported to be published by authority of the city or village, shall be read and received in evidence in all courts and places without further proof. Thirty-first. The council or trustees shall cause to Publish

receipts and be 'published, semi-annually, a statement of the re-expenditures. ceipts of the corporation and sources thereof, and an itemized account of expenditures with a statement of the financial condition of the city or village. Thirty-second.—To purchase, hold, and pay for, in Lands for hos

pitals, cemethe manner herein provided, lands not exceeding tertes, and eighty acres in one body outside of the limits, for the purpose of the burial of the dead, and all necessary grounds for hospital grounds and waterworks.

Thirty-third.—To survey, plat, map, grade, fence, Cemeteries. ornament, and otherwise improve all burial and cemetery grounds and avenues leading thereto owned by buch city or village; to construct walks, to protect ornamental trees therein, and provide for paying the ex


pense thereof.

Thirty-fourth.—To convey cemetery lots by certifi- Same. cates signed by the mayor and chairman, and countersigned by the clerk, under the seal of the city or village, specifying that the person to whom the same is issued is the owner of the lot or lots described therein by numbers as laid down on such map or plat for the purpose of interment, and such certificate shall vest in the proprietor, his or her heirs and assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulations of the city council or


board of trustees, and such certificate shall be entitled to be recorded in the office of the county clerk of the proper county, without further acknowledgment, and such description of lots shall be deemed unrecognized as a sufficient description thereof.

Thirty-fifth.—To limit the number of cemetery lots which shall be owned by the same person at the same time; to prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots; to prohibit any diversion of the use of such lots, and any improper adornment thereof; but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots.

Thirty-sixth.—To pass rules and ordinances imposing penalties and fincs, not exceeding one hundred dollars ($100), regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereof, and trespassers therein. And the officers of such city or village shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the corporation itself.

Approved February 26th, A.D. 1883.



AN ACT to provide for the organization, government, and powers of

cities of the second class having more than ten thousand inhabitants.

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

Number of inhabitants. 10 Neb., 204.

SECTION 1. That all cities in this state having more than ten thousand and less than twenty-five thousand inhabitants shall be governed by the provisions of this act. SEC. 2. Whenever any city shall hereafter have Governor's

proclamation attained a population of ten thousand inhabitants, and such fact shall have been duly ascertained and certified by the mayor of such city to the governor, the governor shall by proclamation declare such city to be a city of the second class and subject to the provisions of this act.

Sec. 3. Any city heretofore incorporated and sub- Corporate ject to the provisions of this act shall include within its corporate limits, all the territory heretofore included therein, and also all territory contiguous or adjacent thereto, which has been at any time, by the owner or proprietor thereof, or by any one, by his or her authority or acquiescence, laid off or subdivided into lots or blocks, containing not more than three acres of land each, whether the same shall have been so laid off, subdivided, or platted, in accordance with any statute of this state, or otherwise, and the mayor and council shall have power by ordinance to compel the owners of any contiguous or adjacent property, or any part thereof, to lay out streets, avenues, and alleys, so as that the same shall correspond in width and direction, and be continuous with the streets, avenues, and alleys of such city, or otherwise, as shall appear most for the convenience of the inhabitants of such city, and the public.

Sec. 4. Whenever any land lying contiguous or ad- Enlarging jacent to any such city or to any addition or extension. Neb., 48. thereof shall be or shall have been by the owner or proprietor thereof, or by any person, by or with his or her authority or acquiescence, laid off into lots or blocks, containing not more than one acre of land each, whether the same shall have been or shall be laid off, subdi. vided, or platted in accordance with any statute of this

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state or otherwise, it shall be competent for the mayor and council by ordinance to declare the same by such name, designation, or description as they may see fit, a part of such city, and thereupon and thereafter the corporate limits of such city shall extend to and include such land.

SEC. 5. When land or territory shall be or shall have been laid off, subdivided, or platted into lots or blocks, and such lots and blocks shall be or shall have been for the purposes of sale or otherwise subdivided into smaller lots or parcels, such smaller lots or parcels shall be treated and regarded as lots or blocks within the meaning of the last two preceding sections, and land or territory laid off or subdivided as in said sections described, shall be treated and regarded as contiguous to such city, notwithstanding any stream or embankment or any strip or parcel of land, not more than two hundred feet in width, may be or lie between such land or territory and the corporate limits of such city.

Sec. 6. The corporate name of each city organized under or governed by this act, shall be “The City of -," and all and every 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.

Sec. 6. 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.

Sec. 7. Each city governed by the provisions of this act shall be a body-corporate and politic, and shall have powers: First. To sue and be sued. Second. To pur

Corporate name.

Rights and privileges presumed.

9 Neb., 360.

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