any county may vote for or against township organization in such county.

ballots.

SEC. 2. The county commissioners, on petition of fifty Form of or more legal voters, shall cause to be submitted to the voters of the county the question of township organization under this act, by ballot, to be written or printed or partly written or partly printed, "for township organization," or "against township organization," the votes to be canvassed and returned in like manner as votes for county officers.

to be governed

by this act.

6 Neb., 474.

SEC. 3. If it shall appear by the returns of said elec- When county tion that a majority of the legal votors of said county voting at said election are for township organization, then the county so voting for its adoption shall be governed by and subject to the provisions of this act on and after the first day of the meeting of the county supervisors, as hereinafter provided.

organization.

.

SEC. 4. For the purpose of temporary organization, Temporary each voting precinct shall be a township until otherwise ordered by the county board, and at the general election at which the question of adoption of township organization is submitted as aforesaid; Provided further, That in wards of cities of the first and second class whose limits are coextensive with precincts, the electors thereof shall only choose supervisors, assessors, and judges and clerks of election.

visors meet.

SEC. 5. In case a majority of the legal votes cast at said when superelection shall be "for township organization," and the electors have chosen supervisors in a majority of the precincts of the county as provided in the preceding section, there shall be held a special meeting of the newly elected county board, commencing on the fifteenth day after such election, at the county seat, and when such board shall have met and organized, the power of the county commissioners of such county shall cease and their offices become vaAt such special meeting the county board may trans

cant.

Boundaries.

Officers elected.

Supervisors

chosen by the population.

act such county business as may be required to be transacted before the next regular meeting of the board, and shall proceed to divide said county into towns or townships, making them conform as near as practicable to townships according to the government survey. When fractions of townships are caused by the county lines not being in accordance with the surveyed townships, then the commissioners may attach such fractions to adjoining towns when the number of inhabitants or the amount of territory in such fraction shall not be sufficient for a separate town. When a surveyed township shall have too few inhabitants for a separate organization, then such township may be added to some adjoining town, or such township may be divided between two or more towns for the time being; and when creeks or rivers so divide a township as to make it inconvenient for transacting town business, then such creek or river may be made the town boundary and the town fractions so formed may be disposed of as other fractional townships. No city or village of over one thousand inhabitants shall be included within the corporate limits of any township, but the territory occupied by such city or village of over one thousand inhabitants shall constitute a town by the name of such city or village for the purpose of town meetings and organization as hereinafter provided. The electors of each precinct may choose one supervisor, one town clerk, one town treasurer, one assessor, three judges, and two clerks of election, and one overseer of highways in each road district, and if it appears that a majority of the legal votes cast have therein the words "for township organization," the county clerk shall publish the fact, and such officers having duly qualified, shall hold their offices respectively until the next general election for township officers, and until their successors shall be elected and qualified; Provided, That at said election in precincts having more than three thousand inhabitants, there shall be elected one additional supervisor,

officers.

in precincts having five thousand inhabitants, there shall be elected two additional supervisors, and for every additional two thousand inhabitants there shall be elected one additional supervisor; the population to be ascertained by the last federal or state census preceding the election. In case of a failure to elect proper town officers at said election, Failure to elect then such county shall not be governed by this act until the first Tuesday in January following the next general election after the adoption of township organization, and it shall be the duty of the county commissioners before said next general election to divide the county into townships, and name the same in the same manner as the county board are directed to do by the provisions of this section.

SEC. 6. The county board shall designate the name of Name of town. each town, and may change the name of any town upon a petition of a majority of the voters of said town, in the manner provided by law.

names and boundaries.

SEC. 7. The county clerk shall record in a book kept Record of for that purpose the names and boundaries of each town as designated by the county board, and shall forthwith forward an abstract thereof to the auditor of public accounts of this state, who shall make a record of the same.

election.

SEC. 8. The county clerk shall, at least twenty days First town before the first Tuesday in April, designate some central and convenient place in each town for holding of the first town meeting.

town election.

SEC. 9. The county clerk shall thereupon make out Notices of first notices stating the time (which shall be the first Tuesday in April thereafter) and place for holding the first town meeting. Such notice shall be posted by the sheriff in some public place in said town at least fifteen days before the holding of the meeting.

ducted.

SEC. 10. The first town meeting shall be conducted in How conthe manner as other town meetings hereinafter provided

for.

Corporate

name.

Corporate powers.

Powers of

electors at an

Corporate property.

Exercise of powers.

Litigation.

Trees.

SEC. 11. The corporate name of each town shall be the town of (name of town), and all acts done by the town and all actions by or against the town, shall be in its corporate name.

SEC. 12. Every town shall have corporate capacity to exercise the powers granted thereto, or necessarily implied, and no others. It shall have power: First. To sue and be sued. Second. To acquire by purchase, gift, or devise, and to hold property, both real and personal, for the use of its inhabitants, and again to sell and convey the same. Third. To make all such contracts as may be necessary the exercise of the powers of the town.

in

SEC. 13. The electors present at the annual town meetnual meetings. ing shall have power: First. To make all orders for the sale, conveyance, regulation, or use of the corporate property of the town that may be deemed to be conducive to the interests of its inhabitants. Second. To take all necessary measures and give directions for the exercise of their corporate powers. Third. To provide for the institution, defense, or disposition of suits at law or in equity in which the town is interested. Fourth. To take such action as shall induce the planting and cultivation of trees along the highways in such towns, and to protect and preserve trees standing along or on highways. Fifth. To construct and keep in repair public wells and to regulate the Offensive sub- use thereof. Sixth. To prevent the exposure or deposit of offensive or injurious substances within the limits of the town. Seventh. To make such by-laws, rules, and regulations as may be deemed necessary to carry into effect the powers herein granted, and to impose such fines and penalties, not exceeding $20.00 for one offense, as shall be deemed proper, except when a fine or penalty is already allowed by law, such fine or penalty to be imposed by any justice of the peace of the town where the offense is committed. Eighth. To direct the raising of money by taxation for the

Public wells.

stances.

By-laws.

Fines.

Taxation.

following purposes: 1st. For constructing or repairing Repair roads. roads and bridges within the town to the extent allowed

bridge.

of officers.

by law. 2d. For the prosecution or defense of suits by or For litigation. against the town, or in which it is interested. 3d. For any General. other purpose required by law. 4th. For the purpose of Building building or repairing bridges over streams dividing said town from any other town. 5th. For the support of the Support poor. poor within the town; Provided, That when the county board of any county shall have established a poor-house under any statute law of the state, the support of the poor shall be provided for by the county board, and no taxes for that purpose shall be voted by the electors at town meetings, except sufficient to provide temporary relief. 6th. For the compensation of town officers at the rates al- Compensation lowed by law, and when no rate is fixed, for such amount as the electors may direct. Ninth. To guard against the Prairie fires. destruction of property in said town by prairie fire. Tenth. Domestic To restrain, regulate, or prohibit the running at large of cattle, horses, mules, asses, swine, sheep, and goats, and determine when such animals may go at large, if at all; Provided, That all votes thereupon shall be by ballot. Eleventh. To authorize the distraining, impounding, and Empounding sale of cattle, horses, mules, asses, sheep, goats, and swine for penalties incurred and costs of proceedings; Provided,. That the owner of such animals shall have the right to redeem the same from the purchaser thereof at any time within one month from the day of sale, by paying the amount of the purchaser's bid, with reasonable costs for their keeping, and interest at the rate of seven per cent per annum.`

animals.

of animals.

organize and

officers.

SEC. 14. In case any town in any county, wherein town- Refusal to ship organization has been or may be adopted, shall refuse or elect town neglect to organize and elect town officers at the time fixed by law, it shall be the duty of the board of supervisors of the county, upon the affidavit of any freeholder, resident of said town, filed in the office of the county clerk, setting