shops, gambling and gambling houses and other disorderly houses and practices, and all kinds of public indecencies, and all lotteries or fraudulent devices and practices for the purpose of obtaining money or property; and to license, regulate or prohibit billiard halls and billiard tables, pool halls and pool tables, and bowling alleys. Sec. 2. Repeal.-That Section 5014, Revised Statutes of Nebraska for 1913, is hereby repealed. Approved, March 28, 1917. CHAPTER 100. (House Roll No. 239.) [Introduced by Mr. Tracewell.] AN ACT to amend Section 5080, Revised Statutes of Nebraska for 1913, relating to municipal corporations. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment.-That Section 5080, Revised Statutes for 1913, is hereby amended to read as follows: 5080 Sec. 60. Cities of second class and villages-sale of real estate.-Cities of the second class and villages governed by this chapter shall be bodies corporate and politic, and may sue and be sued; contract or be contracted with; acquire, hold and convey property, real or personal; have a common seal which they may change and alter at pleasure; and such other powers as may be conferred by law: Provided, real property shall only be conveyed by the proper authorities of such city or village when so authorized by a vote of the electors thereof. Provided, however, when any city having more than one thousand inhabitants and less than five thousand inhabitants shall own real estate within or adjoining the corporate limits of said city, and the electors thereof shall have authorized by a three-fifths vote that said land may be sold by the proper authorities of said city then said land may be sold in one tract, or in several, or it may be subdivided in the manner provided by law for the purpose of laying out any city or village, or any addition thereto, and if so subdivided the Ch. 100, 101) Real Estate-Boundaries 265 city shall comply with all of the laws and ordinances governing a private person who sub-divides property for the same purpose. Provided, further, no tract, sub-division or lot so created shall be sold until said sale is authorized by a two-thirds vote of the city or village council or governing body. Sec. 2. Repeal.-That Section 5080, Revised Statutes of Nebraska for 1913, is hereby repealed. Approved, March 28, 1917. CHAPTER 101. (House Roll No. 122.) [Introduced by Mr. Good.] AN ACT to amend Section 5088, Revised Statutes of 1913, relating to annexation of contiguous territory by city or village, providing that territory separated from city or village by land belonging to the state of Nebraska and used for public institutions may be annexed, and to repeal said original section. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment.-That Section 5088, Revised Statutes of 1913, is hereby amended to read as follows: 5088 Sec. 68. Cities of second class and villages, annexation of territory to.-When any city or village shall desire to annex to its corporate limits any contiguous territory, or any territory which is separated from such city or village by a tract or tracts of land belonging to the state of Nebraska and used for public institutions, whether such territory be in fact subdivided into tracts or parcels of ten acres or less, or be not so subdivided, the council or board of trustees of the corporation shall vote upon the question of such annexation, and if a resolution to annex such territory, describing the same in general terms, be adopted by two-thirds vote of all the members elect of such council or board of trustees, the resolution, and the vote thereon, shall be spread upon the records of the council or board. The city or village may thereupon present to the district court of the county in which such territory lies, a petition praying for the annexation of such territory, together with an accurate plat or map of the same showing the sub-divisions of the territory, if it be so subdivided, and its relative position to such city or village; and such petition shall set forth the resolution of the council or board of trustees for annexation of the same, and the vote thereon, and also the names of the various owners of said territory, if there be more than one such owner, and shall also set forth the material benefits and advantages to be derived from such annexation. A notice of the filing of the petition shall be served upon the owner or owners of such adjacent territory in the same manner as a summons in civil actions; and, in case the owner or owners be non-residents of the state, the notice shall be published in the manner provided for service by publication in civil actions. Issues shall be joined and the cause tried in the same manner, as nearly as may be, as provided for trial of causes under the code of civil procedure, except that no judgment for costs shall be rendered against any defendant who does not make any defense. If the court find the allegations of the petition to be true, and that such territory, or any part thereof, would receive material benefit by its annexation to such corporation, or that justice and equity require such annexation of said territory, or any part thereof, a decree shall be entered accordingly; and a copy of the decree of the court, duly certified under the seal thereof, together with a plat of the territory with a proper description thereof, so decreed to be annexed, and in case the same is already subdivided, showing the same subdivided into blocks and lots to correspond as near as may be with the fact, and as near as may be with the lots, blocks and streets of the adjacent city or village, and corresponding as near as may be to the provisions of this article providing for platting additions, shall be filed and recorded in the office of the county clerk or recorder of the county in which such territory lies; and from the time of filing of such decree and plat, the territory therein described shall be included in and become a part of such city or village, and the inhabitants thereof shall receive the benefits of and be subject to the ordinances and regulations of such city or village: Provided, appeals may be taken from the proceedings aforesaid in the district court, as in other civil cases; but notice of appeal must be given immediately on the entering of the decree in said district court, and the filing of the said decree and plat in the county clerk's office shall be stayed to abide the event of such appeal, and, in case such appeal be not perfected, said corporation may file said Ch. 101, 102) Paring, Sidewalks 267 decree and plat as hereinbefore provided for without being prejudiced by lapse of time. On the filing of such decree and plat the council or board of trustees shall pass an ordinance declaring such territory to be annexed to such city or village, and extending the corporate limits thereof accordingly; and file a certified copy of the same in the county clerk's office. Sec. 2. Extention of limits around state land. The extention of the city limits beyond or around any lands belonging to the State of Nebraska, shall not affect the status of such state land. Sec. 3. Repeal. That said original Section 5088, Revised Statutes of 1913, is hereby repealed. Approved, April 20, 1917. CHAPTER 102. (Senate File No. 162.) [Introduced by Mr. Neal.] AN ACT to amend Section 5110 of the Revised Statutes of the State of Nebraska, for the year 1913 as amended by Chapter 92, Session Laws of 1915, and to repeal said original Section, and to declare an emergency. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment.-That Section 5110 of the Revised Statutes of Nebraska for the year 1913, be amended to read as follows: 5110 Cities, second class and villages-powers-same-pave streets-build sidewalks assessments.-V. To construct sidewalks; to grade from lot line to curb line of its streets and highways for sidewalks and parks; to park any highway, street, avenue or alley, and to maintain parks thereon; and to levy a special assessment on the lots and parcels of land abutting on or adjacent to such highway, street, avenue or alley so improved, to pay the expenses of such improvement; to curb, pave, repave, gravel, macadamize or otherwise improve and gutter any highway, street, avenue or alley therein, and for that purpose to create suitable street improvement districts, and to levy a special assessment on the lots and parcels of land abutting on or adjacent to such highway, street avenue or alley, or especially benefited thereby in such districts, in proportion to such benefits to pay the expense of such improvements. But unless three-fifths of the resident owners of the property subject to the assessment for such improvements petition the council or trustees to make the same, such improvements shall not be made until three-fourths of all the members of such council or board of trustees shall by vote assent to the making of same. All such assessments shall be a lien on the property on which levied from the date of levy, and shall thereupon be certified by direction of the council or board of trustees to the treasurer of such city or village for collection, and such assessments shall not be due and payable to such treasurer until the first day of November thereafter, or until the delivery of the tax list for such year to the treasurer of the county in which such city or village may be situated, at and after which time the same shall be due and payable to such county treasurer. The council or board of trustees of such city or village shall, within the time provided by law, cause such assessments or portion thereof then remaining unpaid, to be certified to the county clerk of said county for entry upon the proper tax lists, and, in case the city or village treasurer shall collect any assessment or portion thereof so certified while the same shall be payable to such treasurer as aforesaid, the same shall be by the treasurer certified to the county treasurer at once and the latter shall correct his record to show such payment. All such assessments, except for paving or repaving, shall draw interest until the same become deliquent, at the rate of seven per cent per annum from the date of levy, and shall become delinquent on the first day of May subsequent to the date of the levy, and shall thereafter draw interest at the rate of one per cent per month: Provided, in case of assessments for paving or repaving, one-twentieth of the total amount assessed against each lot or parcel of land shall become delinquent in fifty days after the date of such levy, onetwentieth in one year, one-twentieth in two years, one-twentieth in three years, and one-twentieth in four years, one-twentieth in five years, one twentieth in six years, one-twentieth in seven years, one-twentieth in eight years, and one-twentieth in nine years, one-twentieth in ten years, one-twentieth in eleven years, onetwentieth in twelve years, one-twentieth in thirteen years, onetwentieth in fourteen years, one twentieth in fifteen years, |