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sioner by death, resignation or removal from office, as aforesaid, or removal from the city or village, may be filled in the manner hereinbefore provided for the appointment of such commissioner. The water commissioner shall, before he enters upon the discharge of his duties, execute a bond to such city or village in a sum to be fixed by the mayor and council, or chairman and board of trustees, but not less than five thousand dollars, conditioned for the faithful discharge of his duties, and signed by two or more good and sufficient sureties, to be approved by the mayor and council or board of trustees. It shall be the duty of such water commissioner, subject to the supervision of the mayor and council or board of trustees, to have the general management and control of the system of water works, mains, portion or extension of any system of water works or water supply in the city or village, fixing the rates to be paid by the inhabitants thereof within such limit as may be prescribed by the ordinance for the use of water, water meters and hydrants; to collect all money received by the city or village on account of said system of water works, and faithfully to account for and pay over to the treasurer of such city or village, taking his receipt therefor in duplicate, filing one of the same with the city or village clerk; to make a detailed report to the city council or board of trustees, at least once every six months, of the condition of said water system, of all the mains, pipes, hydrants, reservoirs and machinery, such improvements, repairs and extensions thereof as he may think proper, and showing the amount of receipts and expenditures on account thereof for the preceding six months, and no money shall be expended for improvements, repairs or extension of said water works system, except upon recommendation of the water commissioner. The water commissioner shall perform such other duties as may be prescribed by ordinance. The water commissioner shall be paid a salary fixed by ordinance, not exceeding one thousand dollars per annum, and upon his written recommendation the council or board shall employ such laborers and clerks as may to them seem necessary, and no member of the council or board of trustees shall be eligible to the office of water commissioner during the term for which he was elected.

See. 2. Repeal.-That said original Section 5119, Revised Statutes for 1913, is hereby repealed.

Sec. 3. Emergency. Whereas, an emergency exists this act

Ch. 104)

Sale of Light, Heat, Power

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shall take effect and be enforced from and after its passage and approval.

Approved, March 28, 1917.

CHAPTER 104.

(House Roll No. 19.)

[Introduced by Mr. Dafoe.]

AN ACT to amend Section 5142, Revised Statutes of Nebraska for 1913, relating to the sale of light, heat and water by cities of the second class and villages, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 5142, Revised Statutes of Nebraska for 1913, be amended to read as follows:

5142 Sec. 93. Cities second class and villages-sale of light, heat or water-bonds.-Any city of the second class or village which has heretofore established or many hereafter establish any electric or other lighting plant, or any system of waterworks, or any heating or other municipal plant, is hereby authorized and empowered to enter into any contract for the furnishing of electricity, power, steam or other product of such system or plant, to any person or corporation. Provided, the furnishing of such electricity, power, steam or other product shall not interfere with the proper purpose for which the lighting, heating, waterworks or other plant of such city or village was intended. Provided, further, that any city of the second class or village may, by a majority vote of the electors voting at any regular or special election upon the proposition, vote bonds or pay taxes for the purpose of defraying the cost of a plant and for transmission connection with any other city or village with which it may enter into contract for the furnishing of electricity, power, steam or other product furnished by said city or village.

Sec. 2. Repeal.-That Section 5142, Revised Statutes of Nebraska for 1913, is hereby repealed.

Approved, April 24, 1917.

CHAPTER 105.

(House Roll No. 703.)

[Introduced by Mr. Hunt.]

AN ACT to amend Section 5165, Revised Statutes for 1913, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 5165, Revised Statutes for 1913, be amended to read as follows:

5165 Sec. 116. Second class cities and villages-cemeteries. -Any city of the second class or village through its mayor and city council or board of trustees may purchase, hold, pay for, in manner herein provided, lands not exceeding 160 acres outside the corporate limits of any city of the second class or village, for the purpose of the burial of the dead, and all necessary grounds. for hospital grounds and water works. The council or trustees are also empowered and authorized to receive by gift or devise real estate for the purpose of cemeteries. In the event any city of the second class, or village through their mayor and city council, or board of trustees, should desire to purchase any cemetery belonging to any corporation, partnership, association or individual, which said cemetery has already been properly surveyed and platted, and is used for cemetery purposes, then and in that event said mayor and city council, or board of trustees are hereby authorized and empowered to purchase said cemetery. Should the owner or owners of such cemetery which the mayor and city council or board of trustees desire to purchase and said mayor and city council, or board of trustees, are unable to come to an agreement as to the purchase price to be paid for said cemetery, then and in that event the mayor and city council, or board of trustees, may purchase said cemetery by right of eminent domain, and in the same manner and form as cities of the second class and villages can appropriate private property for parks and public grounds. Where such real estate is acquired by gift or devise the title shall vest in the city or village upon the conditions imposed by the donor, and upon acceptance by the mayor and city council, or chairman of the board of trustees, or board of trustees, and where such real estate is acquired by purchase or by virtue of eminent domain, the title shall vest absolutely in such city or village. Nothing in this section shall be construed to in any manner affect cem

Ch. 106)

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eteries belonging to any religious organization or society, lodge or fraternal society.

Sec. 2. Repeal. That said original Section 5165, Revised Statutes for 1913, be and the same is hereby repealed.

Approved, April 25, 1917.

CHAPTER 106.

(House Roll No. 134.)

[Introduced by Messrs. Keegan and Lovely.]

AN ACT to amend Section 5211 of the Revised Statutes of Nebraska for 1913, providing for the filling of a vacancy in the office of the Police Magistrate.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 5211 of the Revised Statutes of Nebraska for the year 1913, be amended to read as follows:

5211 Sec. 17. Police courts-vacancies.-In case of a vacancy in the office of police magistrate by death, resignation or otherwise, or in case of his absence, disability or inability to act, it shall be the duty of the mayor or chairman of the board of trustees to appoint in writing some suitable elector of such city or village to act as police magistrate during such vacancy, absence or disability. Provided, however in cities of the metropolitan class having a municipal court, in case of the absence of the police magistrate or his disability or inability to act, the mayor shall designate a judge of the municipal court, to act as such police magistrate and said judge shall serve without extra compensation.

Sec. 2. Repeal.-That Section 5211 Revised Statutes of Nebraska for 1913 is hereby repealed.

Approved, April 21, 1917.

CHAPTER 107.

(Senate File No. 252.)

[Introduced by Mr. Doty.]

AN ACT to amend the second provision of Section 5546 of the Revised Statutes of Nebraska for 1913 and to repeal said original provision.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That the second provision of Section 5546 of Revised Statutes of Nebraska for 1913 be amended to read as follows:

State auditor-duties.-Second-to draw all warrants upon the treasurer for money, except only in cases otherwise expressly provided for by law, and each warrant so drawn shall bear upon its face a reference to the law authorizing the drawing of the same, naming the fund out of which it shall be paid, and shall be countersigned by the state treasurer before it is delivered to the party in whose favor it is drawn; Provided, that said warrants need not be drawn for at least ten days from the date the claim is presented to the auditor.

Sec. 2. Repeal. That said original second provision of Section 5546 of the Revised Statutes of Nebraska for 1913 be and the same hereby is repealed.

Approved, April 24, 1917.

CHAPTER 108.

(Senate File No. 22.)

[Introduced by Mr. Moriarity.]

AN ACT to amend Section 5599 Revised Statutes of Nebraska 1913, 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 5599, Revised Statutes of Nebraska for 1913, is hereby amended to read as follows: 5599 Sec. 69. County attorney-deputies-salary-bond.The county attorney may appoint one or more deputies who

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