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CHAPTER 2.

Amending sec. 3110 Consol. Stats., 1891; sec. 20, chap. 7, Comp. Stats., 1891.

Deputy county

[Senate File No. 3.]

AN ACT entitled an act to amend section 3,110 of the Consolidated
Statutes of Nebraska of 1891, and to repeal said original section.

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

SECTION 1. The county attorney may appoint one or more deputies who shall act without any compensation from the county to assist him in the attorneys: ap discharge of his duties; Provided, that the county bonds. attorney of any county may, under the direction of the district court, procure such assistance in the trial of any person charged with the crime of fel

compensation;

ony, as he deem necessary for the trial thereof;

may

and such assistant or assistants shall be allowed such compensation as the county board shall determine for his services, to be paid by order on the county treasurer upon presenting to said board a certificate of the district judge before whom said cause was tried, certifying to the services rendered by such assistant or assistants; Provided, further, that in counties having a population of over 70,000 inhabitants and less than 125,000 there is hereby created the office of deputy county attortorney to be appointed by the county attorney at a salary not to exceed the sum of fifteen hundred dollars ($1,500) per annum to be fixed by the judges of the district court and to be paid by order on the county treasurer upon presenting to said board the certificate of the judges of the district court certifying to the amount of such salary; Provided, further, that in counties whose population exceed 125,000 inhabitants there are hereby created

the offices of three deputy county attorneys to be appointed by the county attorney of such county at salaries not to exceed the sum of fifteen hundred dollars ($1,500) each per annum, to be fixed by the judges of the district court, and to be paid by order on the county treasurer upon presenting to said board the certificate of the judges of the district court certifying to the amount of such salary; Provided, further, that before entering upon the duties of their said offices said deputies shall be required to give bond for the faithful performance of the same in an amount to be fixed and approved of by the said judges of the district court.

clause.

SECTION 2. That section 3,110, of the Consoli- Repealing dated Statutes of Nebraska of 1891, is hereby repealed.

SECTION 3. Whereas an emergency exists this Emergency. act shall take effect and be in force from and after

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AN ACT entitled an act to amend sections, 1, 2, 10, 16, 30, 41, 48, 49,
61, 64, 66, 70, 79, 90, 96, 99, 100, 104, 105, 107, 108, 109, 112, 113,
118, 123, 129, 144, 147, 158, 159, 161, 165, and 167, of an act en-
titled "An act incorporating metropolitan cities, and defining,
regulating, and prescribing their duties, powers and government,"
approved March 30, 1887, or as subsequently amended, and to
repeal said sections as heretofore existing.

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

Amending sec. 1, chap. 12a,

1891; sec. 2308,

SECTION 1. That section 1, of an act entitled Comp. Stats., "An act incorporating metropolitan cities, and de- Consol. Stats.,

1891,

Cities of metropolitan class; population.

Amending sec.

2. chap. 12a, Comp. Stats.,

fining, regulating and prescribing their duties, powers and government," approved March 30, 1887, be and the same is hereby amended to read as follows:

Section 1. That all cities in the State of Nebraska now having a population of eighty thousand inhabitants, or more, shall be considered and known as cities of the metropolitan class and shall be governed by the provisions of this act.

SECTION 2. That section 2 of said act be and the 1891; sec. 2309 same is hereby amended to read as follows:

Consol. Stats.,

1891. Governor's

Sec. 2. Whenever any city shall hereafter have proclamation. attained a population of eighty thousand inhabitants, or upwards, and such fact shall have been ascertained by any national or state census, and shall be so certified to the governor by the mayor of such city it shall thereupon be the duty of the governor by public proclamation to declare such city to be of the metropolitan class, and thereupon such city shall be subject to the provisions of this

Amending sec.

10, chap. 12a,

Comp. Stats.,

Consol. Stats.,

1891. Elections;

sation of judges and clerks.

act.

SECTION 3. That section 10 of said act be and 1891; Bec. 2317 the same is hereby amended to read as follows: Sec. 10. At all elections authorized by this act, pells; compen the polls shall be opened at such place in such election district as may be designated by the mayor or as fixed by ordinance, and they shall be kept open between the hours specified by law for general, state and county elections and shall be conducted in accordance with the provisions of such law. At all general elections in cities of the metropolitan class the judges and clerks of such election shall each receive for their entire services at such elections the sum of nine dollars ($9), one-third of

such sum to be paid by the city, one-third to be paid by the county, and one-third to be paid by the board of education. At all special elections in any such city the judges and clerks of such election shall each receive for their entire services at such elections the sum of four dollars ($4), the same to be paid by the city, county or board of education submitting the proposition or propositions to be voted upon at such elections.

SECTION 4. That section 16 of said act be and Amending sec. the same is hereby amended to read as follows:

16, chap. 12a, Comp. Stats., 1891; sec. 2323 Cons. Stats.,

Municipal elec

Sec. 16. The mayor and council shall have 1891. power to provide for the election of city officers tions. and to prescribe the manner of conducting the same, and the returns thereof, and the registration of voters, and for deciding contested elections in any manner not in conflict with existing laws; also to provide for filling such vacancies as may occur Vacancies in in the office of councilman or other elective office of the city; also to provide for removing officers Removal from of the city for misconduct, incompetency or for malfeasance in office.

office.

office.

SECTION 5. That section 30 of said act be and Amending sec. the same is hereby amended to read as follows:

30, chap. 12a, Comp. Stats., 1891; sec. 2337 Consol. Stats.,

Board of

Sec. 30. In each city of the metropolitan class 1891. there shall be a board of health to consist of the health. mayor, who shall be chairman, the commissioner of health, who shall be secretary, and who shall be the city physician of said city, the chief of police, the plumbing inspector and two members of the city council, who are chairmen of committees relating to streets and alleys and sewers, respectively; a majority of said board shall constitute a quorum. Said commissioner of health shall be appointed by

Commissioner

of health; appointment; duties, etc.

Cometh the mayor, subject to the approval of the council. He shall have the qualifications of a physician under the laws of the state. He shall execute and enforce all laws of the state and ordinances of the city relating to matters of health and sanitation and all rules and regulations of the board of health concerning matters within their jurisdiction and control. He shall make reports to the board of health as by them directed of his acts, doings and proceeding as such commissioner and receive and execute the orders, directions and instructions of said board. He shall have charge, control and supervision under said board of health of all sanitary and health affairs of such city, including the removal of dead animals, the sanitary condition of streets, alleys and vacant grounds, of stock-yards, wells, cisterns, privies, water closets, cess-pools and stables; of houses, tenements, manufactories, and all public and private buildings of every sort, and of any and all buildings and places not specified where filth, nuisances or offensive matter is kept or is liable to, or does accumulate; the board of health shall have control and supervision of meats, foods, drinks, and the inspection, condemnation, use, sale and disposition thereof. The board of health shall have power to define, regulate, suppress and prevent the occurrence of nuisances; said board shall also have control of all contagious or infectious diseases, and the care, treatment, regulation and prevention thereof; of all hospitals, dispensaries and places for the treatment of the sick, and of matters relating to births and deaths, and records thereof in said city; also of all cemeteries, or places for the burial of the dead. The jurisdiction of said board of

Powers of board.

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