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of Public Accounts is hereby authorized and directed to draw his warrants for the amount so certified upon the general fund of the state.

SEC. 3. [Emergency.] Whereas an emergency exists this act shall take effect and be in force from and after its passage and approval.

Approved January 24, 1913.

CHAPTER 2.

(House Roll No. 9.)

[Introduced by Mr. Potts.]

AN ACT to provide for the payment of members, officers and employees of the Thirty-third Session of the Legislature of the State of Nebraska.

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

SECTION 1. [Appropriation, legislative members, officers, employes.] That there be and hereby is appropriated, out of any money in the general fund of the Treasury not otherwise appropriated, the sum of $120,000.00 (One Hundred and Twenty Thousand Dollars) or as much thereof as may be necessary for the payment of members, officers and employees of the 33rd session of the Legislature.

SEC. 2. [Same, how paid.] That the auditor of public accounts is hereby authorized and required, upon presentation of the certificate of the Lieut. Governor or Speaker of the House of Representatives, stating that the party mentioned in said certificate is entitled to compensation as per diem and mileage to the amount allowed by law, to draw his warrant on the general fund for the amount so certified as due; Provided, that said amount so certified shall, after examination and adjustment by the auditor of public accounts and approved by the Secretary of State be found correct.

SEC. 3. [Emergency.] Whereas an emergency exists this act shall take effect and be in force from and after its passage and approval.

Approved January 24, 1913.

CHAPTER 3.

(House Roll No. 1.)

[Introduced by Messrs. Hardin and Norton.]

AN ACT to approve, adopt and make of force the General Laws, the Code of Civil Procedure, and the Code of Criminal Procedure of the State of Nebraska, as compiled and reported by A. M. Post, J. H. Broady and E. L. King, pursuant to the authority of Chapter 166 of the laws of 1911, and declaring and emergency.

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

SECTION 1. [Revised statutes, adoption.] That the Code of Laws embodying the General Statutes, the Code of Civil Procedure and the Code of Criminal Procedure of the State of Nebraska, as prepared and reported to the Thirtythird General Assembly of the Legislature of Nebraska by A. M. Post, J. H. Broady, and E. L. King, pursuant to the authority of Chapter 166 of the Laws of 1911, be, and the same is hereby adopted, approved and made of force as the Revised Statutes of the State of Nebraska of 1913.

SEC. 2. [Emergency.] Whereas an emergency exists this act shall be of force and take effect from and after its passage and approval.

Approved February 14, 1913.

CHAPTER 4.

(House Roll No. 353.)

[Introduced by Mr. Regan.]

AN ACT to appropriate fifty thousand ($50,000) dollars for the maintenance of the state penitentiary at Lancaster, Nebraska, until the end of the fiscal year ending March 31, 1913, and to declare an emergency.

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

SECTION 1. [Appropriation, penitentiary, deficiency.] That there is hereby appropriated, out of any money in the general fund of the state treasury not otherwise appropriated, the sum of fifty thousand ($50,000) dollars, or so much thereof as may be necessary, for the maintenance of the state penitentiary at Lancaster, Nebraska, until the end of the fiscal year ending March 31, 1913.

SEC. 2. [Emergency.] [Emergency.] Whereas an emergency exists, this act shall take effect and be in force from and after its passage and approval.

Approved February 26, 1913.

CHAPTER 5.

(House Roll No. 152.)

[Introduced by Mr. Jeary.]

AN ACT to amend Section 21, 39, 76, 97 and Subdivision XLV of Section 129 of Chapter 13, Article I of the Compiled Statutes of Nebraska, for the Year 1911, and Sections 7920, 7938, 7975, 7996 and 8073 of Cobbey's Annotated Statutes entitled, "An act to incorporate cities of the first class having a population of more than 40,000 and less than 100,000 inhabitants, to define, regulate and prescribe their organizations, duties, liabilities, powers and government, and to repeal Art. I of Chap. 13 a, Compiled Statutes of 1889," and to repeal the sections so amended, and to provide for an emergency.

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

SECTION 1. [Amendment.] That Section 21 of Chapter 13, Article I of the Compiled Statutes of Nebraska for 1911, and Section 7920 of Cobbey's Annotated Statutes for 1911, referred to in the title hereof, be and the same is hereby amended to read as follows:

SEC. 21. SEC. 7920. [Cities, 40,000-100,000, salaries.] The council shall have power by ordinance to fix the salaries of the officers and employes of the city and provide by ordinance for the forfeiting of the salary of any officer, or employe.

SEC. 2. [Amendment.] That Section 39 of Chapter 13, Article I of the Compiled Statutes of Nebraska for 1911, and Section 7938 of Cobbey's Annotated Statutes for 1911, referred to in the title hereof, be and the same is hereby amended to read as follows:

SEC. 39. SEC. 7938. [Engineer; improvements, estimates, costs.] The city engineer shall make estimates of the cost of labor and material which may be done or furnished under contract with the city, or done by days' work for the city, and make all surveys, estimates and calculations necessary

to be made for the establishment of grades, building of culverts, sewers, or sewer extensions, water works or water works extensions, bridges, curbing and gutters, and the improvement of streets and erection and repair of buildings and perform such other duties as the council may require. Before the council shall authorize by days' work, or enter into any contract for building water works or water works extension, or any part thereof, or any sewers, or sewer extensions, bridges, or work on the streets, or for the construction of any electric light plant, or gas works, or any work or improvement to cost over two hundred dollars, he shall make and submit to the council an estimate of the total cost thereof, together with the detailed plans and specifications, and if approved by the council such plans and specifications shall be returned to the city engineer and kept subject to public inspection, and the work or improvement shall be done substantially in accordance therewith, and no contract shall be entered into for any work or improvement for a price exceeding such estimate, and the council shall, except in cases of an emergency, advertise for bids for such work and shall cause the amount of such estimate to be published therein. Such advertisement shall be published in some daily newspaper of general circulation in the city for at least ten days.

SEC. 3. [Amendment.] That Section 76 of Chapter 13, Article I of the Compiled Statutes of Nebraska for 1911, and Section 7975 of Cobbey's Annotated Statutes for 1911, referred to in the title hereof, be and the same is hereby amended to read as follows:

SEC. 76. SEC. 7975. [Taxes, levy, amount.] The council shall have power to levy in any one year a tax not to exceed three hundred sixty-five thousand dollars on all taxable property, real and personal, within the city not exempt from taxation by the constitution and laws of the State. Provided, however, that the city council shall have power to levy and collect taxes in addition to the tax herein authorized to be levied and collected, a sufficient sum to pay any judgment existing against the city and to pay the principal on the bonded debt maturing during the ensuing fiscal year or within six months of the coming fiscal year, and the council shall by

ordinance apportion the above taxes to the different departments of the city. And provided further, the council shall have the power to assess, levy and collect a poll tax, not to exceed Three Dollars upon every male inhabitant of said city between the ages of twenty-one and fifty years, sane and not a public charge as a pauper, or not a member of the police or fire department. The council shall also have the power to assess, levy, and collect a special tax on all dogs in the city, and the fund so arising shall be paid to the city treasurer and expended as the council may direct. Road taxes collected from property in the city shall be paid to the city treasurer, and expended as the council may direct. Provided further, the council shall have the power to levy and collect a tax not to exceed five mills in addition to the tax herein before authorized for the purpose of purchasing, holding and improving public grounds and parks, park extensions and improvements, and University campus extension.

SEC. 4. [Amendment.] That Section 97 of Chapter 13, Article I of the Compiled Statutes of Nebraska for 1911, and Section 7996 of Cobbey's Annotated Statutes for 1911, referred to in the title hereof, be and the same is hereby amended to read as follows:

SEC. 97. SEC. 7996. [Street improvements, assessments, bonds.] The council may grade, partially, or to an established grade, curb, gutter or otherwise improve or repair any street, public way or part thereof, including the sidewalk space, at public cost or by a levy of special assessments on the property specially benefited, thereby proportionate to benefits; but grading to an established grade, curbing or guttering shall be done only on petition of the owners of the majority of the abutting property. When the street or public way shall have been brought to an established grade the council shall have power and authority to bring the sidewalk of the abutting property to grade, and shall have the power and authority thereupon to levy special assessments against the property benefited on account thereof, not to exceed however the cost of the improvement. Ordinary repairs, not including, however, repaving shall be at public cost. The council may pave, repave or macadamize any street or public way or part thereof,

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