SEC. 41 [Board of trustees.]-The corporate powers and duties of every village shall be vested in the board of trustees, to consist of five members.

SEC. 42. [Qualifications of trustees.]-Any person may be a trustee who shall have attained the age of twenty-one years, and shall be a male citizen of the United States, or declared his intention to become such, who shall have been an inhabitant and tax-payer of the village at the time of his election, and resided therein for three months next preceding; and every trustee so elected shall hold his office for the term of one year, and until a successor is elected and qualified. SEC. 43. [Oath of office.]-Every trustee, before entering upon the duties of his office, shall take an oath to support the constitution of the United States, and the constitution of the state of Nebraska, and faithfully and impartially to discharge the duties of his office; and every board of trustees shall assemble within twenty days after their appointment or election, and choose a chairman from their number. The board of trustees shall by ordinance fix the time and place of holding their stated meetings, and may be convened at any time by their chairman.

SEC. 44. [Quorum.]-At all meetings of the board a majority of the trustees shall constitute a quorum to do business; a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the board of trustees by ordinance may have previously prescribed.

SEC. 45. [Journal.]-The board of trustees shall keep a journal of their proceedings, and at the desire of any member shall cause the yeas and nays to be taken and entered on the journal, on any question or ordinance, and the proceedings shall be public.

SEC. 46. [General powers.]-Such board of trustees shall have power to pass by-laws and ordinances to prevent and remove nuisances, to prevent, restrain, and suppress bawdy houses, gambling houses, and other disorderly houses within the limits of such village; to restrain and prohibit gambling; to provide for licensing and regulating theatrical and other amusements within such village; to establish night watches; to provide pest houses; to prevent the introduction and spread of contagious diseases; to establish and regulate markets; to erect and repair bridges; to erect, repair, and regulate wharves, and the rates of wharfage; to regulate the landing of steamboats, rafts, and other water craft; to provide for the inspection of lumber, building materials and provisions to be used or offered for sale in such village, or to be exported therefrom; to require and regulate the planting and protection of shade trees in the streets, and the building of stairways, railways, doorways, awnings, hitching posts and rails, lamp posts, awning posts, and all other structures projecting upon or over and adjoining, and all other excavations through and under the sidewalks of such village; and in addition to the special powers herein conferred and granted, maintaining the peace, good government and welfare of the town or village, and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting penalties upon inhabitants, or other persons, for the violation thereof, not exceeding one hundred dollars for any one offense, recoverable, with costs, together with judgment of imprisonment until the amount of said judgment and costs shall be paid.

SEC. 47. [Officers.]-Such village board of trustees may appoint a village clerk, treasurer, attorney, overseer of the streets, and marshal, who shall hold their offices for one year, unless sooner removed by the president of the board, with the advice and consent of the trustees. [Amended 1885, chap. 18.]

SEC. 48. [Salaries.-The trustees shall receive no compensation. The compensation of the other officers shall be fixed by ordinance, but not to exceed the following sums, respectively, in one year: The clerk one hundred and fifty (150) dollars per year. The treasurer one hundred and fifty (150) dollars per year. The attorney one hundred and fifty (150) dollars per year. The marshal twenty-five (25) dollars per month, and not to exceed three hundred (300) dollars per year. The overseer of the streets shall receive two (2) dollars per day, for services actually rendered, and shall not receive to exceed three hundred (300) dollars per year. [Amended 1885, chap. 18]

SEC. 49. [By-laws and ordinances.]--The chairman of such board of trustees shall cause to be printed and published the by-laws and ordinances of the board, for the information of the inhabitants, and cause the same to be carried into effect, and in case of the absence of the chairman of the board from any meeting of the board of trustees, such board shall have power to appoint a chairman, pro tempore, who shall, for the time being, exercise and have the powers, and perform the same duty, as the regular chairman.

SEC. 50. [Notice of election.]-The board of trustees shall give public notice of the time and place of holding each election; said notice to be given not less than ten nor more than twenty days previous to the election.

SEC. 51. [Vacancies.]—If, on any day appointed for holding any election under the provisions of this chapter, any of the judges or clerks of election shall fail to attend, the electors present may fill such vacancies from among the qualified electors present.

SEC. 52. Jurisdiction of justices of the peace.]-In counties not under township organization justices of the peace of any precinct in which any village or any part thereof may be situated, and in counties under township organization, justices of the peace elected in said village, or from the township in which any village or any part thereof may be situated, shall have jurisdiction to hear, try and determine all offenses against the general ordinances of such village, and for that purpose may issue warrants for the arrest of any alleged offender, upon information under oath as in other cases; and upon the arrest of the defendant by the sheriff or any constable of the county, or marshal of such village, shall proceed thereon in all respects in the same manner and with the same powers as against persons charged with a misdemeanor under the general laws of the state; and the justice by or before whom such proceedings shall be had, and the officer making such arrest, shall be entitled to the same fees and costs, and be collected in the same manner as in cases of prosecutions for misdemeanors under the laws of the state. [1885, chap. 18.]

ADOPTION OF VILLAGE GOVERNMENT.

SEC. 53. [Change from city to village government.]-Whenever any city of the second class, containing more than fifteen hundred inhabitants, desires to discontinue its organization as a city, and organize as a village, and one-fourth of the legal voters of such city shall petition the city council, the council shall cause to be published, for at least thirty days, a notice stating that the question of adopting village government will be submitted at the next annual city election. The form of the ballot shall be "For organization as a village," and "Against organization as a village ;" and at the same election the qualified voters shall also vote for five trustees for the village. If a majority of the votes cast are "For organization as a village," then such city shall within 60 days after such election be and become a village, and be governed under the provisions of the law relating to villages, unless it shall at some future annual election adopt a city government, in the manner provided herein for its adoption of village government.

SEC. 54. [Duties of trustees.]-If village government shall have been adopted as aforesaid, the board of trustees shall at the expiration of sixty days from said election enter upon the duties of their offices, and all books, papers, records, money and property of such city shall be delivered over to the board of trustees, and the authority of the city council and all city officers shall cease from and after the taking effect of village government in such city.

SEC. 55. [Ordinances to remain in force.]-All ordinances of the city shall remain and be in full force in the village, until amended or repealed by the board of trustees, and the board shall provide for the payment of the city indebtedness and levy necessary taxes therefor, as if the same had been incurred by the village.

GENERAL PROVISIONS.

1

SEC. 56. [Corporate powers.]-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, That 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.

Sec. 57. [Corporate name.]-The corporate name of each city or village governed by this chapter shall be the "city (or village) of

and all and every process and notice whatever affecting such corporation, shall be served upon the mayor or chairman of board of trustees, and in his absence, upon the clerk, or in the absence of such officers, then by leaving a certified copy at the office of the clerk.

SEC. 58. [Rights and privileges preserved.]-All rights and privileges which have accrued to any city, town or village held by any officer of such corporation, under or by virtue of any act of the legislature of the territory or state of Nebraska, or any act of the congress of the United States, before the taking effect of this chapter, are hereby preserved to such cities, towns or villages, and all of its said trusts, rights and privileges, shall be transmitted to and be vested in such latter corporation, and all actions heretofore commenced by or against any city or town which shall be or become a city or village under the provisions of this chapter, shall be in no manner affected by this act, but all such actions shall be continued to final judgment and satisfaction as if this chapter had not been passed.

SEC. 59. [Ordinances.]-The style of all ordinances shall be:-"Be it ordained by the mayor and council of the city of or "the chairman and board of trustees of the village of " And all ordinances of a general nature shall, before they take effect, be published within one month after they are passed in some newspaper published in said city or village, but if no paper be published in said city or village, then by posting up, one in each of three public places in said city or village, a written or printed copy thereof, or by publishing the same in book or pamphlet form; Provided, however, That in case of riot, infectious or contagious diseases, or other impending danger, requiring its immediate operation, such ordinance shall take effect upon the proclamation of the mayor or chairman of the board of trustees, posted in at least three of the most public places in the city or village. The passage, approval and publication, or posting of said ordinances, shall be sufficiently proved by a certificate under seal of the city or village from the clerk thereof, showing that such ordinance was passed and approved, and when and in what paper the same was published, or when and by whom, and where the same was posted up. And when ordinances are printed in book or pamphlet form purporting to be published by authority of the board of trustees or city council, the same need not [be] otherwise published, and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances as of the dates mentioned in such book or pamphlet in all courts, without further proof. [Amended and took effect Mar. 2, 1881.]

SEC. 60. [Election.]-On the first Tuesday of April of each year, an election shall be held in each city and village governed by this chapter, for officers as in this chapter provided, all of which officers (except councilmen) shall be elected and hold their respective offices for the term of one year, and until their successors are elected and qualified; at which election the qualified voters of each city may cast their ballots between the hours of nine o'clock A.M. and seven o'clock P.M. SEC. 61. [Qualification of electors.]-All qualified electors of this state, who shall have resided within the limits of any city of the second class or village for three months preceding any election therein, shall be entitled to vote at all city and village elections.

SEC. 62. [Certificates of election.]-Certificates of election for all officers of cities and villages shall be made out under the corporate seal by the city council or board of trustees, at their first meeting after any election of such officers.

SEC. 63. [Duties of clerk.]-The city or village clerk shall have the custody of all laws and ordinances, and shall keep a correct journal of the proceedings of the council or board of trustees; he shall also keep a record of all out

standing bonds against the city or village, showing the number and amount of each, for and to whom the said bonds were issued, and when any bonds are purchased, or paid, or cancelled, said record shall show the fact, and in his annual report he shall describe particularly the bonds issued and sold during the year, and the terms of sale, with each and every item of expense thereof; he shall also perform such other duties as may be required by the ordinances of the city.

SEC. 64. [Duties of treasurer. The treasurer of each city and village shall be the custodian of all money belonging to the corporation; he shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he shall give every person paying money into the treasury a receipt therefor specifying the date of payment, and on what account paid; he shall also file copies of such receipts with his monthly reports; he shall, at the end of each and every month, and as often as may be required, render an account to the city council or board of trustees, under oath, showing the state of the treasury at the date of such account, and the balance of money in the treasury; he shall also accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him; which said warrants, with any and all vouchers held by him, shall be filed with his said account in the clerk's office; and if said treasurer neglect or fail, for the space of ten days from the end of each and every month, to render his said account, his office shall be declared vacant, and the city council or board of trustees shall fill the vacancy by appointment until the next election for city or village officers.

SEC. 65. [Depositing money.]-The treasurer may be required to keep all money in his hands belonging to the corporation, in such place or places of deposit as may be provided by ordinances, but no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer, and deposited elsewhere than in some regularly organized bank, nor without a bond to be taken from such bank, in such penal sum and with such security as the council or board of trustees shall direct and approve, sufficient to save the corporation from any loss; but such penal sum shall not be less than the estimated receipts for the current year from taxes and special assessments levied and to be levied by the corporation.

SEC. 66. [Warrants.]-All warrants drawn upon the treasurer must be signed by the mayor or chairman, and countersigned by the clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and for what particular object; no money shall be otherwise paid than upon such warrants so drawn. Each warrant shall specify the amount levied and appropriated to the fund upon which it is drawn, and the amount already expended of such fund.

SEC. 67. [Attorney.]-The city or village attorney shall be the legal adviser of the council or board of trustees. He shall commence, prosecute and defend all suits and actions necessary to be commenced, prosecuted or defended on behalf of the corporation, or that may be ordered by the council or board of trustees; and when requested, shal! attend meetings of the council or board and give them his opinion upon any matter submitted to him either orally or in writing, as may be required.

SEC. 67 a. [Marshal.]-The marshal shall be chief of police, and shall at all times have power to make, or order, an arrest with proper process, for any offense against the laws of the state or ordinances of the village, and bring the offender for trial before the proper officer of the village, and to arrest without process in all cases where any such offense shall be committed or attempted to be committed in his presence. [1885, chap. 18.]

SEC. 67 b. [Overseer of streets.]-The overseer of streets shall, subject to the order of the board of such village, have general charge, direction and control of all work on streets, sidewalks, culverts, and bridges, of the village, and shall perform such other duties as the board may direct. [Id.]

SEC. 66. Warrants legally issued were exchanged for illegal funding bonds. Held, the holder could recover the value of the warrants. 10 Neb. 401.

.SEC. 68. [Contracts.]-No officer of any city or village shall be interested, directly or indirectly, in any contract to which the corporation or any one for its benefit is a party; and any such interest in any such contract shall avoid the obligation thereof, on the part of such corporation; nor shall any officer receive any pay or perquisites from the city other than his salary as fixed by ordinance and this chapter: and neither the city council or board of trustees shall pay or appropriate any money or other valuable thing to any person not an officer, for the performance of any act, service or duty, the doing or performance of which shall come within the proper scope of the duties of any officer of such corporation.

SEC. 69. [Additional powers.]-In addition to the powers herein before granted cities and villages under the provisions of this chapter, each city and village may enact ordinances or by-laws for the following purposes:

I. [Taxes.]-To levy taxes for general revenue purposes, not to exceed ten mills on the dollar in any one year on all property within the limits of said cities and villages, taxable according to the laws of the state of Nebraska, the valuation of such property to be ascertained from the books or assessment rolls of the assessors of the proper precinct or township.*

II. [Same.]-To levy any other tax or special assessment authorized by law.

III. [Streets and sidewalks.]-To provide for the grading and repairs of any street, avenue, or alley, and the construction of bridges, culverts and sewers, and shall defray expenses of the same out of the general funds of such city or village, not exceeding two mills of the levy for general purposes, but no street shall be graded except the same be ordered to be done by the affirmative vote of twothirds of the city council or trustees.

IV. [Same.]-To construct sidewalks, to curb, pave, gravel, macadamize and gutter any highway or alley therein, and to levy a special tax on the lots and parcels of land fronting on such highway or alley, to pay the expenses of such improvement. But unless a majority of the resident owners of the property, subject to the assessment of such improvement, 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 trustees shall by vote assent to the making of the

same.

V. [Same.]-To repair sidewalks, and to assess the expense thereof on the property in front of which such repairs are made.

VI. [Same.]-To provide for the laying of temporary plank sidewalks upon the natural surface of the ground, without regard to grade, on streets not permanently improved, at a cost not exceeding fifty cents a lineal foot, and to provide for the assessment of the cost thereof on the property in front of which the same shall be levied.

VII. [Assessments.]-Assessments made under the provisions of the last three preceding subdivisions of this section shall be made and assessed in the following manner: First, Such assessments shall be made by the council or board of trustees at a special meeting, by a resolution fixing the valuation of such lot assessed, taking into account the benefits derived or injuries sustained in consequence of such contemplated improvements, and the amounts charged against the same, which with the vote thereon by yeas and nays, shall be spread at length upon the minutes. Notice of the time of holding such meeting, and the purpose for which it is to be held, shall be published in some newspaper published or of general circulation in said city or village, at least four weeks before the same shall be held, or in lieu thereof, personal service may be had upon persons owning or oc

*The first subdivision of this section was amended by act passed and taking effect March 5,1885. The amendment given above to the entire section, was passed subsequently, and taking effect June 5, 1885, repeals the amendment to first subdivision by implication, and it is accordingly omitted from this volume. If in effect at all it would only be so from date of its passage, March 5,1885, to June 5, 1885, when the amendment to the entire section took effect.