challenges shall be allowed in the same manner as in similar cases before the justices of the peace.

1 84r SEC. 115. Punishment. Any person convicted before the judge of any offense under the ordinance of the city shall be punished by such fine and imprisonment as may be regulated by ordinance.

1284s SEC. 116. Working Prisoners. Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city under the direction of the mayor, for the term of his imprisonment, and when committed for non-payment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 (one dollar and fifty cents) per day for each day he shall work.

1284t SEC. 117. Vacancy in Office. In case of A Vacancy in the Office of police judge by death, resignation, or otherwise, or in case of the absence, disability, or personal interest of said judge, such fact being shown by affidavit, the mayor shall, on notice thereof, appoint some justice of the peace, holding and exercising the duties of his office, within the corporate limits of such city, to act as police judge during such vacancy, absence, or disability of said police judge.

1284u SEC. 118. Viaducts. Upon a majority vote of the citizens at a regular or special election of any city coming within the provisions of this act The mayor and council shall have power to require any railroad company or companies, owning or operating any railroad track or tracks upon or across any public street or streets of the city, to erect, construct, complete, and keep in repair any viaduct or viaducts, upon or along such street or streets, and over or under such track or tracks, including the approaches to such viaduct or viaducts, as may be deemed and declared by the mayor and council necessary for the safety and protection of the public; Provided, that the approaches to any such viaduct which any railroad company or companies may be required to construct, reconstruct, and keep in repair, shall not exceed for each viaduct a total distance of eight hundred feet. Whenever any such viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public the mayor and council shall provide for appraising, assessing, and determining the damage, if any, which may be caused to any property by reason of the construction of any such viaduct and its approaches. The proceedings for such purposes shall be the same as provided herein for the purpose of determining damages to property owners by reason of the change of grade of a street, and such damage shall be paid by the city, and may be assessed by the city council, against property benefited, and the cost of approaches beyond said distance of eight hundred feet may also be assessed by the council against property benefited by reason of the construction of any such viaducts and its approaches. The width, height, and strength of any such viaduct and the approaches thereto, the material therefor, and the manner of the construction thereof, shall be as required by the board of public works, as may be approved by the mayor and council. When two or more railroad companies own or operate seperate lines of track to be crossed by any such viaduct, the proportion thereof and of the approaches thereto to be constructed by each or the cost to be born by each shall be determined by the mayor and council. After the completion of any such viaducts any revenues derived therefrom by the crossing thereon of street railway lines, or otherwise, shall constitute a special fund and shall be applied in making repairs to such viaduct, or to the approaches thereto, shall be paid out of such fund if any.

1284v SEC. 119. (Unclaimed Personal Property.) That all personal property which may now be or which may hereafter come into the possession and

custody of the chief of police or of the police judge, and which shall remain unclaimed for the period of six months after the passage of this act, or which may remain unclaimed for the period of six months after such property may hereafter come into the possession and custody of such chief of police or such police judge, shall be sold by the chief of police of such city at public auction after giving twenty (20) days notice thereof, by advertisement published three consecutives days in the official newspaper of such city.

1284w SEC. 120. (Council-Ancillary Powers.) When by this act the power is conferred upon the mayor and council to do and perform any act or thing, and the manner of exercising such power is not specially pointed out the mayor and council may provide by ordinance the details necessary for the full exercise of such power.

1284x SEC. 121. Permanent Sidewalk, Agreement with Freeholders. Such city shall have power to provide for the laying of permanent sidewalks, Upon the petition of any freeholder who desires to build such a permanent sidewalk, the Mayor and council may order the same to be built, upon the said freeholder making, executing and delivering, to the said city an agreement to pay for same, and that the cost of same shall until paid be a perpetual lien upon the real estate, along which said freeholder desires said sidewalk to be constructed; and giving and granting to the said city the right to assess and levy the costs of same against said real estate and promising to pay for same with interest. The total cost of the building of the said permanent sidewalk shall be levied at one time upon the property along which said permanent sidewalk is to be built, and become delinquent as herein provided: one-seventh (4) of the total cost shall become delinquent in ten days after such levy, one-seventh (4) in one year, one-seventh (4) in two years, oneseventh (4) in three years, one-seventh (4) in four years, one-seventh (4) in five years, one-seventh (4) in six years. Each of said installments except the first shall draw interest at the rate of not exceeding seven (7) per cent per annum from the time of the levy af said, until the same shall become delinquent, and after the same shal become delinquent interest at the rate of ten (10) per cent per annum shall be paid thereon; as in the case of other special taxes. The council shall pay for the building of said permanent sidewalk out of the general fund. The Mayor and city treasurer are hereby authorized to sell the said agreement together with the lien thereby created, with the said freeholder for not less than the par value of the cost of the building of said permanent sidewalk, together with the amount of interest due thereon, to any person, or corporation, and assign, transfer and deliver, the same, but without recourse upon the said city for any failure of the said freeholder to pay the same, and the amount received from the sale of said agreement, shall be paid into the city treasurer and credited to the general fund. The said special tax and assignment against said lot, lots, or land for the cost of building said permanent sidewalk shall be paid to the city treasurer, but after the sale of said agreement, and the city having been reimbursed for the outlay in paying for the cost of said permanent sidewalk, the amount paid by the said freeholder shall by the city treasurer be paid over to the owner of said agreement, and the money not converted into the city treasury. And the Mayor and Council may pass an ordinance to carry into effect the provisions of this section.

1284y SEC. 122. That all ordinances, By-laws, Acts, regulations, rules, and proclamations existing and in force in any city at the time of the incorporation of such city under this Act, shall be and remain in full force and effect after such incorporation, until the same are repealed or modified by such city.

1284Z SEC. 123. Repealing Acts. That section one (1) to one hundred and

sixteen (116) inclusive of Article two (2) of chapter 13a and section one (1) to one hundred (100) inclusive of Article two (2) of chapter fourteen (14) of the compiled statutes of the State of Nebraska of the year 1899, and all acts and parts of acts that are in conflict or inconsistent with the provisions of this Act, be, and they are hereby repealed.

CHAPTER 14.-CITIES OF THE SECOND CLASS AND VILLAGES. ARTICLE I.-LESS THAN 5,000 INHABITANTS.*.

1285 SECTION 1. [Inhabitants required.] All cities, towns, and villages containing more than one thousand and less than twenty-five thousand inhabitants shall be cities of the second class and be governed by the provisions of this chapter, unless they shall adopt a village government as hereinafter provided. Provided, That all cities in this state, organized under the provisions of "An act to provide for the organization, government, and powers of cities of the second class having more than ten thousand inhabitants," approved March 1st, 1883, or any act amendatory thereof, shall not be affected by the provisions of this act. [1879, 193. Amended 1885, chap. 16.]

1286 SEC. 2. [Wards.] Each city of the second class shall be divided into not less than two nor more than six wards, as may be provided by ordinance of the city council thereof, and each ward shall contain, as nearly as practicable, an equal number of legal voters, and an area as equal to each other as practicable.

1287 SEC. 3. [Council.] The council of each city of the second class shall consist of not less than four nor more than twelve citizens of said city, who shall be qualified electors and taxpayers under the constitution and laws of the state of Nebraska.

1288 SEC. 4. [Councilmen.] Each ward in each city shall have at least two councilmen, who shall be chosen by the qualified electors of their respective wards, and who shall serve for two years and until their successors shall be elected and qualified; and no person shall be eligible to the office of councilman who is not at the time of his election an actual resident of the ward for which he is elected, and a qualified elector under the constitution and laws of the state. of Nebraska; and if any councilman shall remove from the ward for which he is elected, his office as a councilman shall thereby become vacated; Provided, At the first general city election under this chapter, there shall be two councilmen

*ARTICLE I. "An act to provide for the organization, government, and powers of cities and villages," passed March 1, 1879, and taking effect September 1, 1879. (Laws, pp. 193-237.) Also other acts specified in foot-notes to respective sections. The et is constitutional. 10 Neb. 206. Nor does it repeal ordinances existing at the time of its passage. 10 Neb., 538. Law need not be accepted by municipalities to make it operative upon them. 19 Neb., 251. 25 Id., 710. Duty of trustees of villages to divide village into two wards, etc., when population exceeds one thousand; procedure where city desires to become a village. 19 Neb., 251. The act of 1883, which appeared as art. II of this chapter, examined, and held to be an independent act for the government of cities having over five thousand inhabitants, and not to amend this article. 23 Neb., 423. In increasing number of wards as provided in section four, concurring vote of a majority of councilmen elected is necessary. 23 Neb., Legal organization ad acts of councilman de facto will be upheld. 23 Neb., 370. Where village attains a sufficient population it becomes a city ipso facto, with authority to act by president and trustees until mayor and council are elected. 25 Neb., 712.

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DECISIONS RELATIVE TO MUNICIPAL CORPORATIONS GENERALLY.-Contracts. 3 Neb., 408. 7 Id., 279. 9 Id., 60, 347. 15 Id., 334, 413. Ordinances. 4 Neb., 104. 7 Id., 379. 14 Id., 31. 23 Id., 369. "Resolution" is not an “ordinance." 9 Neb., 365. Power of council at adjourned session. 14 Neb., 29. Presumption that mayor was present at meetings of council. 23 Neb., 381. Excavation in street; adjoining lot owner held liable for amount of judg ment recovered against a city on account of injuries sustained by third party. 5 Neb, 144. Temporary obstructions in streets necessary for building on adjoining lot are not nuisance. 14 Neb., 267. But city has no power to grant authority to permanently obstruct a street without compensation to abutting lot owners who suffer special dam. ages by such obstruction. 15 Neb.. 282. 16 Id., 119. Obstructing alley; failure to show existence of alley; injunc tion does not lie. 25 Neb., 687. Grading and improving streets. 4 Neb., 336. 6 Id., 32. Corporation liable for damages by filling in front of lot. 17 Neb., 551. Special assessment; notice must be given to property owner 16 Neb. 270. Injunction against special assessment for want of notice; owner must do equity by paying amount which his property is benefited. Id., 270. Rule of damages where property is taken for use of city. 23 Neb., 331. Liability for defective sidewalks, streets, etc. 11 Neb., 257. 15 Id, 658. 18 id., 119, 251. 19 Id., 259, 383. 20 Id., 39, 230, 293. Dedication of alley by owner of adjoining lands, not platted. 15 Neb., 677. Fee of streets is in public, in trust for public use. 15 Neb., 281. Fee of streets of cities and villages, is in the corporation. 16 Neb., 119. A decision of the court that lots in a city have no legal existence because no plat or map of the city was ever filed and recorded, such lots having been, in fact, laid out for more than twenty-five years, and taxed as such, held. contrary to public policy. 16 Neb., 218. Intention of propetor in platting lots and streets is indicated by visible monuments placed at corners, etc., and in case of variance between plat and survey, actual lines run on ground will control. 16 Neb., 249. Property adjacent to street, held, to be a part of the street in case stated. 25 Neb., 137. Cities may impose occupation tax upon liquor dealers in addition to tax for license to sell; payment of such tax, however, cannot be made condition precedent to issuing of license to sell intoxicating liquor. 19 Neb.. 207. Municipal corporation not liable to garnishment. 2 Neb., 167. 12 Id., 617. no salary is fixed, an ordinance passed afterwards fixing salary is good. test legal existence of city is quo warranto, not injunction. 49 Id., 340.

Where at time of election of office s 19 Neb., 443. 20 Id., 161. Remedy to

elected from each ward; the one receiving the greatest number of votes shall serve for two years, and the one receiving the next highest number of votes shall serve for one year, and one councilman for each ward at each annual election thereafter. Whenever there shall be a tie in the election of councilmen, it shall be determined by lot by judges of election of the ward in which it shall happen.

1289 SEC. 5. [Meetings.] Regular meetings of the city council shall be held at such times as the council may provide by ordinance.

1290 SEC. 6. [Officers.] At the time of holding the general city election in each year, there shall be elected a mayor, a clerk, a treasurer, a city engineer, and the councilmen hereinbefore provided for, and a police judge shall be elected at each biennial city election; and the mayor, with the consent of the council, may appoint a city attorney and an overseer of streets, who shall hold their offices for one year unless sooner removed by the mayor with the advice and consent of the council. The mayor, by and with the consent of the council, shall appoint such a number of regular policemen as may be necessary, and may also appoint special policemen from time to time as exigencies arise. All police officers appointed by the mayor and council, in accordance herewith, shall be removable at any time by the mayor. [Amended and took effect March 2, 1881.]

1291 SEC. 7. [Same-Salaries.] The salaries of all officers of the city shall be fixed by ordinance, not exceeding the following amounts respectively: Clerk, three hundred ($300) dollars per year; treasurer, three hundred ($300) dollars per year; city engineer, four dollars ($4.00) per day for actual services, but not exceeding three hundred ($300) dollars per year; overseers of streets, two [dollars] ($2.00) per day for actual services, but not exceeding three hundred dollars ($300) per year; city attorney, two hundred and fifty dollars ($250) per year; chief of police, sixty-five dollars ($65) per month, which shall include his compensation as overseer of streets; policemen, fifty-five dollars ($55) per month; mayor, two hundred dollars ($200) per year, and councilmen, each the sum of fifty dollars ($50) per year. All other officers and employees of the city shall receive such compensation the mayor and council may fix at the time of their appointment or employment. [Amended and took effect March 2, 1881.]

as

1292 SEC. 8. [Fees of police judge.] The police judge shall receive the same fees as justices of the peace for similar services.

1293 SEC. 9. [Qualifications] All officers shall be qualified electors and taxpayers and reside within the limits of the city.

1294 SEC. 10. [Duties of mayor.] The mayor shall preside at all meetings of the city council, and shall have a casting vote when the council is equally divided, and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and of this chapter are complied with.

1295 SEC. 11. [Veto Power.] The mayor shall have power to veto or sign any ordinance passed by the city council; Provided, That any ordinance vetoed by the mayor may be passed over his veto by a vote of two thirds of the members of the council elected, notwithstanding the veto, and should the mayor neglect or refuse to sign any ordinance, and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become a law without his signature.

1296 Sec. 12. [Mayor's message.] He shall, from time to time, communicate to the city council such information, and recommend such measures as, in his

SEC. 8. City not liable for fees of police judge. 15 Neb., 87.

Sec. Son of alien who had declared intentions not an elector 53 Neb., 220.

SEC. 10. Provisions of this section do not, apply to passage of ordinances. 23 Neb., 369. General executive duties of mayor. 27 Neb.. 441. SEC. 12. Communications privileged if made in good faith. 26 Neb., 449.