torn down or removed, and to prescribe the manner of ascertaining such damage and to assess the cost of removal of any building erected or existing contrary to such regulations or provisions, against the lot or real estate upon which such building or structure is located or shall be erected, or such cost may be collected from the owner of any such building or structure, and be enforced by civil action in any court of competent jurisdiction [Amended 1889, chap. 13.1

SEC. 37. [Party walls-Fire protection-Building material.]—– The mayor and council shall have power to regulate the construction, use and maintenance of party walls, and to prescribe and regulate the thickness, strength and manner of constructing stone, brick, wood or other buildings, the size and shape of brick and other material placed therein and to prescribe and regulate the construction and arrangement of fire escapes and placing of iron or metallic shutters and doors therein and thereon, and to provide for the inspection of elevators, and for the protection of elevator and hoistway openings to avoid accident; to prescribe, regulate and provide for the inspection of all plumbing, pipe fitting or sewer connectings in all houses or buildings now or hereafter erected; to regulate the size, number and manner of construction of halls, doors, stairways, seats, aisles and passageways of theatres, tenement houses, audience rooms, and all buildings of a public character, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fire; to prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers and heating appliances, used in or about any buildings or manufactory, and to cause same to be removed or placed in safe condition when same are considered dangerous; to regulate and prevent the carrying on of manufactures dangerous in causing and promoting fires; to prevent the deposit of ashes in unsafe places, and to cause all buildings and enclosures as may be in a dangerous state to be put in a safe condition to prevent the disposing of and delivery or use in any building or other structure. of soft, shelly and imperfectly burned brick or other unsuitable building material within the city limits, and providing for the inspection of the same; to provide for the abatement of dense volumes of smoke; to regulate the construction of areaways, stairways and vaults; and to regulate partition fences. [Amended 1891, chap. 7.]

SEC. 38. [Preservation of streets.]-The mayor and council shall have power to regulate the transportation of articles through the streets, and to prevent inju ries to the streets from overloaded vehicles, and to prescribe the width of tires for wagons used on paved streets.

SEC. 39. [Street amusements.]-The mayor and council shall have power to prevent or regulate the rolling of hoops, playing of ball, flying of kites, the riding of bicycles or tricyles, or any other amusement or practice having a tendency to annoy persons passing in the street or on the sidewalks, or to frighten teams or horses.

SEC. 40. [Sidewalks.]-The mayor and council shall have power to provide for keeping sidewalks clean and free from obstructions and accumulations, and may provide for the assessment and collection of taxes on real estate, and for the sale and conveyance thereof, to pay the expenses of keeping the sidewalk adjacent to such real estate clean and free from obstructions and accumulations as herein vided.

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SEC. 41. [Weights and measures-Produce.]-The mayor and council shall have power to regulate the weighing and measuring of hay, wood, and other arti cles exposed for sale, and of all coal sold or delivered within the city, and to provide for and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables, and all other provisions or articles of food exposed or offered for sale in the city, and to prescribe the weight and quality of bread exposed or offered for sale in the loaf.

SEC. 42. [Explosives.]-The mayor and council shall have power to regulate or prohibit the transportation and keeping of gunpowder, oils, and other combustible and explosive articles.

SEC. 43. [Street auctions.]-The mayor and council shall have power to reg ulate, license, or prohibit the sale of domestic animals, or of goods, wares, and merchandise

at public auction on the streets, alleys, highways, or any public grounds within the city.

SEC. 44. [Cemeteries.]-The mayor and council shall have power to prohibit the establishment of additional cemeteries within the limits of the city, and, and to regulate the registration of births and deaths, to direct the keeping and returning of bills of mortality, and impose penalties on physicians, sextons, and others for any default in the premises.

SEC. 45. [Railways-Depots-Tracks.]-The mayor and council shall have power to regulate levees, depots, depot grounds, and places for storing freights and goods, and to provide for and regulate the laying of tracks and the passage of steam, cable, horse, or other railways through the streets, alleys, and public grounds of the city.

SEC. 46. [Same-Running.]—The mayor and council shall have power to regulate the crossings of railway tracks, to regulate the running of railway engines, cars, and trucks within the limits of the city, and to make other and further rules and restrictions to prevent accidents at crossings and or the tracks of railroads, and to prevent fires from engines; also to regulate and prescribe the time and manner of running street cars within the city, and to require the heating and cleaning of such cars, and to fix and determine the fare to be charged.

SEC. 47. [Same-Lighting.]-The mayor and council shall have power to require the lighting of any railway within the city, the cars of which are propelled by steam, in such manner as they shall prescribe, and may fix and determine the number, size, and style of the lamp posts, burners, lamps, and all other fixtures and apparatus necessary for such lighting, and the points of location for such lamp posts, and in case the company owning or operating such railways shall fail to comply with such requirement, the council may cause the same to be done, and may assess the expense thereof against such company, and the same shall constitute a lien upon any real estate belonging to such company and lying within such city, and may be collected in the same manner as taxes for general purposes.

SEC. 48. [Same-Viaducts.]-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, re-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 of 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, re-construct, 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 neces sary for the safety and protection of the public, the mayor and council shall provide for appraising, assessing, and determining the damages, if any, which may be caused to any property by reason of the construction of such viaduct and its approaches. The proceedings for such purpose 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 damages 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 viaduct 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 separate 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 borne by each, shall be determined by the mayor and council. After completion of any such

viaduct, any revenue 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. All ordinary repairs to any such viaduct or to the approaches thereto, shall be paid out of such fund or shall be borne by the city.

SEC. 49. [Toll bridges.]—The mayor and council shall have power to license and regulate the keeping of toll bridges within or terminating within the city, for the passage of persons, teams, and property over any river passing wholly or in part within or running by and adjoining the corporate limits of any such city; to fix and determine the rates of toll over any such bridge or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll, so fixed and determined, from all persons passing over or using the same.

SEC. 50. [Street lighting-Electric wires.]-The mayor and council shall have power to regulate and provide for the lighting of streets, laying down gas pipes, and erection of lamp posts, electric towers, or other apparatus, and to regulate the sale and use of gas and electric lights, and fix and determine the price of gas, the charge of electric light, and the rent of gas meters within the city, and regulate the inspection thereof, and to regulate telephone service and the use of telephones within the city, and to fix and determine the charges for telephones and telephone service connections, and to prohibit or regulate the erection of te graph, telephone, or electric wire poles, or other poles for whatsoever purpose desired or used in the public grounds, streets, or alleys, and the placing of wires thereon, and to require the removal from the public grounds, streets, or alleys, of any or all such poles, and to require the removal and placing under ground of any or all telegraph, telephone, or electric wires. [Amended 1889, chap. 13.]

SEC. 51. [Appropriate money.]-The mayor and council shall have power to appropriate money and provide for the payment of the debts and expenses of the city.

SEC. 52. [Fire department.]-The mayor and council shall have power to provide for the organization and support of a fire department and to establish regulations for the prevention and extinguishment of fires.

SEC. 53. [Night police.]-The mayor and council shall have power to establish, regulate, and support night watch and police, and to define the duties thereof, except as otherwise herein specially provided. [Repealed, Laws 1889. Chan, 11

SEC. 54. [Trees-Birds.]-The mayor and council shall have power to provide for the planting and protection of shade or ornamental and useful trees, and for the protection of birds, their nests, and eggs.

SEC. 55. [Public buildings.]-The mayor and council shall have power to erect, designate, establish, maintain, and regulate hospitals, or work houses, houses of correction, jails, station-houses, and other necessary buildings. [Amended 1889, chap. 13.]

SEC. 56. [Streets, naming, size-Numbering houses.]-The mayor and council shall have power to provide for, regulate, and require the numbering or renumbering of houses along public streets or avenues; to care for and control, to name and rename streets, avenues, parks, and squares within the city; to provide for the opening, vacating, widening, and narrowing of streets, avenues, and alleys within the city, under such restrictions and regulations as may be provided by law; Provided, That no street or avenue shall be narrowed to a width of less than sixty-six feet, except on petition of two-thirds of the owners of the lots and real estate along that portion of the street or avenue narrowed.

SEC. 57 [Street advertising.]-The mayor and council shall have power to regulate and prevent the use of streets, sidewalks, and public grounds for signs, sign posts, awnings, awning posts, scales, or other like purposes; to regulate and prohibit the exhibition, or carrying, or conveying of banners, placards, advertisements, or the

SEC. 53. Control of police regulated by Sec. 145, 22 Neb., 463.

SEC. 56. See 16 Neb. 117.

distribution or posting of advertisements, or hand bills in the streets or public grounds, or upon the sidewalks.

SEC. 58. [Weights and measures.]—The mayor and council shall have power to provide for the inspection of weights and measures, and prohibit the use of any imperfect weights or measures or weighing apparatus.

SEC. 59. [Libraries.]-The mayor and council shall have power to establish and maintain public libraries, reading rooms, art galleries, and museums, and to provide the necessary grounds or buildings therefor; to purchase books, papers, maps, manuscripts, and works of art and objects of natural or scientific curiosity and instruction, therefor, and to receive donations and bequests of money or property for the same in trust or otherwise. They may also pass necessary by-laws and regulations for the protection and government of the same. [Amended 1889, chap. 13.]

SEC. 60. [Sewers.]-The mayor and council shall have power to lay off the city, or parts thereof, into suitable districts for the purpose of establishing a system of sewerage and drainage; to provide such system and regulate the construction and repairs and use of sewers and drains, and of all proper house construction and branches, and provide penalties for any obstruction of, or injury to any sewer or part thereof, and to require and compel sewer connections to be made.

SEC. 61. [Water-works.]—The mayor and council shall have power to erect, construct, and maintain water-works, either within or without the corporate limits of the city, and to make all needful rules and regulations concerning the use of the water supplied by such water-works, and to do all acts necessary for the construction, completion, management, and control of the same, including the appropriation of private property for the public use in the construction and operation of such water-works, compensation for such appropriation to be made as is provided by this act. And the mayor and council. of each city created or governed by this act shall have power to construct and maintain water-works on such terms and under such regulations as may be agreed on, or to provide by contract for the construction and maintenance or leasing of waterworks, or any main or line thereof, or settling basins therefor.

SEC. 62. [Markets-Public buildings-Protection of property— Water courses.]-The mayor and council shall have power to erect and establish market houses, and make market places, and to provide for the erection of 'all other useful and necessary buildings for the use of the city, and for the protection and safety of all property owned by the city, and they may locate such market houses and market places, and buildings aforesaid, on any streets, alleys, or public grounds, or on any land purchased for such purpose; to provide for the safety and protection of private property where damages are likely to occur by the action of the elements, or through the carelessness and negligence of any servant or officer of the city; and to establish, alter, and change the channels of streams and water courses within the city, and bridge the same; Provided, That any such improvement costing in the aggregate a sum greater than twenty thousand dollars, shall not be authorized until the ordinance providing therefor shall be first submitted to, and ratified by, a majority of the legal voters of such city voting thereon.

SEC. 63. [Census.]-The mayor and council shall have power to provide for and cause to be taken an enumeration of the inhabitants of the city.

SEC. 64. [Eminent domain.]-The mayor and council shall have power to appropriate private property for the use of the city for streets, alleys, avenues, sewers, public squares, market places, gas-works, or water-works, including mains, pipe lines, and settling basins therefor, the right and power to appropriate private property for sewers, boulevards, and water-works to extend to a distance of ten miles from the corporate limits of the city. All cities of the metropolitan class and all other corporations exercising the right of eminent domain within the corporation limits of such cities, upon condemning private property under such authority, shall cause to be recorded an accurate plat and a clear, definite description of the property so taken in the office of register

፦. 61 City may vacate streets. 46 N. W. R. 627.

of deeds of the county within which such city is located, within thirty days after the other legal steps for the acquisition of such title shall have been taken. [Amended 1889, chap. 13.]

SEC. 65. [Occupation tax.]—The mayor and council shall have the power to tax, license, and regulate pawn brokers auctioneers, employment agencies, commission merchants, brokers, insurance officers, insurance agents, surveyors, engineers, express interest or business, coal dealers, and also such kind of business or vocation as the public good may require; and the mayor and conncil shall also have the power to tax, license, and regulate sales of bankrupt stocks of goods, and the selling or contracting for sale of any goods, wares, or merchandise by sample, when such goods, wares, or merchandise are thereafter to be sent or delivered to the purchaser. The mayor and council shall also have the power to levy and collect a license tax on shows, caravans, circuses, and exhibitions for pay; billiard tables, ball and ten-pin alleys, without regard to the number of pins used, hacks, drays, or other vehicles used for pay within the city, and may prescribe the compensation for the use of such hacks, drays, and other vehicles. [Amended 1891, chap. 7.]

SEC. 66. [Municipal bonds.]-The mayor and council are hereby authorized and empowered to issue bonds of the city, with interest coupons annexed thereunto, in such amounts, and for such length of time, as they may deem proper, the rate of interest not to exceed six per centum per annum, for the construction and maintenance of sewers, or in the renewal of outstanding bonds of said city bearing a higher rate of interest, or for the purpose of funding, taking up and making payment of the floating indebtedness and liabilities of the city, or for the construction of a city hall or other needful buildings for the use of the city, or for the appropriation or purchase of gas-works, water-works, or land for public parks. All such bonds shall express upon their face the purpose for which they are issued; Provided. The bonded indebtedness of the city, exclusive of district-paving bonds and curbing and guttering bonds heretofore issued, bonds issued for the erection of a city hall, district grading bonds hereafter issued and bonds issued for park purposes, shall not at any time exceed in the aggregate twelve and one-half (121) per centum of the assessed valuation of the taxable property in the city; Provided further, No bond shall be issued except such renewal bonds and bonds for paving or for appropriation of gas-works or water-works or land for public parks or boulevards or for curbing or guttering purposes or for the erection of a city hall in excess of two hundred thousand ($200,000) dollars in any one year, nor until the legal electors of said city shall have authorized the same by a vote of two-thirds of all the electors voting on such proposition at a general, annual, or special election of said city, called after twenty days public notice, stating distinctly the amount and the purpose for which they are to be issued; which bonds or the proceeds from the sale thereof shall not be diverted from the purpose for which they were issued, and shall not be disposed of at less than par. [Amended 1891, chap. 7.]

SEC. 67. [Sinking fund.]—The sinking fund to redeem at maturity the bonded indebtedness of the city may be used to purchase such bonds, before maturity, on such terms, and in such manner as may be prescribed by ordinance; Provided, That bondholders shall be given an opportunity to compete for the sale of bonds held by them and the bonds that can be purchased upon the most favorable terms shall be preferred.

SEC. 68. [Surveys-Maps.]-The mayor and council shall have power to create a board to be known as commissioners of adjustment, to be composed of the city engineer and two resident free-holders, who shall, as soon as practicable, cause to be surveyed in sections or districts all lots, blocks, streets, alleys, and public grounds within any city of, the metropolitan class, not surveyed and platted with fixed monuments and recorded; and such additions within the incorporate limits of such city where discrepancies or uncertainties may exist as to the lines of the streets, alleys, lots, or blocks in such addition; and to make maps of their surveys, in sections or districts, showing thereon. the width of every street and alley, and the extent of all squares, parks, and public grounds within such section or district; and to fix monuments as may be necessary for