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the city, and as may be necessary to protect citizens and property and maintain peace and good order. The chief of police and all other police officers and policemen shall be subject to removal by the board of fire and police, under such rules and regulations as may be adopted by said board, whenever said board shall consider and declare such removal necessary for the proper management or discipline, or for the more effective working or service of the police department. It shall be the duty of said board of fire and police to adopt such rules and regulations for the guidance of the officers and men of said departments, and for the appointment, promotion, removal, trial, or discipline of said officers and men as said board shall consider proper and necessary. The said board of fire and police shall have such further powers and perform such other duties as may be authorized or defined by ordinance. Each commissioner before entering upon the duties of his office, shall give bond in the sum of five thousand ($5,000) dollars, conditioned for the faithful performance of all duties of his office, the same to be approved by the city council and filed with the city clerk. Provided, That the mayor as a member of said board shall qualify in the same manner, shall have and exercise the same powers, privileges and authority as the other members thereof, and receive the same compensation therefor. The tenure of his office shall be governed by provisions of the charter regulating and controlling the office of mayor. The provision as to compensation to said mayor as a member of such board shall apply only from the date of the taking effect of this act. The terms and powers of members of said board heretofore appointed by the governor of the state shall not be affected or changed by any amendments hereto. [Amended 1891, chap. 7.]
SEC. 146. [Chief of police.]-The chief of police shall have the supervision and control of the police force of the city, and in that connection he shall be subject only to the orders of the mayor and the board of fire and police, and all orders of the board relating to the direction of the police force shall be given through the chief of police, or, in his absence, the officer in charge of the police force. [Amended 1891, chap. 7.]
SEC. 147. [Same-Duties.]-The chief of police shall be the principal ministerial officer of the corporation. He shall by himself, or by deputy, execute and return all writs and process issued by the police judge; he, or one of his deputies, shall attend on the sitting of the police court, and preserve order therein; and his jurisdiction and that of his deputies in the service of process in all criminal cases, and in cases for the violation of the city ordinances, shall be co-extensive with the county. [Amended 1889, chap. 13.]
SEC. 148. [Same.]-He shall be subject to the orders of the mayor in the suppression of riots and tumultuous disturbances and breaches of the peace; he may pursue and arrest any person fleeing from justice in any part of the state, and shall forthwith bring all persons by him arrested before the police judge for trial or examination; he may receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or states. [Amended 1891, chap. 7.]
SEC. 149. [Same.]-He shall have, in the discharge of his proper duties, like powers, and be subject to like responsibilities as sheriff in similar cases.
SEC. 150. [Policemen.]-The policemen of the city shall have the same power s constables in arresting all offenders against the laws of the state, and in like manner may arrest all offenders against the ordinances of the city. In the discharge of their duties as policemen they shall be subject to the immediate orders of the chief of police.
SEC. 151. [Police judge-Jurisdiction.]-The police judge shall have exclusive jurisdiction over, and it shall be his duty to hear and determine all offenses against the ordinances of the city, arising within the corporate limits of the city, or within three miles of the corporate limits thereof, and of misdemeanors under the laws of the state arising within the limits of the city, when the fine which may be imposed
does not exceed ʊne hundred dollars, or the imprisonment three months; and he shall also have jurisdiction for the examination of offenders against the laws of the state for offenses arising within the city limits.
SEC. 152. [Same-Duties-Court-Sunday.]—The police judge shall be a conservator of the peace, and his court shall be open every day except Sundays, to hear and determine any and all cases cognizable before him. No act shall be performed by him on Sunday except to receive complaints, issue process and take bail. He shall have power to enforce due obedience to all orders, rules, judgments, and decrees made by him; he shall have the same power as the district court in the issue of warrants, subpena or other process that may be neccessary, and may fine or imprison for contempt offered to him while holding court, or to process issued by him, in the same manner and to the same extent as the district court.
SEC. 153. [Same-Appeals.]—In all cases before the police judge, arising under the ordinances of the city, or the laws of the state, an appeal may be taken by the defendant to the district court or other court of appeal which may be provided by law in and for the city, or the county in which said city is situated, but no appeal shall be allowed unless the defendant shall within ten days enter into recognizance, with sufficient sureties, to be approved by the judge not less than one hundred dollars ($100)in any case, conditioned for the payment of the fine and costs of appeal, if it should be determined against the appellant. [Amended 1891, chap, 7.]
SEC. 154. [Same-Bill of exceptions.]-On the trial of any case in the police court, it shall be the duty of the police judge to sign any bill of exceptions tendered to the court during the progress of such trial; Provided, the truth of the matter be fairly stated; and thereupon, said exceptions shall be entered in the record of such trial. Any final conviction, sentence or judgment of the police court may be examined into by the district court on writ of error, which may be allowed by such court or the judge thereof, for sufficient cause, and proceedings may be stayed as may be deemed reasonable; ard the revising courts shall, in such proceedings, take judicial notice of all ordinances of the city, the judgment of whose police judge said court may be examining.
SEC. 155. [Same-Trial by jury.]-Cases in the police court for the violation of the ordinances of the city or the laws of the state in which the police judge shall have final jurisdiction, shall be tried by the police judge without the intervention of a jury, but the right of appeal shall not be denied in any case. [Amended 1891, chap. 7.]
SEC. 156. [Sentence.]—If the defendant is found guilty the police judge shall declare the punishment, which, in cases arising under the ordinances of the city, shall be by fine or imprisonment or both; and shall render judgment accordingly. It shall be a part of the judgment that the defendant stand committed until the judgment be complied with, and all fines and costs are paid; and it shall be lawful to further provide as part of the judgment that until such judgment be complied with and such fines and costs are paid, that said defendant be required to work out said fine and costs, upon the public streets, or at any other place that may be provided, at the rate of two dollars ($2.00) per day for each day said defendant shall actually work.
SEC. 157. [False complaint.]-If, upon trial under the provisions of this act, it sha!! appear to the satisfaction of the police judge or the jury, that the prosecution was commenced without probable cause or from malicious motives, the judge or jury trying the case shall state the name of the prosecutor or prosecutors in the findings, and shall impose the costs of the prosecution upon him or them and judgment shall be rendered against such prosecutor or prosecutors that he or they pay such costs, and stand committed until the same is paid.
SEC. 158. [Police court proceedings.]-The police judge shall have all
power neccessary to the performance of his duties; he shall bring parties to trial without unneccessary delay; he may upon good cause shown, postpone the trial from time to time and secure the presence of the defendant by recognizance or otherwise. In all cases not herein specially provided for, the process and proceedings in the police court shall be governed by the laws regulating proceedings in justice's courts in criminal cases. SEC. 159. [Costs and fees.]-The police judge shall tax and collect the same fees and costs as are allowed a justice of the peace for similar services. Jurymen and witnesses shall receive the sum of one dollar ($1.00) for each day's attendance. In no case shall the city be liable to pay any costs or fees in cases in the police court, and all fines, fees and costs taxed and collected by the police judge shall be paid into the city treasury at the end of each month, accompanied by a full and accurate statement of all fines, fees and costs taxed and collected or taxed and uncollected. All witness fees re
maining unclaimed for ninety days after the same shall have been collected by the police judge, shall be forfeited to the city, and shall be paid to the city treasurer by the police judge, who shall report at the end of each month to the city council all witness fees collected by him and in his possession. The police judge shall be liable upon his official bond for the prompt payment, as required by this act, of all fines, fees, and costs, to said city.
SEC. 160. [Police judge-Vacancy.]-In case of vacancy in the office of police judge, by death, resignation or otherwise, or in case of his absence, disability or inability to preform his duty, it shall be the duty of any acting justice of the peace within the city, who shall be designated by the mayor in writing, to act as police judge during such vacancy, absence or inability, in the trial of causes cognizable before the said judge.
SEC. 161. [Remission of fines.]-The police judge shall remit no fine or costs in any case. The mayor and council may provide by ordinance, the manner and terms on which the mayor may remit any fine, penalty or costs, imposed by the police judge for offenses arising under the ordinances of the city.
SEC. 162. [Necessary 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.
SEC. 163. [Officers--General duties-Oath.]-The duties, powers and privileges of all officers of every character, in any way connected with the city government, not herein defined, shall be defined by ordinance, and the defining by this act of the duties of any city officer shall not preclude the mayor and council from defining by ordinance further and additional duties to be performed by any such officer. Every officer of the city, before entering upon his official duties, shall take and subscribe an oath, faithfully to discharge the duties of his office, which oath shalt be in writing, and shall be filed with the city clerk.
SEC. 164. [Defense of suits by taxpayers.]-In any and all suits at law or in equity that may be brought against any city of the metropolitan class, if the said city shall refuse or neglect to defend the same, any resident taxpayer may, in behalf of said city, defend said suit at the cost of the said city, not including attorney's fees.
SEC. 165. [Public property exempt-Judgments how paid.]Lands, houses, moneys, debts due the city, and property and assets of every description belonging to any city governed by this act, shall be exempted from taxation, execution and sale. Judgments against such city shall be paid out of the general fund, or if the council so determine by a tax to be levied at the time of the annual levy, on all the taxable property within the city limits.
SEC. 166. [Fines, etc., how paid.]—All fines, and penalties, and forfeitures, collected for offenses against the ordinances of the city or for misdemeanors against the
laws of this state, committed within any city of the metropolitan class, shall, unless otherwise provided by law, be paid by the person receiving the same, to the city treasurer of said city; and any person receiving such fine, penalties, or forfeitures, who shall fail to pay the same over as above provided, within thirty (30) days after the receipt of the same by him, or within ten (10) days after being requested by the mayor so to do, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed one thousand ($1,000) dollars, and imprisonment not to exceed six (6) months in the county jail.
SEC. 167. [Officers--Compensation. ]-The several officers hereinafter named of any city of the metropolitan class, shall receive the following compensation and no more directly or indirectly, to-wit: 1st. The mayor shall receive the sum of twenty-five hundred ($2,500) dollars per annum, for services as mayor, and as member of the board of fire and police commission the same compensation as other members of such board. 2nd. The police judge shall receive a salary of twenty-five hundred ($2,500) dollars per annum. 3rd. The treasurer shall receive a salary of six thousand (86,000) dollars per annum. 4th. The comptroller shall receive the sum of twenty-five hundred ($2,500) dollars per annum. 5th. The chief of police shall receive the sum of two thousand ($2,000) dollars per annum. 6th. The city clerk shall receive the sum of two thousand ($2,000) dollars per annum. 7th. The city attorney shall receive the sum of three thousand ($3,000) dollars per annum. 8th. The assistant city attorney shall receive the sum of two thousand ($2,000) dollars per annum. 9th. The city prosecutor shall receive a salary of fifteen hundred ($1,500) dollars per annum. 10th. The city engineer shall receive the sum of three thousand ($3,000) dollars per annum. 11th. The assistant city engineer shall receive the sum of two thousand ($2,000) dollars per annum. 12th. The chairman of the board of public work shall receive the sum of twenty-five hundred ($2,500) dollars per annum. 13th. The inspector of buildings shall receive the sum of twenty hundred ($2,000) dollars per annum. 14th. The commissioner of health shall receive a salary of two thousand ($2,000) dollars per annum. 15th. The boiler inspector shall receive the sum of fifteen hundred ($1,500) dollars per annum. 16th. The commissioners of fire and police shall each receive a salary of six hundred (8600) dollars per annum, and no more either directly or indirectly. 17th. The chairman of the board of park commissioners shall receive a salary of six hundred ($600) dollars per annum, and the other members of said board the sum of two hundred ($200) dollars each per annum. 18th. Each policeman shall receive a sum not exceeding eighty-five (85) dollars per month, and each officer of police under the rank of chief, shall receive a sum not exceeding one hundred (100) dollars per month, to be fixed by the board of fire and police commissioners. No policeman shall be allowed fees as a witness in any case tried in the police court. 19th. Each councilman shall receive the sum of eight hundred (800) dollars per annum. [Amended 1891, chap. 7.]
SEC. 168. [Same.]-The compensation or salary of all officers and agents of the city not herein specified, shall be fixed and determined by ordinance, and shall not be increased or diminished during the term for which such officer or agent shall be apDointed.
SEC. 169. [Same-Extra compensation.]-No officer shall directly or indirectly be allowed any further or greater compensation for his official services than is allowed herein, nor shall any officer named herein take or receive therefore, directly or indirectly, any further or greater compensation than is provided as aforesaid.
SEC. 170. [Same-Violation of act.]-If any such officer shall violate any of the foregoing provisions of this act, or if any member of the council shall vote for any further allowance to any officer whose salary is fixed by this act, or to the members of the council, he shall be deemed guilty of a misdemeanor in office, and upon con
SEC. 167. Cited 22, Neb. 464.
viction thereof in a court of competent jurisdiction, shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding one year; and he shall moreover be removed from office by the court rendering judgment of conviction against him.
SEC. 171. [Same-Interested in contracts.]-Any officer of the city, or member of the city council, or any employee entrusted with the supervision of any public work, who shall by himself or agent, or as the agent or representative of any other person or corporation, become a party to, or in any way interested in any contract, work, or letting under the authority and by the action of the city council, or who shall in any manner be pecuniarily interested in, or receive any portion of the wages or pay of any person or team in his charge, or under his supervision or control, or furnish any material to be used in such work or under such contract, or who shall accept or receive any valuable consideration or promise for his influence or vote, shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court.
SEC. 172. [Removal from office.]-The power to remove from his office the mayor or any councilman or other officer mentioned in this act in any city of the metropolitan class, for good and sufficient cause, is hereby conferred upon the district court for the county in which such city is situated;and whenever any two of the city councilmen shall make and file with the clerk of said court the proper charges and specifications against the mayor, alleging and showing that he is guilty of malfeasance or misfeasance as such officer, or that he is incompetent or neglects any of his duties as mayor, or that for any other good and sufficient cause stated he should be removed from his office as mayor; or whenever the mayor shall make and file with the clerk of said court the proper charges and specifications against any councilman or other officer mentioned in this act, alleging and showing that he is guilty of malfeasance or misfeasance in such office, or that he is incompetent, or neglects any of his duties, or that for any other good and sufficient cause stated he should be removed from his office, the judge of such court may issue the proper writ requiring such officer to appear before him, on a day therein named, not more than ten days after the service of such writ, together with a copy of such charges and specifications upon such officer, to show cause why he should not be removed from his office. The proceedings in such case shall take precedence of all civil causes and be conducted according to the rules of such court in such cases made and provided, and such officer may be suspended from the duties of his office during the pendency of such proceedings by order of said court.
SEC. 173. [Act repealed.]-That an act entitled "An act to incorporate cities of the first class, and regulating their duties, powers, and government," approved March 1st, 1881, and all acts amendatory thereof, and all acts or parts of acts or laws in conflict herewith, be and the same are hereby repealed.
SEC. 174. [Sale of 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 in cities of the metropolitan class, and which shall remain unclaimed for the period of six (6) months after the passage of this act, or which may remain unclaimed for the period of six (6) 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 thirty (30) days notice thereof, by advertisement published three consecutive days in the official newspaper of such city. [1889, Chap. 18.]
SEC. 175. [Police relief fund.]—The board of fire and police commissioners in any city, considered and known as a city of the metropolitan class, is hereby
SEC. 173. Repealed sections 1-107, Chap. 13, Compiled Statutes, 1881 and 1885,
SEC. 174. "An act to provide for the sale of unclaimed personal property in the custody of the chief of police or of the police judge in cities of the metropolitan class." Passed and took effect Mar. 30, 1889. Laws 1889, chap. 18. "An act to provide for the setting apart, formation and disbursement of a police relief fund in cities of the metropolitan class.' Passed and took effect Mar. 30, 1889. Laws 1889, chap. 17.