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SEC. 104. Same-Breach.-In case of the breach of any cognizance entered into as aforesaid, the same shall be certified to the district court of the proper county to be proceeded upon according to law; if in the progress of any trial before the said judge it shall appear that the accused ought to be put upon his trial for an offense not cognizable before said judge, he shall immediately stop all further proceedings before him, and proceed as in other cases exclusively cognizable before the district court.
SEC. 105. Witnesses.-It shall be the duty of said judge to summon all persons whose testimony may be deemed material as witnesses at the trial, and to enforce their attendance by attachment, if necessary, and all witnesses shall receive the sum of fifty cents for each day's attendance.
SEC. 106. Trial by jury.—Cases in the police court for violation of city ordinances shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanor under the statutes of the state shall be tried by the police judge alone, unless the defendant demand a jury; if jury be demanded the case shall be tried by a jury of six competent men, unless a smaller number is agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in justices' courts, and the trial of such cases before said police judge shall be conducted in all respects not herein otherwise provided in like manner as in criminal cases before justices of the peace. Jurors in the police court shall receive the same fees as jurors in justices' courts, to be taxed as other costs are taxed in the case.
SEC. 107. Judgment.-If the defendant be found guilty, the police judge shall declare and assess the punishment and render judgment accordingly. It shall be part of the judgment that the defendant stand committed until judgment be complied with; Provided, That in any prosecution for violation of any ordinance, the defendant shall have the right to produce before said police judge one or more sureties to the satisfaction of said judge, which said sureties shall, with the defendant, confess a judgment for the amount of the fine or penalty imposed, with the cost of suit, and said judge shall enter said confession of judgment upon his docket and render judgment accordingly in the name of the state of Nebraska against them for the amount of such fine and costs, and if said judgment be not paid within ninety days from the date of such confession and entering of judgment, said police judge shall issue execution and collect the amount of said fine or penalty and costs, in the manner provided by law for collecting judgment by execution in justices' courts.
SEC. 108. Discharge.—Any defendant committed under the provisions of this act for a misdemeanor arising under the laws of this state may be discharged in the same manner as if he had been committed by the county court.
SEC. 109. Proceedings.-In all cases not herein specially provided for, the process and proceedings before the judge shall be governed by laws regulating proceedings in justices' courts in criminal cases.
SEC. 110. Continuance.-When a trial shall be continued by the judge it shall not be necessary to summon any witness who may be present at the continuance, but the judge shall verbally notify such witness as either party may require to attend before him to testify in the case on the day of trial, which verbal notice shall be as valid
as a summons.
SEC. 111. Challenges.—In trials by a jury before the police judge challenges shall be allowed in the same manner as in similar cases before the justices of the peace.
SEC. 112. Punishment.-Any person convicted before the judge of any of fense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordinance.
SEC. 113. Working prisoner.-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 the 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.
SEC. 114. 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.
SEC. 115. 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, reconstruct, 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 damages, 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 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 viaducts and its approaches. The width, height, and strength of any such viaducts 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 the completion of any such viaducts 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 funds, if any.
SEC. 116. [Emergency clause-Act took effect Mar. 14, 1889.]
CHAPTER 14.-CITIES OF THE SECOND CLASS AND VILLAGES.
ARTICLE I. CITIES OVER 1,000 INHABITANTS.*
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.]
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.
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.
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 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
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.) The act 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 appears 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. 369. Legal organization and acts of councilmen 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.
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 judgment 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 damages by such obstruction. 15 Neb. 282. 16 Id. 119. Obstructing alley; failure to show existence of alley; injunction does not lie. 25 Neb. 687. Grading and improving streets. 4 Neb. 531. 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, 393. 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 proprietor 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. Where at time of election of officers no salary is fixed, an ordinance passed afterwards fixing salary is good. 19 Neb. 443. 20 Id. 161.
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.
SEC. 5. [Meetings.]-Regular meetings of the city council shall be held at such times as the council may provide by ordinance.
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 attor ney 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.]
SEC. 7. [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 as the mayor and council may fix at the time of their appointment or employment. [Amended and took effect March 2, 1881.]
SEC. 8. [Fees of police judge.]-The police judge shall receive the same fees as justices of the peace for similar services.
SEC. 9. [Qualifications.]—All officers shall be qualified electors and taxpayers and reside within the limits of the city.
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.
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.
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 opinion, may tend to the improvement of the finances of the city, the police, health, security, ornament, comfort, and general prosperity of the city.
SEC. 13. [Special meeting of council.]-The mayor or any three councilmen shall have power to call special meetings of the city council, the object of which shall be submitted to the council in writing, and the call and object, as well as the disposition thereof, shall be entered upon the journal by the clerk.
SEC. 14. [Reports of officers.]-The mayor shall have the power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other
SEC. 8. City not liable for fees of police judge. 15 Neb. 87.
SEC. 10. Provisions of this section do not apply to passage of ordinances. 23 Neb. 369. General executive Cuties of mayor. 27 Neb. 441.
Communications privileged if made in good faith. 26 Neb. 449.
papers, and to make reports to the council in writing, touching any subject or matter he may require pertaining to his office.
SEC. 15. [Jurisdiction of mayor.]—The mayor shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, excepting taxation, within one-half mile of the corporate limits of said city.
SEC. 16. [Vacancy.]—In case of any vacancy in the office of mayor, or in case of his absence or disability, the president of the council, for the time being, shall exercise the office of mayor, until such vacancy be filled, or such disability be removed; or in case of temporary absence, until the mayor shall return.
SEC. 17. [Posse comitatus.]-The mayor is hereby authorized to call on every male inhabitant in the city, over eighteen years of age, and under the age of fifty years, to aid in enforcing the laws.
SEC. 18. [Reprieves-Pardons.]-The mayor shall have power to remit fines and forfeitures, to grant reprieves and pardons for all offenses arising under the ordinances of the city.
SEC. 19. [Policemen.]-The policemen of the city shall have power to arrest all offenders against the laws of the state, or of the city, by day or by night, in the same manner as the sheriff or constable, and keep them in the city prison or other place, to prevent their escape, until trial can be had before the proper officer.
SEC. 20. [City Engineer.]-The city engineer shall make estimates of the cost of labor and materials which may be done or furnished by contract with the city, and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, bridges, curbings, and gutters, and the improvement of streets and the erection and repair of buildings, and shall perform such other duties as the council may require. Before the city council shall make any contract for building bridges or sidewalks, or for any work on the streets, or for any other work or improvement, an estimate of the cost thereof shall be made by the city engineer and submitted to the council, and no contract shall be entered into for any work or improvement for a price exceeding such estimate; and in advertising for bids for any such work the council shall cause the amount of such estimate to be published therewith.
SEC. 21. [Overseer of streets.]-The overseer of streets shall, subject to the orders of the mayor and council, have general charge, direction, and control of all work on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the council may require.
SEC. 22. [Police judge.]-The police judge shall have exclusive jurisdiction to hear and determine all offenses against the ordinances of the city, and jurisdiction concurrent with that which is or may be conferred upon justices of the peace, of misdemeanors under the laws of the state, arising within the limits of the city, and shall also have jurisdiction for the examination of offenders against the laws of the state, for offenses arising within the limits of the city.
SEC. 23. [Complaint.]-Whenever complaint shall be made to the police judge, on oath or affirmation of any person, that an offense has been committed, of which the police judge has jurisdiction, said judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the sheriff or a constable of the county, or any policeman of the city, or by some person specially appointed by writing, indorsed on the process by the police judge for that purpose, and whose return shall be made under oath. [Amended, and took effect March 2, 1881.]
SEC. 20. Before any contract for grading is let an ordinance must be passed therefor, and the contract let to the highest bidder, after the publication of notice and fair competition. 9 Neb. 358. The estimate is not required in case of a contract to light the city with gas. Id. 340.
SEC. 23. If complainant be a prosecuting officer he cannot be required to give security for costs before issuance of warrant. 20 Neb. 306.