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as follows: On the Tuesday next preceding the annual town meeting, and on the Tuesday next preceding each of the regular meetings of the board of supervisors of the county, and at such other times as the interests of the town may require.
SEC. 49. [Same-Auditing accounts.]-The accounts so audited, and those rejected, if any, shall be delivered with the certificates of the auditors, or a majority of them, to the town clerk, to be by him kept on file for the inspection of all persons; they shall also be produced by the town clerk at the next annual town meeting, and shall be there publicly read by him.
SEC. 50. [Town orders.]—Orders for the payment of money shall be drawn on the town treasurer, and signed by the town clerk, and countersigned by the supervisor. All claims and charges against the town, duly audited and allowed by the town board, shall be paid by orders so drawn. No order shall be drawn on the town treas urer in excess of seventy-five per cent. of the amount of taxes levied for the current year on the property of said town, subject to be expended by said town, unless the money is in the treasury of said town to pay the order so drawn on presentation. When any order drawn as aforesaid is presented to the town treasurer for payment, and is not paid for want of funds, the town treasurer shall endorse on said order, presented and not paid for want of funds, and shall note in a book of registration, to be kept by him for that purpose, the fact of the presentation and non-payment of said order, and said order shall draw interest at seven per cent. per annum from the date of presentation, until there are funds sufficient in the hands of said treasurer to pay the same, after paying all orders drawn against such tax levy presented prior thereto, and said orders shall be paid in the order of their presentation and registration. The money received by the town treasurer as the proceeds of the tax levied in any year shall be applied first in payment of the orders drawn against said levy, and such levy shall be deemed specifically appropriated, so far as the same may be lawfully expended by said town, to the payment of orders drawn against said levy. [Amended 1885, chap. 42.]
SEC. 51. [Accounts.]-The board shall require all accounts presented to be verified by affidavit, setting forth that the same are correct and just and unpaid.
SEC. 52. [Same-Certificate.]-Said board shall make a certificate to be signed by a majority of said board, specifying the value of the claim, and to whom the amount is allowed, and shall cause such certificate to be delivered to the town clerk of said town, to be by him kept on file for the inspection of all persons, and a statement of the aggregate amount shall be delivered to the supervisor of the town, to be by him laid before the board of supervisors at their regular annual meeting. [Amended 1885, chap. 42.]
SEC. 53. [Town charges.]—The following shall be deemed town charges, to wit: The compensation of town officers for services rendered their respective towns, contingent expenses necessarily incurred for the use and benefit of the town, the moneys authorized by the vote of any town meeting for any town purpose, and every sum directed by law to be raised for town purposes.
SEC. 54. [Same-Taxes.]-The moneys necessary to defray the town charges of each town shall be levied on the taxable property in such town, in the manner prescribed by law for raising revenue. The rate of taxes for town purposes shall not exceed, for roads, two mills on each dollar of the valuation; for bridges, two mills on each dollar of the valuation; for all other purposes, three mills on each dollar of the valuation. And if the electors at the annual town meeting fail to vote a tax to pay the town charges herein before specified, or the town board fail to certify up to the county board the amount of tax voted, if any, by a town meeting, then the county board shall have power and it shall be the duty of such county board to levy upon the taxable property in said town a tax sufficient to pay all such town charges. [Amended 1885, chap. 42.]
SEC. 55. [Pay of officers.]-The following town officers shall be entitled to compensation as hereinafter specified: Town treasurer, three per centum on the amount
collected by him as taxes, excepting on school taxes, on which taxes he shall receive one per centum; the town clerk and supervisor shall each receive two dollars per day for each day actually and necessarily employed in attending to the duties of their respective offices; Provided, That the town clerk shall receive fees for the following services and not a per diem: For serving notices of election as required by law, twenty-five (25) cents each; filing papers, ten (10) cents each; posting notices as required by law, twenty-five (25) cents each; for recording any order or instrument of writing authoized by law, five cents for each one hundred words; for copying any record in his office and certifying the same, ten cents for each one hundred words, to be paid by the person applying for the same; and for copying by-laws, for posting or publication, five cents for each one hundred words. [Id.]
SEC. 56. [Same.]-The members of the town board shall be entitled to two dollars per day each for their services while actually engaged in their duties as such board. [Id.]
SEC. 57. [Same.]-No justice of the peace or town officer shall be entitled to any fee or compensation from any indivdual elected or chosen to a town office for administering to him the oath of office.
SEC. 58. [Suits.]-Whenever any controversy or cause of action shall exist between any towns of this state, or between any town and individual or corporation, proceedings may be had and suits brought, either at law or in equity, for the purpose of trying and finally settling such controversies. In all such suits and proceedings, the town shall sue and be sued by its corporate name except where town officers shall be authorized by law to sue in their name of office for the benefit of the town.
SEC. 59. [Same-Service of process.]-In all legal proceedings against the town by name, the first process and all other writs or proceedings required to be served shall be served on the supervisor of the town, and whenever any suit or proceeding shall be commenced against the town, it shall be the duty of the supervisor to attend to the defense thereof, and lay before the electors of the town at the first town meeting a full statement of such suit or proceeding for their consideration and direction.
SEC. 60. [Same-Judgments.]-All judgments recovered against a town or against town officers, in actions prosecuted by or against them in their name of office, shall not be collected by execution, but shall be a town charge, and when levied and collected shall be paid to the person or persons to whom the same shall have been adjudged.
SEC. 61. [County board-Pay of supervisors.]-The board of supervisors shall meet at such times as may be provided by law, and each member thereof shall be allowed, when actually employed, the sum of three dollars per day and mileage at the rate of five cents per mile for each mile necessarily traveled, and no more, as compensation for his services and expenses in attending the meetings of the board or any other business for the benefit of the county; Provided, That mileage shall only be allowed for one round trip to each member for each regular or special session of the county board, but mileage shall be allowed as hereinbefore provided for all necessary travel by committees; Provided, That nothing herein contained shall be so construed as to allow the supervisor more than two dollars per day while actually employed as member of his township board. [Amended 1889, chap. 11.]
SEC. 62. [Act not applicable to cities.]-None of the provisions of this act in regard to meeting of electors of their respective towns and their powers shall apply to towns whose limits are co-extensive with cities of the first and second class, but such cities and the inhabitants thereof shall continue to be governed by the laws specially applicable thereto, with such power only as conferred by law or election in the choosing of supervisors, assessors, judges, and clerks of election and other county
DISCONTINUANCE OF TOWNSHIP ORGANIZATION.
SEC. 63. [Discontinuance.]-Any county of the state of Nebraska which may have adopted township organization, or that may hereafter adopt the same pursuant to the constitution and any statute of the state, shall discontinue the same whenever the majority of the electors of said county voting on the question of such discontinuance shall so decide in the manner herein provided. [1885, chap. 43.]
SEC. 64. [Question submitted.]-Whenever a petition or petitions for a submission of the question of the discontinuance of township organization to the voters of his county, signed by not less than one-third of the number of electors, of the county voting at the last general election, shall be filed in the office of the county clerk not less than thirty days before the date of any general election, it shall be the duty of said county clerk to cause said question to be submitted to the voters of said county at such election and give notice thereof in the general notice of such election.
SEC. 65. [Ballots.]-The forms of ballots shall be respectively "for continuance of township organization" and "against continuance of township organization," and the same shall be written or printed upon the regular ballots cast for officers voted. for at such election, and shall be counted and canvassed in the same manner.
SEC. 66. [Returns.]—If it shall appear from the returns of said election that a majority of the votes cast on the question are against the continuance of township organization, then such organization shall cease to exist as soon as a board of county commissioners are appointed and qualified, as hereinafter provided.
SEC. 67. [County commissioners.]—When township organization shall cease in any county, as provided by this act, the office of county commissioner, which became vacant by reason of its adoption, is hereby restored, and such county is hereby divided into commissioner districts, with the same boundaries and comprising the same territory as such districts had when township organization was adopted.
SEC. 68. [Same-Appointment.]-On the first Saturday after the first Tuesday of January following the election at which township organization shall be voted to be discontinued, the county commissioners of such county, for the purpose of temporary organization under this act, shall be appointed by the county clerk, treas urer, and county judge of said county, and their successors shall be elected at the next general election in the manner provided by law in cases of the first election of a board of commissioners in any county.
SEC. 69. [Same-Government.]-The board of county commissioners, appointed as herein provided, shall be the legal successors of the board of supervisors in said county; and the county in which township organization shall be discontinued, and such board of county commissioners shall thereafter be governed by the laws that shall govern counties not under township organization, and in the same manner that said county would have been governed had not such organization been adopted.
SEC. 70. [Duties of town clerk-Disposition of town property.] -Where township organization shall be discontinued in any county, it shall be the duty of the town clerk in each town in said county, as soon as the board of county commissioners are appointed and qualified, to deposit with the county cierk of the county all town records, papers, and documents pertaining to the affairs of such town, and to certify to him the amount of indebtedness of such town outstanding at the time of such discontinuance, and the board of county commissioners shall have full and complete power to settle all the unfinished business of the towns as fully as might have been done by the town itself, and dispose of any and all property belonging to such towns, the proceeds of which, after paying all indebtedness, shall be disposed of by the board of county commissioners of such county for the benefit of the taxable inhabitants thereof, by their crediting all unexpended balances of said towns to such fund or
SECS. 63-70. "An act to provide for the discontinuance of township organization in any county, to adjust the affairs and provide a revenue to pay the indebtedness of the towns, and establish a temporary county or ganization." Took effect June 5, 1885. Laws 1885, chap. 43.
funds as they in their discretion shall deem for the best interest of such county, and it shall be their duty, at such time as shall be provided by law, to levy a tax upon the taxable property of such towns, to pay any unliquidated indebtedness it may have outstar ding
CHAPTER 19.-COURTS SUPREME AND DISTRICT.
COURT OF IMPEACHMENT.
SECTION 1. [Impeachments.]—All impeachments of state officers shall be tried before the supreme court, except the impeachment of any judge of said court, and the impeachment of a judge of the supreme court shall be tried before all the district judges of the state. [1879, 82.]
SEC. 2. [Powers.]-A court of impeachment shall have power to proceed with a trial only when two-thirds of all the members thereof are in attendance, but any less number shall have power to adjourn to any reasonable time.
SEC. 3. [Rules.]-A court of impeachment shall make such rules and orders as in its discretion shall be best adapted to a full, fair, and impartial investigation of the charges made and to the promotion of substantial justice.
SEC. 4. [Clerk and reporter.]-The clerk of the supreme court shall act as the clerk of the court of impeachment, and the court may appoint a short-hand reporter, and such officers shall each receive such an allowance as the court of impeachment may authorize to be by them reported for the consideration of the legislature at its next session.
SEC. 5. [Order of business.]-Whenever the court of impeachment in any way interferes with the business of any other court or county of the state, that of the court of impeachment shall take precedence.
SEC. 6. [Presiding judge.]-When the court of impeachment is composed of the district judges of the state they shall elect one of their number to act as the presiding judge of said court; in all other cases the chief justice shall preside, and the clerk of said court shall keep a full record of each day's proceedings, in a book to be specially provided for that purpose, and of which book the clerk of the supreme court shall always be the custodian, and each day's proceedings shall be signed by the judge presiding.
SEC. 7. [Opinions.]—The written opinions of any court of impeachment shall be reported in the volume of supreme court reports issued after the adjournments of said
SEC. 8. [How tried.]—An impeachment of any state officer shall be tried, notwithstanding such officer may have resigned his office, or his term of office has expired; and if the accused person be found guilty, judgment of removal from office, or disqualifying such officer from holding or enjoying any office of honor, profit, or trust in the state, or both, may be rendered as in other cases.
SEC. 9. [Same.]-An impeachment against any state officer shall be tried, and judgment of removal from office, or of disqualification to hold office, may be rendered, notwithstanding the offense for which said officer is tried occurred during a term of office immediately preceding.
SEC. 10. [How constituted.]-The supreme court shall consist of three judges, a majority of whom shall be necessary to constitute a quorum or pronounce a decision. SEC. 11. [Chief justice.]-The judge of the supreme court having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge having in like manner the next shortest term to serve shall preside in his stead.
CHAP. 19, SECS. 1-49. "An act to amend chapter 13 of the Revised Statutes of 1866, entitled "Courts." Laws 1879, 82. Took effect March 1, 1879.