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Reprieves, pardons.

City marshal.

filled or such disability removed; or in case of temporary absence, until the mayor returns, and perform such other duties as may be required by law. The mayor may require any male inhabitant of the city, between the ages of eighteen and fifty years, to aid in enforcing the laws.

SEC. 23. The mayor shall have power, after conviction, to remit fines and forfeitures, to grant reprieves and pardons for all offenses arising under the ordinances of the city.

SEC. 24. The marshal shall have the immediate superintendence of the police; and the marshal and policemen shall have power, and it shall be their duty, to arrest all offenders against the laws of the state, or of the city, by day or by night, in the same manner as a sheriff or constable, and to keep them in the city prison, or other place, to prevent their escape, until a trial or examination may be had before a proper officer, and shall have the same powers as sheriffs and constables in relation to all criminal matters, and all process issued other than in ordinary civil actions by the police judge.

Sec. 25. The mayor or council shall have power, when he or they deem it necessary, to require any officer of the city to exhibit his accounts or other papers, and to make reports to the council in writing, touching any subject or matter he may require pertaining to his office. The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the city, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty, and he 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.

Reports of officers.

Jurisdiction of mayor.

acknowledge

9 Neb., 340; 358

SEC. 26. The mayor and clerk and police judge of Power to take the city are hereby authorized to administer oaths, to ments. take depositions, and acknowledgments of deeds, mortgages and other instruments of writing affecting the title of real estate, and certify the same under the seal of the city, and the same shall be received as valid throughout the state.

SEC. 27. The city engineer shall make estimates of Estimates of the cost of labor and materials which may be done or Feb 27 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, waterworks, bridges, curbings and gutters, and the improvement of streets, and 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 waterworks, or any part thereof, or any sewers, 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. Such advertisements shall be for at least twenty days in some newspaper published in the city.

SEC, 28. The street commissioner shall, subject to Street the orders of the mayor and council, have general charge, direction and control of all work in the streets, sidewalks, culverts and bridges of the city, and shall perform such other duties as the council may require.

Sec. 29. The emoluments of no officer, whose elec- No increase in tion or appointment is required by this chapter, shall be increased or diminished during the term for which

Commissioner, Passage of ordinances. 6 Neb., 13.

salaries.

Care of streets and bridges.

he shall have been elected or appointed, and no person who shall have resigned or vacated any office shall be eligible to the same during the time for which he was elected or appointed, when during the same time the emoluments have been increased.

Sec. 30. On the passage or adoption of every resolution or order to enter into a contract by the mayor or council, the yeas and nays shall be called and recorded; and to pass or adopt any by-law, ordinance, or any such resolution or order, a concurrence of a majority of the whole number of members elected to the council shall be required. All appointments of the officers by any council shall be made viva voce, and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment shall be recorded.

SEC. 31. The mayor and council shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the city, and shall cause the same to be kept open and in repair, and free from nuisances. But all public bridges, exceeding sixty feet in length, over any stream crossing a state or county highway, shall be constructed and kept in repair by the county.

SEC. 32. No charge or assessment.of any kind shall be made or levied on any wagon or other vehicle, or the horses thereto attached, or on the owner bringing produce or provisions to any of the markets in the city, or standing in or occupying a place in any of the market places of the city, or in the streets contiguous thereto, on market days and evenings previous thereto; but the mayor and council shall have full power to prevent forestalling, to prohibit or regulate huckstering in the markets, to prescribe the kind and description of articles which may be sold, and the stand or places to

Regulate buckstering.

money.

be occupied by venders, and may authorize the immediate seizure and arrest, or removal from the markets, of any persons violating its regulations as established by ordinance, together with any article of produce in their possession, and the immediate seizure and destruction of tainted or unsound meat or other provisions.

SEC. 33. All ordinances and resolutions, or orders Appropriating for the appropriation or payment of money, shall re- 6 Neb., 13. quire for their passage or adoption the concurrence of a majority of all members elected to the council. Ordi. nances of a general or permanent nature shall be fully and distinctly read on three different days, unless threefourths of the council shall dispense with the rule. Ordinances shall contain no subject which shall not be clearly expressed in its title, and no ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended, and the ordinance or section so amended shall be repealed.

SEC. 34. All claims against the city must be pre- Claims against sented in writing, with a full account of the items, ver- 11 Neb., 265. ified by the oath of the claimant or his agent that the same is correct, reasonable, and just, and no claim or demand shall be audited or allowed unless presented and verified as provided for in this section. Provided, No costs shall be recovered against such city in any action brought against it for any unliquidated claim which has not been presented to the city council to be audited; nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed, with the interest due.

Sec. 35. Upon allowance of claims by the council, Payment o the order for their payment shall specify the particular fund or appropriation out of which they are payable, as specified in the annual appropriation bill, to be

claims.

Taxes.

passed in the manner hereinafter provided, and no order or warrant shall be drawn in excess of seventy-five per centum of the current levy for the purpose for which it is drawn, unless there shall be sufficient money in the treasury at the credit of the proper fund for its payment, and no claim shall be audited or allowed, except an order or warrant for the payment thereof may legally be drawn.

Sec. 36. The council of each city shall, at the time provided by law, cause to be certified to the county clerk the percentage or number of mills on the dollar of tax levied for all city purposes by them on the taxable property within said corporation for the year then ensuing, as shown by the assessment roll for said year, including all special assessments and taxes assessed, as hereinbefore provided, and said clerk shall place the same on the proper tax list, to be collected in the manner provided by law for the collection of state and county taxes in the county where such city is situated, and in all sales for any delinquent taxes for municipal purposes, if there be other delinquent taxes due from the same person, or lien on the same property, the sale shall be for all the delinquent taxes; and such sales and all sales made under or by virtue of this section or the provisions of law herein referred to, shall be of the same validity, and in all respects be deemed and treated as though such sales had been made for the delinquent state and county taxes exclusively. The amount which may be so certified, assessed and collected shall not exceed ten mills on the dollar to defray its general and incidental expenses, in addition to any special assessments or special taxes, or amounts assessed as taxes under the provisions of this chapter, and such sum as may be authorized by law to be levied for the payment of outstanding bonds and debts.

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