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2691. Special engineer.-The mayor and council may, whenever they deem it expedient, employ a special engineer to make or assist in making any particular estimate or survey, and any estimate or survey made by such special engineer shall have the same validity and serve in all respects as though the same had been made by the city engineer.

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2692. 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, and shall have jurisdiction concurrent with justices of the peace, 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 two hundred dollars ($200), or the imprisonment three months; and he shall have also such concurrent jurisdiction for the examination of offenders against the laws of the state for offenses arising within the city limits.

2693. Same-Powers-Duties.-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 Sundays, except to receive complaint, issue process, and take bail. He shall have power to enforce due obedience to all orders, rules, and judgments made by him; he shall have the same power as the district court in the issuing of warrants, subpoena, or other process that may be necessary, 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.

2694. Same-Appeal.-In all cases before the police judge arising under the ordinances of the city, wherein the fine assessed exceeds the sum of ten dollars or the imprisonment ten days, an appeal may be taken by the defendant to the district court in and for the county in which said city is situated; but no appeal shall be allowed unless such defendant shall within ten days enter into recognizance with sufficient securities, to be approved by the judge, conditioned for the payment of the fine and costs of appeal, if it should be determined against the appellant.

2695. Same-Error.--On the trial of any case in the police court it shall be the duty of the police judge to sign any bill of exception tendered to the court during the progress of such trial; Provided, The truth of the matter be fairly stated, and thereupon said exception 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 staid as may be deemed reasonable; and the revising courts shall in such proceedings take judicial notice of all ordinances of the city.

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2696. Same-Complaints. Whenever complaints 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, the police judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the city council, policeman, the sheriff, or a constable of the county, or some person specially appointed by the police judge for that purpose.

2697. Fines and Penalties.-All fines and penalties collected arising from a breach of ordinances of the city shall be paid to the city treasurer, and all fines and penalties collected, arising from misdemeanors under the laws of the state, shall be paid to the county treasurer, and the police judge shall report at the end of each calendar month a list of all cases for violation of city ordinances instituted in his court and the disposition thereof, with a statement of the fines, penalties, and costs by him received, and shall at the end of each month pay to the city treasurer all

such fines by him received, and in the event that the police judge shall fail to make report as herein provided for the period of ten days, his office shall be declared

vacant.

2698. Trial. When any person shall be brought before the police judge upon such warrant, it shall be his duty to hear and determine the complaint alleged against the defendant.

2699. Recognizance. Upon good cause the police judge may postpone the trial of a case to a day certain, in which case he shall require the defendant to enter into recognizance, with sufficient security, conditioned that he will appear before said judge at the time and place appointed, then and there to answer the complaint alleged against him.

2700. 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.

2701. Witnesses.-It shall be the duty of said judge to summon all personswhose 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.

2702. 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.

2703. 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.

2704. 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 in the county court.

2705. Proceedings.—In all cases not herein specially provided for, the pro

cess and proceeding before the judge shall be governed by laws regulating proceed ings in justices' courts in criminal cases.

2706. 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.

2707. 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.

2708. Punishment.-Any person convicted before the judge of any offense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordinance.

2709. Working prisoner.-Whenever the defendant is sentenced to impris onment 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.

2710. Vacancy in office. In case of a vacany 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 therof, 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.

2711. 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 tracts, including the approaches to such viaduct or viaducts as may be deemed and declared by the mayor or. 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 to 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.

C. IN GENERAL.

Sec. 2712. "An act empowering the mayor and council in cities of the first class to license and regulate the keeping of toll bridges; to fix the rate of toll and to authorize the collection of the same. 1871, p. 26. In force February 8.

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2712. That the mayor and council in any city of the first class shall have power to license and regulate the keeping of toll bridges within or terminating within the city, for the passage of persons 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. 2713. "An act to provide for the levy of a tax in cities of the first class for the payment of sewers already contracted." 1881, p. 160. In force June 1.

2713. That in cities of the first class the mayor and council shall levy a tax in each year in addition to all other taxes, in the manner provided by law for the levy of other taxes, of one and one-half mills on the dollar of the assessed valuation of all the taxable property in said city, to pay all indebtedness heretofore incurred for the construction and maintenance of any main sewer or sewers or branches thereof and draw warrants therefor on the fund so provided for; Provided, That before any payment shall be made under the provisions of this act the value of said sewers shall be ascertained by the inspection and appraisement of three disinterested experts, who shall be appointed for that purpose, one of whom shall be selected by the mayor and council of such city within which such sewer or sewers may have been constructed, one by the contractors who constructed such sewer or sewers, and the third to be chosen by the two experts so selected, who shall first be sworn to make a true and impartial appraisement of the value of such sewer or sewers upon actual inspection and measurement, and who shall return their appraisement in writing to the mayor of such city and said appraisement being so returned, and said sewer or sewers accepted by said mayor and council, the same shall be paid with interest thereon at the rate provided by law when such indebtedness accrued ; Provided further, That in no case shall payment be made in excess of the contract price and interest thereon, from the date of such accrued indebtedness, under which such sewers may have been constructed.

Sec. 2714. "An act to empower and require county commissioners to divide precincts into two or more voting districts in certain cases for general election purposes, and to conform to ordinances of cities of the first class in relation thereto. 1883, p. 183. In force February 28.

2714. Whenever the mayor and city council of any city of the first class in this state shall by ordinance divide any ward of such city into two or more voting or polling districts, the board of county commissioners of the county in which such city is located shall, for general election purposes also, at their next regular session after the taking effect of said ordinance, order the establishment of said voting or polling districts in conformity with the provisions of said ordinance, and shall appoint judges and clerks of election for such polling districts as appointments are now made when a vacancy exists in such offices.

Secs. 2715 to 2720. "An act to provide for viaducts, bridges, and tunnels in certain cases in cities of the first class." 1885, p. 109. In force March 4.

2715. That the mayor and city council in any city of the first class shall have power, whenever they deem any improvement herein provided for necessary for the safety and convenience of the public, to engage and aid in the construction of any viaduct or bridge over or tunnel under any railroad track or tracks, switch or switches in such cities, when such tracks or switches cross or occupy any street, alley, or highway thereof in the manner and to the extent hereinafter provided.

2716. Whenever any such viaduct, bridge, or tunnel shall be deemed necessary, as provided in the preceding section, the mayor and city council shall have the power to secure and adopt plans and specifications therefor, together with the estimated cost of the work, and thereupon, if the railroad company or companies across whose track or switches the work is proposed to be built will assume threefifths (3) of the entire cost thereof and three-fifths (3) of all damages to abutting property on account of construction of said viaduct, bridge, or tunnel, and secure to the city the payment of the necessary funds to meet it as the work progresses, in such manner and with such security as the mayor and the city council shall require, and when the payment of the further sum of one-fifth (1) of the money required for such improvement is arranged for in a manner satisfactory to said mayor and council, either by private donation or by execution of good and sufficient bond as will protect said city from the payment of said one-fifth (†), then the said mayor and council may proceed to contract with the necessary party or parties for the construction of such viaduct, bridge, or tunnel under the supervision of the board of public works of such city, and to provide for the payment of one-fifth (1) of the costs thereof by the city, by special tax on all taxable property in such city, and one-fifth (1) by special tax to property benefited, as provided in the following section, if not otherwise provided for.

2717. The money necessary to pay for two-fifths (3) of the entire cost of any such viaduct, bridge or tunnel, which the city is to bear, shall be raised as follows, viz: one-fifth () of the entire cost of the work, or so much thereof as shall be covered by special benefits, shall be paid by special assessment or special taxation of real property benefited by said improvement, which benefits shall be appraised and assessed by the mayor and council upon property benefited, and according to benefits, and in such manner as said mayor and council shall direct and determine; such assessment to become due and payable within fifty days after the levy is made; and the payment of all such assessments shall be enforced in the same manner, and with like penalties for delinquencies, as are provided in the case of special assessments for the paving of streets in such city. And the remainder one-fifth (3), together with two-fifths () the cost of damages to abutting property, required to be paid, shall be paid by said city, and shall be paid out of a special fund created and raised for the purpose of defraying the cost of such improvement, and by a tax on all the taxable property within the city; and such tax to be levied when ordered by the mayor and council, and payable at the same time as the city taxes for general city purposes.

2718. The city, with the assent of the railway company or companies aiding in the construction of any such viaduct, bridge or tunnel, as herein provided, may permit any street railway company to build its street railway track and operate its railway upon or through the same, upon such terms and conditions, and for such compensation as shall be agreed upon between the city and the street railway company. And the compensation paid for such use shall be set apart and used towards the maintainance of such viaduct, bridge, or tunnel.

2719. Before entering upon the construction of any work contemplated by this act, the said mayor and council shall provide for assessing and appraising the dam

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