held to be a separate and distinct offense, and in addition to the penalty herein provided any such company or companies shall be compelled by mandamus or other appropriate proceedings to erect, construct, reconstruct, or repair any viaduct as may be required by ordinance as herein provided. The mayor and council shall also have power whenever any railroad company or companies shall fail, neglect, or refuse to erect, construct, reconstruct, or repair any viaduct or viaducts after having been required so to do as herein provided, to proceed with the erection, construction, reconstruction, or repair of such viaduct or viaducts by contract or in such other manner as may be provided by ordinance, and assess the costs of the erection, construction, reconstruction, or repair of such viaduct or viaducts against the property of the railroad company or companies required to erect, construct, reconstruct, or repair the same, and such cost shall be a valid and subsisting lien against such property, and shall also be a legal indebtedness of said company or companies in favor of such city, and may be enforced and collected by suit in the proper court. [Amd. 1893, chap. 3, § 7.]

SEC. 49. [Bridges.]-The mayor and council shall have power to construct any bridge declared by ordinance necessary and proper for the passage of railway trains, street cars, or motor trains, or teams and pedestrians across any stream either adjacent to or wholly within any city of the metropolitan class at any point on such stream, or within two miles from the corporate limits of such city with such conditions and regulations concerning the use of such bridge as may be deemed proper, and shall have power to license and regulate the keeping of toll bridges within or terminating within the city for the passage of persons, teams, 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. [Amd. 1893, chap. 3, § 8.]

SEC. 50. [Street lighting-Electric wires.-The mayor and council shall have power to regulate and provide for the lighting of streets, laying down gas pipes, and erection of lamp posts, electric towers, or other apparatus, and to regulate the sale and use of gas and electric lights, and fix and determine the price of gas, the charge of electric light, and the rent of gas meters within the city, and regulate the inspection thereof, and to regulate telephone service and the use of telephones within the city, and to fix and determine the charges for telephones and telephone service connections, and to prohibit or regulate the erection of telegraph, telephone, or electric wire poles, or other poles for whatsoever purpose desired or used in the public grounds, streets, or alleys, and the placing of wires thereon, and to require the removal from the public grounds, streets, or alleys of any or all such poles, and to require the removal and placing under ground of any or all telegraph, telephone, or electric wires. [Amended 1889, chap. 13.]

SEC. 51. [Appropriate money.]-The mayor and council shall have power to appropriate money and provide for the payment of the debts and expenses of the city. SEC. 52. [Fire department.]—The mayor and council shall have power to provide for the organization and support of a fire department and to establish regulations for the prevention and extinguishment of fires.

SEC. 53. [Night police.]-The mayor and council shall have power to establish, regulate, and support night watch and police, and to define the duties thereof, except as otherwise herein specially provided. [Repealed, Laws 1889, chap. 13.]

SEO. 54. [Trees Birds.]-The mayor and council shall have power to provide for the planting and protection of shade or ornamental and useful trees, and for the protection of birds, their nests, and eggs.

SEC. 55. [Public buildings.]-The mayor and council shall have power to erect, designate, establish, maintain, and regulate hospitals, or work houses, houses of correction, jails, station-houses, and other necessary buildings. [Amended 1889, chap. 13.]

SEC. 56. [Streets, naming, size-Numbering houses.-The mayor and council shall have power to provide for, regulate, and require the numbering or renumbering of houses along public streets or avenues; to care for and control, to name and rename streets, avenues, parks, and squares within the city; to provide for the opening, vacating, widening, and narrowing of streets, avenues, and alleys within the city, under such restrictions and regulations as may be provied by law; Provided, That no street or avenue shall be narrowed to a width of less than sixty-six feet, except on petition of two-thirds of the owners of the lots and real estate along that portion of the street or avenue narrowed.

SEC. 57. [Street advertising.]—The mayor and council shall have power to regulate and prevent the use of streets, sidewalks, and public grounds for signs, sign posts, awnings, awning posts, scales, or other like purposes; to regulate and prohibit the exhibition, or carrying, or conveying of banners, placards, advertisements, or the

SEC. 53. Control of police regulated by Sec. 145, 22 Neb., 463.

distribution or posting of advertisements, or hand bills in the streets or public grounds, or upon the sidewalks.

SEC. 58. [Weights and measures.]-The mayor and council shall have power to provide for the inspection of weights and measures, and prohibit the use of any imperfect weights or measures or weighing apparatus.

SEC. 59. [Libraries.]-The mayor and council shall have power to establish and maintain public libraries, reading rooms, art galleries, and museums, and to provide the necessary grounds or buildings therefor; to purchase books, papers, maps, manuscripts, and works of art and objects of natural or scientific curiosity and instruction, therefor, and to receive donations and bequests of money or property for the same in trust or otherwise. They may also pass necessary by-laws and regulations for the protection and government of the same. [Amended 1889, chap. 13.]

SEC. 60. [Sewers.]-The mayor and council shall have power to lay off the city, or parts thereof, into suitable districts for the purpose of establishing a system of sewerage and drainage; to provide such system and regulate the construction and repairs and use of sewers and drains, and of all proper house construction and branches, and provide penalties for any obstruction of, or injury to any sewer or part thereof, and to require and compel sewer connections to be made.

SEC. 61. Water Works-Subways-Gas and electric plants.]—she mayor and council shall have power to erect, construct, purchase, maintain, and operate subways or conduits, water works, gas works, and electric light plants, either within or without the corporate limits of the city, and shall have power to fix, charge, and' collect a rental or compensation for the use of subways or conduits and of water, gas, or electric lights furnished consumers, and to make all needful rules and regulations concerning the use of such subways, conduits, water, gas, or electric lights, and to do all acts necessary for the construction, completion, management, and control of the same, including the appropriation of private property for the public use in the construction and operation of the same, compensation for such appropriation to be made as is provided by this act, and the mayor and council of each city created or governed by this act shall have power to provide by ordinance or contract with any competent party for the supplying and furnishing of water, gas, or electric light, or electric power, to the public or private consumers within such city, and the rates, terms, and conditions upon which the same may and shall be supplied and furnished during the period named in the ordinance or contract. [Amd. 1893, chap. 3. § 9.1

SEC. 62. [Markets-Public buildings-Protection of property— Water courses.]-The mayor and council shall have power to erect and establish market houses, and make market places, and to provide for the erection of all other useful and necessary buildings for the use of the city, and for the protection and safety of all property owned by the city, and they may locate such market houses and market places, and buildings aforesaid, on any streets, alleys, or public grounds, or on any land purchased for such purpose; to provide for the safety and protection of private property where damages are likely to occur by the action of the elements, or through the carelessness and negligence of any servant or officer of the city; and to establish, alter, and change the channels of streams and water courses within the city, and bridge the same; Provided, That any such improvement costing in the aggregate a sum greater than twenty thousand dollars, shall not be authorized until the ordinance providing therefor shall be first submitted to, and ratified by, a majority of the legal voters of such city voting thereon.

SEC. 63. [Census.]-The mayor and council shall have power to provide for and cause to be taken an enumeration of the inhabitants of the city.

SEC. 64. [Eminent domain.]—The mayor and council shall have power to appropriate private property for the use of the city for streets, alleys, avenues, parks, parkways, or boulevards, sewers, public squares, market places, gas-works, electric light plants, or water-works, including mains, pipe lines, and settling basins therefor, the right and power to appropriate private property for sewers, parks, parkways, or boulevards, electric light plants, and water-works to extend to a distance of ten miles from the corporate limits of the city. All cities of the metropolitan class and all other corporations exercising the right of eminent domain within the corporation limits of such cities, upon condemning private property under such authority, shall cause to be recorded an accurate plat and a clear, definite description of the property so taken in the office of

SEC. 64. City may vacate streets. Fee simple in city. 30 Neb., 512.

register of deeds of the county within which such city is located, within thirty days after the other legal steps for the acquisition of such title shall have been taken. [Amended 1889, chap. 13; 1893 chap. 3, § 10.]

SEC. 65. [Occupation tax.]—The mayor and council shall have the power to tax, license, and regulate pawn brokers, auctioneers, employment agencies, commission merchants, brokers, insurance officers, insurance agents, surveyors, engineers, express interest or business, coal dealers, and also such kind of business or vocation as the public good may require; and the mayor and conncil shall also have the power to tax, license, and regulate sales of bankrupt stocks of goods, and the selling or contracting for sale of any goods, wares, or merchandise by sample, when such goods, wares, or merchandise are thereafter to be sent or delivered to the purchaser. The mayor and council shall also have the power to levy and collect a license tax on shows, caravans, circuses, and exhibitions for pay; billiard tables, ball and ten-pin alleys, without regard to the number of pins used, hacks, drays, or other vehicles used for pay within the city, and may prescribe the compensation for the use of such hacks, drays, and other vehicles. [Amended 1891, chap. 7.]

SEC. 66. [Municipal bonds.]-The mayor and council are hereby authorized and empowered to issue bonds of the city, with interest coupons annexed in such amounts and for such length of time as they may deem proper, the rate of interest not to exceed five (5) per cent per annum except as otherwise in this act provided, for the construction and maintenance of sewers, for the construction and maintenance of subways or conduits, or in the renewal of outstanding bonds of said city, or for the purpose of funding, taking up, and making payment of the floating indebtedness and liabilities of the city, or for the construction of a city hall or other needful buildings for the use of the city, or for the construction of any bridge, or for the appropriation or purchase of gas works, water works, electric light plants, or land therefor, or land for public parks, parkways, or boulevards; all such bonds shall express upon their face the purpose for which they were issued. Provided, The bonded indebtedness of the city, exclusive of district paving bonds, district grading bonds, curbing and guttering bonds, district street improvement bonds, public library building bonds, or bonds issued for the erection of a city hall, or fire engine houses, or the construction of bridges, or for the construction and maintenance of subways and conduits, and bonds issued for park purposes, or for the purchase or appropriation of gas works, water works, or electric light plants, shall not at any time exceed in the aggregate ten (10) per centum of the assessed valuation of the taxable property in the city. Provided, further, No bonds shall hereafter be issued except such renewal bonds, district street improvement bonds, district grading bonds, or bonds for the construction of bridges, or for the construction and maintenance of subways or conduits, or bonds for the purchase or appropriation of gas works, water works, electric light plants, or land therefor, or land for public parks, parkways, or boulevards. in excess of two hundred thousand ($200,000) dollars in any one year, nor until the legal electors of said city shall have authorized the same by a vote of two-thirds of all the electors voting on such propostion at a general, annual, or special election of said city, called after twenty days public notice, stating distinctly the amount and the purpose for which they are to be issued; which bonds or the proceeds from the sale thereof shall not be diverted from the purpose for which they were issued, and shall not be disposed of at less than par. [Amended 1893, chap. 3, § 11.]

SEC. 67. [Sinking fund.]—The sinking fund to redeem at maturity the bonded indebtedness of the city may be used to purchase such bonds, before maturity, on such terms, and in such manner as may be prescribed by ordinance; Provided, That bondholders shall be given an opportunity to compete for the sale of bonds held by them. and the bonds that can be purchased upon the most favorable terms shall be preferred. SEC. 68. [Surveys-Maps.]-The mayor and council shall have power to create a board to be known as commissioners of adjustment, to be composed of the city engineer and two resident free-holders, who shall, as soon as practicable, cause to be surveyed in sections or districts all lots, blocks, streets, alleys, and public grounds within any city of the metropolitan class, not surveyed and platted with fixed monuments and recorded; and such additions within the incorporate limits of such city where discrepancies or uncertainties may exist as to the lines of the streets, alleys, lots, or blocks in such addition; and to make maps of their surveys, in sections or districts, showing thereon the width of every street and alley, and the extent of all squares, parks, and public grounds within such section or district; and to fix monuments as may be necessary for

the preservation of all lines so established. Said commissioners shall also constitute a board of appraisers, who shall appraise all damages sustained by the adoption of such lines and plats, and shall submit a list of such damages to the mayor and city council for their approval or modification, and who shall tender the amount of damages so approved to the party or parties entitled to the same, before the final passage of any ordinance affecting the same, and attach a record of such action to the documents filed with the county clerk; and any person feeling aggrieved by the award of damages may appeal therefrom to the district court within sixty days after approval or modification by the mayor and council. Said commissioners, having completed their survey, maps, and profiles of any specific district, shall deliver the same, with a written report, to the clerk of the city, who thereupon shall publish a notice for three weeks, in the official paper of the city, stating that such report has been made, and that the same, with maps, is open to public inspection in the office of the city engineer, where the same shall be kept during the publication of said notice. Any property owner or other person interested, who shall be dissatisfied with such survey and plats thereof, may, at any time within three months after publication of said notice, file with the clerk of the city objec tions thereto, in writing, stating specifically the grounds and reasons of such objections. After the expiration of such time, in case such objections are so filed, said clerk shall cause said maps, with the written objections thereto, to be returned to said commissioners, who may, after duly considering such objections, modify their reports, if they deem proper. In case no written objections are so filed, or being filed, and having been considered by said commissioners, the said maps and reports shall be submitted to the common council, who shall fix a time and publish a notice thereof in the official paper, and they may hear at such time any objections to said maps and reports, and change the same as they may deem just and proper; and when the same shall have been made satisfactory to the council, such reports as modified shall be adopted by ordinance in due form, and the council shall cause a copy thereof, with such maps and reports, to be filed with the county clerk of the county in which said city is located, and he shall record the same as instruments of real estate are required to be recorded; and afterwards said maps and surveys shall stand as the legal and valid plat of said city, or part thereof, to determine all lines of lots, blocks, streets, alleys, and public grounds, in the parts of said city so surveyed. The report of said board herein referred to shall be construed to mean a report of a majority of said commissioners. The said commissioners shall be appointed by the mayor, subject to the approval of the city council, and in cases of a vacancy happening in said board, by death, resignation, or otherwise, the vacancy shall be filled in like manner. And the mayor and council may by ordinance provide for the preservation and protection of said monuments, and the punishment of any persor or persons removing the same or interfering therewith.

SEC. 69. [Streets, care, etc.— Paving - Curbing — Guttering — Bonds-Taxes.]-The mayor and council shall have power to open, extend, widen, narrow, grade, curb, and gutter, park, beautify, or otherwise improve and keep in good repair, or cause the same to be done in any manner they may deem proper, any street, avenue, or ally within the limits of the city, and may grade partially or to the established grade, or park or otherwise improve any width or part of any such street, avenue, or ally, and may also construct and repair, or cause and compel the construction and repair of sidewalks in such city, of such material and in such manner as they may deem proper and necessary; and to defray the cost and expense of improvements or any of them, the mayor and council of such city shall have power and authority to leey and collect special taxes and assessments upon the lots and pieces of ground adjacent to or abutting upon the street, avenue, ally, or sidewalk thus in whole or in part opened, widened, curbed, and guttered, graded, parked, extended, constructed, or otherwise improved or repaired, or which may be especially benefited by any of said improvements; Provided, that the above provisions shall not apply to ordinary repairs of streets or alleys, and one-half of the expense of bringing streets, avenues, allys, or parts thereof to

the established grade shall be paid out of the general fund of the city except as otherwise hereinafter provided. Provided, that where any street is to be graded under the provisions provided by this section, but not to the established grade, it shall be done only after the owners representing a majority of the front feet of the property abutting on the part of such street to be so partially graded, shall have petitioned the city council for such work to be done; Provided further, that whenever the owners of the lots abutting upon any street or alley or part thereof within said city representing three-fifths (3-5) of the feet front abutting upon such street or alley desired to be graded, shall petition the council to grade such street or alley, or part thereof, without charge to the city, the mayor or council may order the grading done, and assess the cost thereof against the property abutting upon such street or alley, or such part thereof so graded. The total cost of such grading shall be levied and collected in a single payment upon the completion of such work; or, upon petition of not less than three-fifths (3-5) of the feet front along the street or ally so graded, the cost may be made payable in ten (10) equal installments extending over a period of nine years in the same manner, at the same rate, and subject to the same conditions as are payments for paving, curbing, guttering, and like improvements hereinafter spceified. In case of such instalment payment, the mayor and council shall by ordinance create districts embracing the property represented by such petition, and abutting or which said grading was done, to be known as grading districts and numbered consecutively. And for the purpose of paying the cost of such grading within such district-pending payment of the instalments herein provided; the mayor and council are hereby authorized and empowered by ordinance to issue bonds to be called Grading Bonds No.-to run for the same time, to bear the same rate of interest, and be subject to the same and all conditions of sale, use, protection, charge, lein, and liquidation for grading purposes as is hereinafter provided for "District Street Improvement Bonds" issued to cover the cost of paving, curbing, and like improvements. Provided further, That in case the grade of any street or part of street used by the public shall not have been established, or in case any street or part thereof shall not have been worked to grade, then and in such case the owner or owners of any lot, lots, or lands abutting on such streets or portion of streets as aforesaid, shall only be required to construct or repair the sidewalks along such street or part thereof with plank, as the council may direct in such case; And provided further, That in case the owner or owners of any such lot, lots, or land abutting on such street or portion thereof, shall fail to construct or repair such sidewalks in the manner and within the time as directed and required by the council in each case, after having received due notice to do so, they shall be liable for all damages or injuries occasioned by reason of the defective or dangerous conditions of any suoh sidewalk; And, provided further, That curbing and guttering shall not be ordered or required to be laid on any street, avenue, or ally not ordered to be paved, except on the petition of a majority of the owners of the property abutting along the line of that portion of the street, avenue, or ally to be curbed and guttered. The mayor and council shall have power to improve any street or alley, or part thereof in the city, and for that purpose to create suitable street improvements districts, which shall be consecutively numbered, such work to be done under contract, and under the superintendence of the board of public works of the city. Said improvements shall consist of paving, repaving or macadamizing, as well as curbing, if such are necessary on any street or alley ordered by the mayor and council; Provided, That before any improving shall be done upon any street, ally, or avenue in which there are gas or water mains laid, or to be laid, or sewers constructed, or to be constructed, the mayor and city council shall cause all gas, water, or sewer connections to be made as hereafter provided. Whenever the owner of the lots or lands abutting upon the streets or alleys within the street improvement district representing a majority of the feet frontage thereon, shall petition the council to improve such streets or allys, it shall be the duty of the mayor and council to improve the same, and in all cases of paving, repaving, or macadamizing there shall be used such material as such majority of the owners shall determine upon;