6116b. Annual levy to pay road district debt.

In case the five mill levy hereinbefore mentioned shall not be sufficient to pay the entire amount of the indebtedness of the various road districts, the County Board, in such counties where a deficiency exists, shall annually thereafter make other levies for this purpose, not exceeding five mills on the dollar in any one year until all indebtedness against the road districts in such county shall have been paid. History.-Laws 1905, H. R. 217, sec. 2; in force March 28.

Se s. 6129a to 6129d. An act to provide a more efficient means of improving the public highways in the state of Nebraska, to provide the means of raising revenue therefor, and authorizing road districts, precincts, and townships to direct levies for said purposes. Gould's highway improvement bill. 1905, S. F. 181; in force July 1.

6129a. Levy to improve public road.

Whenever a majority of the resident freeholders of any road district, precinct, or township in the state of Nebraska shall petition the County Board of the county in which said district is located, to levy an assessment of twenty-five mills or less upon the taxable property in said road district to make improvements in the public highways in said road district, precinct or township, it shall be the duty of the County Board to make said assessment as requested not exceeding twentyfive mills on the assessed valuation of the assessable property in said road district, precinct or township, at the valuation fixed by the assessor, or Board of Equalization, to be levied and collected as other taxes are levied and collected. Said taxes shall be and become a part of the district road fund of said district, precinct or township, in which same are levied, and the same shall be used exclusively in improving the public highways in said district, precinct or township, and shall not be transferred to any other fund. A like levy of twenty-five mills or less may be made each year as often as requested by a majority of the resident freeholders of said district, precinct or township.

History.-Laws 1905, S. F. 181, sec. 1; in force July 1.

6129b. Work let to lowest bidder.

It shall be the duty of the County Surveyor to make and file with the County Clerk estimates of the amount of work required to make any contemplated improvement upon the public highway or highways in any road district, precinct or township in his county, and estimates of the expense of completing said work, and the County Board shall advertise for bids for said work for a period of at least ten days in some newspaper published in the county where said work is to be performed, and to let bids to the lowest and best bidder for the performance of said work, and said County Board shall have the discretionary power to reject any and all bids for sufficient cause. When the bid is accepted by the County Board, the bidder shall enter into sufficient bond with the county for the use and benefit of said road district, precinct, or township, for the faithful execution of his contract, and for the payment of all laborers employed in the performance of said work, and for the payment of all damages which the County or said road district, precinct, or township may sustain by reason of any failure to perform the work in the manner stipulated. It shall be the duty of the Board of County Commissioners to determine whether or not said work is performed in keeping with said contract before paying for the same.

History.-Laws 1905, S. F. 181, sec. 2; in force July 1.

6129c. County board designate roads to be improved.

It shall be the duty of the County Board to designate the road or roads and parts of roads upon which said work is to be performed. History.-Laws 1905, S. F. 181, sec. 3; in force July 1.

6129d. This act cumulative to older acts.

This Act shall not be construed as amending or modifying any existing law pertaining to roads, but as an additional and cumulative provision for improving the public highways.

History.-Laws 1905, S. F. 181, sec. 4; in force July 1.

Secs. 6167 to 6178. An act requiring registration of motor vehicles and regulating their use or operation upon the highways or streets. Hand's motor vehicle bill. 1905, H. R. 146; in force July 1.

6167. Motor vehicles defined.

The words and phrases used in this act shall, for the purpose of this act only, be construed as follows: 1, "Motor vehicles," shall include all vehicles propelled by any power other than muscular power, excepting such motor vehicles as run only upon rails or tracks, provided that nothing herein contained, shall apply to tracks and engines or road rollers; 2, "closely built up portions," shall mean the territory of a city, town or village, contiguous to a public highway devoted to business or where for not less than one-fourth (4) of a mile the dwelling houses. on such highways average not more than one hundred (100) feet apart. History.-Laws 1905, H. R. 146, sec. 1; in force July 1.

6168. Name of owner and description of vehicle filed with secretary of state. Every owner of a motor vehicle shall, for every such vehicle owned by him, file in the office of the Secretary of State a statement of his name and address, with a brief description of the vehicle to be registered, on a blank prepared and furnished by such Secretary for that purpose. The filing fees be One Dollar ($1.00).

History.-Laws 1905, H. R. 146, sec. 2; in force July 1.

6169. Secretary of state register motor vehicles.

The Secretary of the State shall thereupon file such a statement in his office, register such motor vehicle in a book to be kept for that purpose and assign it a number beginning with number one (1) and so on in the order of filing. History.-Laws 1905, H. R. 146, sec. 3; in force July 1.

6170. Registration where vehicle changes owners.

Every person acquiring a motor vehicle shall file a like statement with the Secretary of State and such Secretary of the State shall, in like manner, file such statement, register such vehicle and assign it a number. If the vehicle has previously been registered, and such fact and number assigned it shall be set forth in the statement, and the previous registration shall be cancelled: but the number of such previous registration may be assigned under the new registration. History.-Laws 1905, H. R. 146, sec. 4; in force July 1.

6171. Seal number displayed on motor.

The Secretary of State shall forthwith on such registration and without other fee, issue and deliver to the owner of such motor, vehicle, a seal of aluminum or other suitable metal, which shall be circular in form, not over two inches (2) in diameter, and have stamped therein the words "Registered in the office of the Secretary of State for the State of Nebraska, under the motor vehicle law, No. ." with the registration number inserted therein: which seal shall thereafter at all times be conspicuously displayed on the motor vehicle to which such number has been assigned.

History.-Laws 1905, H. R. 146, sec. 5; in force July 1.

6172. Number and letters on motor.

Every motor vehicle shall also at all times have the number assigned to it by the Secretary of State displayed on the back of such motor vehicle in such a manner as to be plainly visible, the number to be Arabian numerals, each not less than three (3) inches in height, and each stroke to be of a width not less than one-half (2) inch, and also as a part of such number the initial and terminal letters of the State's name, such letters to be not less than two (2) inches in height. History-Laws 1905, H. R. 146, sec. 6; in force July 1.

6173. How far law applicable to non-residents.

The provision of section two (2) to five (5) [6168-71] inclusive shall not apply to motor vehicles owned and operated by non-residents of this state, provided the owners thereof have complied with any law requiring the registration of owners of motor vehicles in force in the State, territory or federal district of their residence, and the registration number showing the initials of such state, territory or federal district, shall be displayed on such vehicles substantially as provided by section six (6) of this act.

History.-Laws 1905, H. R. 146, sec. 7; in force July 1.

6174. Law of the road-Speed.

No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person, or in any event in the closer built up portions of a city, town or village, at a greater rate than one (1) mile in six (6) minutes, or elsewhere in a city, town or village at a greater rate than one (1) mile in four (4) minutes, or elsewhere outside of the city, town or village at a greater average rate than twenty (20) miles per hour: subject, however, to the other provisions of this section. Upon approaching a crossing of intersecting public highways, or a bridge, or a sharp curve, or a steep descent, and also in traveling such crossings, bridges, curves or descent, a person operating a motor vehicle shall have it under control and operated at a rate of speed less than heretofore specified, and in no event greater than is reasonable and proper, having regard to the traffic then on such highways and the safety of the public.

History.-Laws 1905, H. R. 146, sec. 8; in force July 1.

6175. Duty in approaching team.

Any person operating a motor vehicle shall at request or on signal by putting up the hand, from a person riding or driving a restive horse or other daught or domestic animal, bring such motor vehicle immediately to a stop, and, if traveling in the opposite direction remain stationary so long as may be reasonable to allow such horse or animal to pass, and, if traveling in the same direction, use reasonable caution in passing such horse or animals, and the operator or occupant of

any motor vehicle shall render necessary assistance to the party having in charge such a horse or other draught animal in so passing. History.-Laws 1905, H. R. 146, sec. 9; in force July 1.

6176. Brakes, bell, or other signal-Lamps.

Every motor vehicle while in use, on a public highway shall be provided with a good and sufficient brakes, and also with suitable bell, horn or other signal, and be so constructed as to exhibit, during the period from one (1) hour after sunset to one (1) hour before sunrise, one or more lamps showing white lights visible within a reasonable distance toward which such a vehicle is proceeding, and also a red light visible in the reverse direction.

History-Laws 1905, H. R. 146, sec. 10; in force July 1.

6177. Cities and towns regulate use of motors.

Cities and towns shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring of any owner or operator of a motor vehicle any license or permit to use the public highway or exclude or prohibit any motor vehicle whose owner has complied with section two (2) [6168] or section four (4) [6170] of this act from the free use of such highways, and all such ordinances, rules or regulations now in force, are hereby declared to be of no validity or effect: provided that nothing in this act shall be construed as limiting the power of local authorities to make and force and maintain an ordinance, rules or regulations, in addition to the provisions of this act, affecting motor vehicles which are offered to the public for hire.

History.-Laws 1905, H. R. 146, sec. 11; in force July 1.

6178. Penalty for violation of act.

The violation of any of the provisions of this act, shall be deemed a misdemeanor, punishable by fine not exceeding Twenty-five Dollars ($25.00) for the first offense, and punishable by a fine not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or imprisonment not exceeding thirty days (30) in the county jail for a second or subsequent offense. History.-Laws 1905, H. R. 146, sec. 12; in force July 1.

6200

HOMESTEADS

49. A homestead may be composed of contiguous parts of different governmental subdivisions. Tindall v. Peterson, -; 98 N. W. R. 688.

Neb.

50. Homestead right may apply to government land taken under preemption or timber culture law. Hill v. Pitt, 2 Unoff. 151; 96 N. W. R. 339.

51. The courts of this state have no jurisdiction to try and determine the validity of homestead entries duly allowed by the officers of the land department of the general government. A party entering public lands as a homestead is entitled to the possession thereof, and can not be enjoined from exercising his right of possession by one who without right held a prior possession. A lease of the land by the homesteader gives the lessee a like right of possession. Tiernan v. Miller, Neb. -; 96 N. W. R. 661.