Army, Provided, however that the Commanding officer shall detail a competent officer to defend accused.

History.-Laws 1905, H. R. 156, sec. 57; in force April 3.

7257. President of court martial-Duties.

The president of a courtmartial may issue subpoenas, enforce the attendance of witnesses, and punish a refusal to be sworn or to answer as provided in civil actions.

History-Laws 1905, H. R. 156, sec. 58; in force April 3.

7258. Oaths-How administered before court martial.

The president and judge advocate of a court martial, or of a company court of discipline shall have authority to administer all oaths and affirmations which may be necessary in the transactions of business of said courts.

History.-Laws 1905, H. R. 156, sec. 59; in force April 3.

7259. Review of findings of military court.

The proceedings, findings, and sentences of all military courts shall, unless otherwise ordered by the Commander-in-chief, be reviewed by the judge advocate general, who shall endorse his opinion thereon. Provided, that in time of peace no sentence of a military court shall be carried into effect unless the same shall have received the approval of the Commander-in-chief, except the sentence. of a summary court or company court of discipline.

History.-Laws 1905, H. R. 156, sec. 60; in force April 3.

7260. Collection of fines of military court.

When tines assessed by courts martial or company courts of discipline are not paid within ten days after the sentence is approved by the Commander-inchief, and return to the immediate commanding officer of the party so assessed, a list of said fines, with the names of the delinquents, shall be placed in the hands of a justice of the peace within the counties in which the delinquents respectively reside, and said justice shall thereupon issue process and render judgment upon proof against such delinquents separately (the record of the military court to be considered as proof), together with the costs of the suit, and shall issue execution thereon, directed to any constable of the proper township, who shall collect the same.

History.-Laws 1905, H. R. 156, sec. 61; in force April 3.

7261. Company dues-How collected.

Dues levied by the by-laws of any company or band may be collected by civil suit, and all suits for the collection of fines or dues shall be brought in the name of the state of Nebraska, for the use of the company or band; but in no case shall the state pay any costs of such suit.

History.-Laws 1905, H. R. 156, sec. 62; in force April 3.

7262. Fines and penalties deducted from pay.

Commanding officers may deduct from the pay of any member of their command the amount of all fines, penalties, and dues from each member under the by-laws of such company, or any provision of this Act.

History.-Laws 1905, H. R. 156, sec. 63; in force April 3.

7263. Pay rolls-How prepared.

Pay rolls for services shall be forwarded in duplicate to the adjutant general within ten days after such services, by brigade, regimental, and company commanders, with their certificates and oaths, that the persons therein named have performed the duties and are entitled to the pay therein specified. Within ten

days after the receipt of such pay rolls, the adjutant general shall, if approved by the Commander-in-chief and himself, forward one of said pay rolls to the Auditor of Public Accounts.

History.-Laws 1995, H. R. 156, sec. 64; in force April 3.

7264. Auditor draw money on pay roll.

The Auditor of Public Accounts is hereby authorized and required on presentation of the proper vouchers and pay rolls to draw his warrant on the State General Fund and against the appropriation made by the legislature for the support and maintenance of the National Guard.

History.-Laws 1905, H. R. 156, sec. 65; in force April 3.

7265. Adjutant general ask legislature for appropriation.

The adjutant general shall report to the legislature on or before the first day of each biennial session thereof the amount of funds required for the pay of officers and enlisted men, armory rent, and transportation, care of clothing, arms, equipments, and tentage; and for the purchase of rations, fuel, forage, and stationery; and the legislature may provide by an appropriation out of the State General Funds a sufficient sum to meet the requirements of this Act. History-Laws 1905, H. R. 156, sec. 66; in force April 3.

7266. Commissioned officers administer oaths.

All commissioned officers of the Nebraska National Guard are hereby authorized and empowered to administer oaths and affirmations to written affidavits necessary for the due administration of military business.

History.-Laws 1905, H. R. 156, sec. 67; in force April 3.

7267. Officers and men excused from poll tax and jury duty.

The officers and enlisted men of the Nebraska National Guard shall be exempt from working on roads and highways, and from the payment of any poll tax levied for that purpose, and shall be exempt from sitting on any grand or petit jury within this state while an active member.

History.-Laws 1905, H. R. 156, sec. 68; in force April 3.

7268. Not exempt from military or fire duty.

No member of the Nebraska National Guard shall be exempt or relieved from military duty by membership or service in any fire company. History.-Laws 1905, H. R. 156, sec. 69; in force April 3.

7269. Pension for disabled soldier.

If any member of the Nebraska National Guard is wounded or otherwise disabled, or is killed or dies of wounds received while doing military duty according to law, in case of invasion, insurrection, or disturbance of the peace, he, his widow or children, shall receive from the state such just and reasonable relief as the legislature shall deem proper.

History.-Laws 1905, H. R. 156, sec. 70; in force April 3.

7270. Muster not held on election day.

No muster, or assembly for instruction, review, or parade shall be held or called in any county, or on any day during which a general or special election shall be held therein, except in case of riot, invasion, insurrection, or imminent danger thereof, and then only by the order of the Commander-in-chief; and if any officer shall order such muster, assembly, review, or parade, he shall upon conviction thereof be fined in any amount not less than twenty-five dollars ($25) · nor more than one hundred ($100) dollars.

History.-Laws 1905, H. R. 156, sec. 71; in force April 3.

7271. Military organization unlawful-When.

It shall not be lawful for any body of men whatever, other than the regularly organized Nebraska National Guard of the state, and the troops of the United States, to associate themselves together as a Military Company or organization, or to drill or parade with arms within the limits of this state, without the license of the governor, which license may at any time be revoked. Provided, that students in educational institutions may, with the consent of the governor, drill and parade with arms in public, and take part in any encampment, under the command of their military instructor, and while so encamped shall be governed by the rules and regulations for the government of the National Guard, and shall be subject to the orders of the commanding officer of such encampment. Provided further, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords.

History.-Laws 1905, H. R. 156, sec. 72; in force April 1

7272. Penalty for unauthorized drilling.

Whoever offends against the provisions of the preceding section, or belongs to or parades with any such unauthorized body of men with arms, shall be punished by a fine not exceeding one hundred dollars ($100), or by imprisonment in the common jail for a term not exceeding thirty days.

History.-Laws 1905, H. R. 156, sec. 73; in force April 3.

7273. Officer arrest lawbreaker.

Any commissioned officer of the several commands shall have the ordinary powers of a sheriff to arrest any officer or enlisted man for the commission of any crime punishable under the laws of the state, while on any duty authorized by this Act, and may proceed against such offender by information or complaint before any court of law having jurisdiction of such offense and may call to his aid as many of his men as may be necessary to make the arrest. History-Laws 1905, H. R. 156, sec. 74; in force April 3.

MILLS AND MILL-DAMS.

7300

9. Where a sheriff's deed, made as a result of foreclosure of the mortgage, properly conveys realty consisting of mill property, together with the appurtenances thereto belonging, the easements appurtenant to the mill property and necessary to its use and enjoyment pass as appur7314. Plaintiff's title to the mill site.

tenances to the mill. The right to maintain a mill pond upon the land of another does not deprive the owner of the land of any use thereof which does not interfere with the enjoyments of the easement. Johnson v. Sherman Co. Irr. Co., Neb. -; 98 N. W. R. 1096.

If the petition is brought to obtain leave to build a mill or mill-dam, or both, and such leave is granted, the plaintiff shall, upon paying respectively to the persons entitled, the value of the tract so located, and the damages assessed on the inquest aforesaid, become seized in fee simple of the said tract of land; but if he shall not within one year after the final adjudication, begin to build said mill, and finish the same within three years, and afterwards continue it in good repair for public use for the period of ten years, or, in case said mill and dam, or either of them be destroyed, before the expiration of said ten years, if he shall not begin to rebuild the same within two years after such destruction, and finish the erection thereof within five years thereafter, the said tract of land will revert to the former proprietor and his heirs, unless at the time of such destruction the owner of such mill be an infant, or imprisoned, or of unsound mind, in which case the length of time above specified shall be allowed after such disability is removed :*

but in case said mill and mill-dam are erected and kept in repair as above specified for the period of ten years, then the title to the said tract of land and the right to maintain a mill and mill-dam, or either of them thereon, shall become absolute.

History. Amended and all after* added 1905, S. F. 97; in force July 1.

CHAPTER XXXVII.-MUNICIPAL CORPORATIONS.
OMAHA CHARTER.-80,000 OR OVER.

ARTICLE I-METROPOLITAN CITIES.-OMAHA.

7450. Cities of metropolitan class.
7451. Corporate limits-Merger.
7452. Wards and election precincts.
7453. Ward boundaries-Election of
councilmen.

7454. Election of city officers.
7455. First election-Term of office.
7456. Polls open-Qualification
electors-Returns.

7457. Pay of election officers.
7458. Qualifications of councilman.
7459. Organization of council.
7460. Council-Quorum-Regular
meetings.

of

7461. Special meeting-Notice.
7462. Penalty for absence-Failure to
report.

7463. Compel attendance of witnesses.
7464. Enactment of ordinances.
7465. Franchise must pay annuity.
7466. Proof of ordinances.
7467. Salaries and fees.

7468. Pay of firemen and policemen.
7469. Pay of fire and police commis-
sioners.

7470. Pay of special officers and agents.

7471. No extra pay to officers.

7472. Penalty for voting for extra pay.

7473. Pay roll-How certified-Allowed.

7474. Mayor-Jurisdiction outside of city.

7475. Mayor appoint officers.

7476. Mayor's duties in enforcing law.

7477. Mayor approve appropriation ordinance.

7478. Who act in mayor's absence. 7479. Treasurer Duties

sibility.

Respon

7480. Treasurer

ers.

Deputies Pow

7481. Treasurer make monthly report.

7482. Fines and penalties-How disposed of.

7483. Treasurer-Keep funds inviolate.

7484. County treasurer act as city

treasurer.

7485. Treasurer member board of
education.

7486. Comptroller-Duties of.
7487. Deputy comptroller.
7488. City clerk-Duties of.
7489. Deputy city clerk.
7490. City attorney-Duties of.
7491. Assistant city attorney.
7492. City prosecutor-Duties of.
7493. City engineer-Duties of.
7494. City engineer inspect improve-