or tracks are laid at the point of repair, or such other material as the city council may require and order; and as streets are hereafter paved or repaved street railway companies shall be required to lay in the most approved manner a flat rail to be approved by the city council. The tracks of all railway companies when located upon the streets or avenues of the city, shall be kept in repair and safe in all respects for the use of the traveling public. Said companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair or for obstructing the streets or avenues of any such city, for injuries to persons, or property arising from the failure of such company to keep their tracks in proper repair and free from obstructions, such company shall be liable, and the city shall be exempt from liability. The word "companies" as used in this act shall be taken to mean and include any persons, companies, corporations, or associations owning or operating street or other railway in such city.

7604 (137). City pave railway track at cost of company.

In the event of the refusal of any street railway company to pave, repave or repair as required under the provisions of this act, when so directed by the mayor and council, upon the paving and repaving or repairing of any street upon which their track is laid, the mayor and council shall have power to pave, repave or repair the same and the cost and expense of such paving, repaving or repairing may be assessed, equalized, levied and collected as other taxes. Such tax shall constitute a prior lien on the property of such company.

7605 (138). City sue railway for cost of pavement.

It shall also be competent for any such city to bring a civil action against any party owning or operating any such street railway, and liable to pay said taxes, to recover the amount thereof, or any part thereof delinquent or unpaid, in any court having jurisdiction of the amount, and obtain judgment, and have execution therefor or such other process of law as may be necessary, and no property, real or personal, shall be exempt from any such execution. Provided, that real estate shall not be levied upon by execution, except by execution out of the district court on a judgment therein, transcript of judgment filed therein, as now provided by law. No property seized by the city treasurer as herein before provided or upon any such execution, shall be taken from the officer holding the same on any order of replevin. No defense shall be allowed in any such civil action except such as goes to the groundwork, equity and justice of the tax, and the burden of proo shall rest upon the party assailing the tax. In case part of such special tax shall be shown to be invalid, unjust and inequitable, judgment shall be rendered for such amount as is just and equitable, and costs shall follow the judgment. It shall be competent for the mayor and council, upon the written application of any company, association, corporation or person, owning any such street railway, to provide that such special taxes shall become delinquent and be payable in installments, as in case of taxes levied upon real estate as hereinafter provided; but such application shall be taken, and deemed a waiver of any and all objections to such taxes, and to the validity thereof. Such application shall be made before the final levy of such taxes.

7606 (139). When street railway released from cost of paving.

Whenever the owners of a majority of the feet front of real estate abutting upon any street or part of a street or in any improvement district shall petition the mayor and council in writing requesting the extension of any horse, cable, electric or other railways, to be constructed upon such street or part of a street or in such district, and in such petition, waive the obligation of the street railway company or the owner of such street railway to pave or repave between the rails

of its tracks or be assessed therefor as by law provided, then the railway company or owner may construct a line of railway along said street or part of street and in such district covered by said petition, and shall not be required to pave or repave between the rails of its tracks or be assessed therefor, but such paving or repaving shall be done by the city and paid for by taxation upon property as other paving or repaving is done by the city; such petition shall be spread on the journal as a permanent record.

7607 (140). Appropriation of private property for use of city.

The mayor and council shall have power to appropriate private property for the use of the city for streets, alleys, avenues, parks, parkways, boulevards, sewers, public squares, market places, gas works, power plants, electric light plants or water works, including mains, pipe lines and settling basins therefor, the right and power to appropriate private property for such purpose shall extend for a distance of seventy-five miles from the corporate limits of the city. They shall also have power to appropriate any water works system, plant or property already constructed to supply the city and the inhabitants thereof with water, or any part thereof, whether lying or being wholly within said city or in part therein and in part without the city, and within ten miles from the corporate limits of such city, including all real estate, buildings, machinery, pipes, mains, hydrants, basins reservoirs, and all appurtenances reasonably necessary thereto, and a part of, or connected with, said system, plant or property, and franchises and they shall have power to own and operate the same. Upon condemning private property under such authority, the city clerk shall cause to be recorded an accurate plat, and a clear, definite description of the property so taken, in the office of the register of deeds of the county within which such city is located, within sixty days after the other legal steps for the acquisition of such title shall have been taken.

7608 (141). City build public works in or out of city.

The mayor and council shall have power to erect, construct, purchase, maintain and operate subways or conduits, water works, gas works and electric light plants and power 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 or power furnished consumers, and to make all needful rules and regulations concerning the use of such subways, conduits, water, gas or clectric lights or power and to do all acts nccessary 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.

7609 (142). Assessment of damage for property taken by city.

Whenever it shall become necessary to appropriate private property for the use of the city for streets, alleys, avenues, sewers, parkways, boulevards, public squares, gas works, power plants, electric light plants, water works or other purposes authorized by this act, and such appropriation shall be declared necessary by ordinance, the mayor, with the approval of the council, shall appoint three disinterested freeholders of the city, who, after being duly sworn to perform the duties of their appointment with fidelity and impartiality, and after reasonable notice to the owners and parties interested in said property, shall assess the damages to the owners of the property and parties interested therein respectively taken by such appropriation. Such assessment shall be reported to the city council except in case of the appropriation of water works, when such assessment shall be reported to the water board, and said board, after examination, shall submit

the same with its recommendations to the mayor and council for confirmation, and if the same shall be confirmed, the damages so assessed shall be paid to the owners of such property or deposited with the city treasurer subject to the order of such owners respectively, after which such property may at any time be taken for the use of the city. If the assessment be not confirmed by the council, proceedings may be taken anew to assess the damages; Provided, however, that in all cases involving an amount of fifty thousand dollars ($50,000) or more, there shall be appointed five appraisers, and the assessment, if recommended for approval by the city council or the water board, as the case may be, and confirmed by the mayor and city council, must be submitted to the electors of the city at a general or special election. The proposition to approve the assessment may also include a proposition to vote bonds for the amount of such assessment. If such proposition receive the necessary majority then such assessment shall be sustained, and the mayor and council shall be authorized to issue the necessary bonds for said purpose, or to draw upon such fund as shall be designated in such proposition.

1. Where land is condemned for opening a street, the owner is entitled to the value of the land taken without deduction for benefits. Special benefits may be set off against the damages to the residue of the tract. City of Omaha v. Howell Lumber Co., 30 Neb. 633; 46 N. W. R. 919. City of Omaha v. Cochran, 30 Neb. 637; 46 N. W. R. 920.

2. A special tax for opening a street can not be equalized until the report of the appraisement of damages has been made and confirmed by the council. Merrill v. Shields, 57 Neb. 78; 77 N. W. R. 368.

3 Where the park board and the city authorities have appropriated land for use as a boulevard without condemnation, the value of such land will be taken as the measure of damages. City of Omaha v. Croft, 60 Neb. 57; 82 N. W. R. 120.

4. Such judgment operates to invest the title of the land in the city. City of Omaha v. Redick, 61 Neb. 163; 85 N. W. R. 46.

5. Where a judgment has been rendered against the city for appropriating a por tion of a tract for a street, and a special assessment for the amount of the judg ment has been levied upon the remainder of the tract, the owner of the tract may demand payment of his judgment and refuse a warrant drawn upon the special fund created by the special assessment, as the assessment creates no personal liability. City of Omaha v. State, Neb. -; 94 N. W. R. 979.

6. Where the city refuses to pay the amount of the award for opening a street and credits the same on the special assessment levied to pay such award, a cause of action accrued against the city on the termination of such proceedings. Spald ing v. City of Omaha, Neb. -; 94 N.

W. R. 714.

7610 (113). General powers-Details supplied by ordinance.

When by this act the power is conferred upon the mayor and council to do and perform any act or thing, and the manner of exercising such power is not pecially pointed out, the mayor and council may provide by ordinance the details necessary for the full exercise of such power. Each city governed by the provisions of this act shall be a body corporate and politic, and shall have power: First-To sue and be sued. Second-To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. Third-To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be conducive to the interests of the city. Fourth-To make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate or administrative powers. Fifth-To exercise such other and further powers as may be conferred by law. The powers hereby granted shall be exercised by the mayor and council of such city, as hereinafter set forth, except when otherwise specially provided.

1. A municipal corporation has only such powers as are conferred upon it by the legislature or as are necessary to carry

into effect some enumerated power. State v. Irey, 42 Neb. 186; 60 N. W. R. 601.

3. Where the charter confers a power but does not prescribe the method of procedure, the council may by ordinance pro

7611 (144). Additional powers.

vide such procedure. Ives v. Irey, 51 Neb. 139; 70 N. W. R. 961.

4. Municipal corporations are not subject to garnishment proceedings. People ex rel. v. Omaha, 2 Neb. 167. State ex rel. Crawford v. Eberly, 12 Neb. 616; 12 N. W. R. 96.

In addition to the powers herein granted, cities governed by this act shall have power by ordinance:

7612 (111, sub. 1). Levy special taxes and provide for expenses.

To levy any tax or special assessment authorized by law and to appropriate money and provide for the payment of the debts and expenses of the city.

7613 (144, sub. 2). Corporate seal.

To provide a corporate seal for the use of the city, and also any official seal for the use of any officer, board or agent of the city, whose duties under this act or under ang ordinance require an official seal to be used. Said corporate seal shall be used in the execution of municipal bonds, warrants, conveyances and other instruments and proceedings, as this act or the ordinances of the city require.

7014 (111, sub. 3). To make rules of health.

To provide all needful rules and regulations for the protection and preservation of health within the city, and for this purpose may provide for the enforcement of the use of water from public water supplies where the use of water

from other sources shall be deemed unsafe.

7015 (111, sub. ). Appropriate money and pay debts.

To appropriate money and provide for the payment of the debts and expenses of the city.

7616 (111, sub. 5). Protect strangers and travelers.

To adopt all such measures as they may deem necessary for the accommodation and protection of strengers and the traveling public in person and property. 7017 (141, sub. 6). Regulate carrying of weapons.

To punish and prevent the carrying of concealed weapons, the discharge of firearms, rey,orks or explosives of any description within the city.

7018 (114, sub. 1). Regulate weighing and measuring merchandise.

To regulate the weighing and measuring of hay, wood, and other articles exposed for sale, and of all coal sold or delivered within the city, and to provide for, license, and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables and all other provisions or articles of food exposed or offered for sale in the city, and to prescrile the weight and quality of bread exposed or offered for sale in the loaf. Also to provide for the inspection of weights and measures or weighing apparatus.

1. A license fee of ten dollars for each wagon used in selling milk is valid and not disproportionate to the expense of regulating the business The fact that license fees are not available for such

expense, but must be paid into the school fund, is immaterial. Littlefield v. State, 42 Neb. 223; 60 N. W. R. 724; 47 Am. St. R. 697.

7610 (144, sub. 8). To require officers to give bond.

To require of all officers or servants, elected or appointed in pursuance of this act, to give bond and security for the faithful performance of their duties. No officer shall become security upon the official bond of another, or upon any bond executed to the city.

7620 (114, sub. 9). To require officers to report.

To require from any officer of the city at any time a report in detail of the transactions of his office, or any matter connected therewith.

7021 (144, sub. 10). To prevent cruelty to children and animals.

To provide for the prevention of cruelty to children or animals.

7622 (144, sub. 11). Control or destroy dogs.

To regulate, license or prohibit the running at large of dogs, and guard against injuries or annoyance therefrom, and to authorize the destruction of the same when running at large contrary to the provision of any ordinance.

7623 (111, sub. 12). Keep sidewalks clean.

To provide for keeping sidewalks clean and free from obstructions and accumulations and may provide for the assessment and collection of taxes' on real estate, and for the sale and conveyance thereof to pay the expenses of keeping the sidewalk adjacent to such real estate clean and free from obstructions and accumulations as herein provided.

7624 (144, sub. 13). Plant trees-Protect birds.

To provide for the planting and protection of shade or ornamental and useful trees on the streets and boulevards under the direction of the park board and to assess the cost thereof upon the abutting property as a special assessment and to provide for the protection of birds and animals and their nests.

7625 (144, sub. 14). Name and number streets and houses.

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.

7626 (144, sub. 15). Destroy weeds.

To provide for the destruction of weeds and worthless vegetation growing upon vacant lots or lands if the owner fails to do so after five days notice as required by ordinance and to assess the cost thereof upon such lots or lands as a special assessment.

7627 (144, sub. 16). Regulate running at large of animals.

To prohibit or regulate the running at large or the herding or driving of domestic animals such as hogs, cattle, horses, sheep, goats, fowls or animals of any kind or description, within the corporate limits, and provide for the impounding of all animals running at large, herded or driven contrary to such prohibition, and also for the forfeiture and sale of animals impounded, to pay the expense of taking up, caring for, and selling the same, including cost of advertising and fees of officers.

1. This provision does not conflict with the state herd law which is applicable to cultivated lands within the city. The

party injured has a lien upon live stock running at large. Lingonner v. Ambler, 44 Neb. 316: 62 N. W. R. 486.