Same. Trus

tees.

Duties and powers.

Same. Powers.

propriate thereto, the said judge shall indorse the said report with an order approving the same, and directing that the same be filed in the office of the said county clerk, together with the petition aforesaid, and other papers presented to him in the same matter, which petition, report, order, and papers, shall be recorded by the said clerk in the book of incorporations to be kept in his office.

SEC. 2. Whereupon, the person or persons possessed of the said funds, securities, and properties, may, under his or their hands, appoint five or more persons to be trustees of the said institution who shall thereupon become a body politic and corporate under a name and style to be named, designated, and appointed for the purpose by the aforesaid person or persons in the said writing appointing the said trustees, which paper, writing of appointment shall be filed and recorded in the book of incorporations in the office of the said county clerk, and the said trustees, under the name and style so named, designated, and appointed, may sue and be sued, plead and be impleaded in all courts of law and equity; have a common seal, and the same alter, break, and renew at pleasure, and hold all kinds of estate, real and personal, and mixed, which they may acquire by purchase, donation, devise, or otherwise necessary to accomplish the purpose of the corporation, and the same to dispose of and convey at pleasure. And a certified copy of the said paper writing, appointing said trustees, and naming, designating and appointing the name and style of such corporation, shall be prima facie evidence in all courts and before all officers, boards, commissioners and tribunals of the due incorporation of such body politic and corporate.

SEC. 3. The said board of trustees shall have power to fill all vacancies in their number, to make rules, regulations and by-laws for the government of their board

and of the institution; to appoint a president, professors, tutors, and teachers, and any other necessary officers and agents, and fix the compensation of each; to erect within, and as departinents of said institution, such schools and colleges of the arts and sciences and professions as to them may seem proper, and to confer such academic degrees and honors as are conferred by colleges and universities of the United States. Approved February 27th, A.D. 1879.

To provide for the organization, government, and powers of cities and villages.

Be it enacted by the Legislature of the State of Nebraska:

CITIES OF THE SECOND CLASS.

tutes.

SECTION 1. All cities, towns, and villages containing what constimore than fifteen hundred and less than fifteen thousand inhabitants shall be cities of the second class, and be governed by the provisions of this chapter, unless they shall adopt a village government as hereinafter provided.

SEO. 2. Each city of the second class shall be divided wards. into not less than two nor more than six wards, as may be provided by ordinance of the city council thereof,

Number of council. Eligibility.

Regular meeting.

Elections and appointments to office.

and each ward shall contain, as nearly as practicable, an equal number of legal voters, and an area as equal to each other as practicable.

SEC. 3. The council of each city of the second class shall consist of not less than four nor more than twelve citizens of said city, who shall be qualified electors and tax payers under the constitution and laws of the state of Nebraska.

SEC. 4. Each ward of each city shall have at least two councilmen, who shall be chosen by the qualified electors of their respective wards, and who shall serve for two years and until their successors shall be elected and qualified; and no person shall be eligible to the office of councilman who is not at the time of his election an actual resident of the ward for which he is elected, and a qualified elector under the constitution and laws of the state of Nebraska; and if any councilman shall remove from the ward for which he is elected, his office as a councilman shall thereby become vacated; Provided, at the first general city election under this chapter, there shall be two councilmen elected from each ward, the one receiving the greatest number of votes shall serve for two years, and the one receiving the next highest number of votes shall serve for one year, and one councilman for each ward at each annual election thereafter. Whenever there shall be a tie in the election of councilmen, it shall be determined by lot by judges of election of the ward in which it shall happen.

SEC. 5. Regular meetings of the city council shall be held at such times as the council may provide by ordin

ance.

SEC. 6. At the time of holding the general city election in each year, there shall be elected a mayor, a clerk, a treasurer, a city engineer, a police judge, and the councilmen herein before provided for, and the mayor, by and with the consent of the council, may appoint an attorney