such further compensation, or fees, as may be provided by law, which shall be in full for his own services and the services of any deputy or assistant that may be necessary for the proper transaction of the business of his office. Fourth. The marshal shall receive the sum of ten hundred dollars per annum, which shall be full compensation for himself and deputy. Fifth. The city clerk shall receive the sum of twelve hundred dollars per annum, which shall be in full for the services of himself and deputy or assistant that may be necessary for the transaction of the business of his office, except an assistant for council meetings, which assistant may be paid extra in the discretion of the council. Sixth. Each policeman shall receive a sum not exceeding seventy dollars per month, to be fixed by ordinance. No policeman shall be allowed any fee or fees as a witness in any case tried in the police court. Seventh. The council may appropriate a sum not exceeding in the aggregate two hundred dollars in any one month, for services rendered in the preceding month by the members of the city council as such, on committee or otherwise.

SEC. 103. [No additional compensation.]-No officer shall directly or indirectly be allowed any further or greater compensation for his official services than is allowed herein, nor shall any officer named herein, take or receive therefor, directly or indirectly, any further or greater compensation than is provided as aforesaid.

SEC. 104. [Penalty for taking or procuring extra compensation.]-If any such officer shall violate any of the foregoing provisions of this act, or if any member of the council shall vote for any further allowance to any officer whose salary is fixed by this act, or to the members of the council, he shall be deemed guilty of a misdemeanor in office, and upon conviction thereof in a court of competent jurisdiction, shall be fined in a sum not exceeding one thous and dollars, and be imprisoned in the county jail not exceeding one year; and he shall moreover be removed from office by the court rendering judgment of conviction against him.

SEC. 105. [No officer to be interested in contracts--Penalty for bribery.]-Any officer of the city or member of the city council who shall, by himself or agent, become a party to, or in any way interested in any contract, work or letting under the authority and by the action of the city council, or who shall either directly or indirectly, by himself or other party, accept or receive any valuable consideration or promise for his influence or vote, and every person who shall offer such valuable consideration to such officer for his influence or vote, shall be fined in any sum not less than one hundred dollars nor more than one thousand dollars.

SEC. 106. [Repealing clause.]-That an act to incorporate cities of the first class, approved March 28, 1873; an act amendatory thereof, approved February 23, 1875; an act amendatory thereof, approved February 13, 1877; an act amendatory thereof approved February 27, 1879, and all acts and parts of acts inconsistent herewith, be and the same are hereby repealed.

EC. 107. [Emergency clause. Act took effect March 1. 1881.

TAXES FOR SEWERS ALREADY CONSTRUCTED.

SEC. 108. [Sewer debt tax.]-That in cities of the first class the mayor and council shall levy a tax in each year in addition to all other taxes, in the manner provided by law for the levy of other taxes, of one and one-half mills on the dollar of the assessed valuation of all the taxable property in said city to pay all indebtedness heretofore incurred for the construction and maintenance of any main sewer or sewers or branches thereof and draw warrants therefor on the fund so provided for; Prorided, That before any payment shall be made under the provisions of this act the value of said sewers shall be ascertained by the inspection and appraisement of three disinterested experts who shall be appointed for

SEC. 108. "An act to provide for the levy of a tax in cities of the first class for the payment of sewers already constructed." Approved Feb. 28. Took effect June 1, 1881.

that purpose, one of whom shall be selected by the mayor and council of such city, within which such sewer or sewers may have been constructed, one by the contractors who constructed such sewer or sewers, and the third to be chosen by the two experts so selected, who shall first be sworn to make a true and impartial appraisement of the value of such sewer or sewers, upon actual inspection and measurement, and who shall return their appraisement in writing to the mayor of such city, and said appraisement being so returned, and said sewer or sewers accepted by said mayor and council, the same shall be paid with interest thereon at the rate provided by law when such indebtedness accrued: Provided further, That in no case shall payment be made in excess of the contract price and interest thereon, from the date of such accrued indebtedness, under which such sewer or sewers may have been constructed. [1881 § 1, chap. 18.]

RATES OF TOLL.

SEC. 109. [Toll bridges.]—That the mayor and council in any city of the first class, shall have power to license and regulate the keeping of toll bridges within or terminating within the city, for the passage of persons 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. [1871, 26. G. S. 136.]

CHAPTER 14.-CITIES OF THE SECOND CLASS AND VILLAGES.*

CITIES OF THE SECOND CLASS.

SECTION 1. [Inhabitants required.]-All cities, towns, and villages containing more than fifteen hundred and less than twenty-five 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. [1879, 193. Amended and took effect Feb. 14, 1881.]

SEC. 2. [Wards.]-Each city of the second class shall be divided into not less than two nor more than six wards, as may be provided by ordinance of the city council thereof, 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. [Council.]-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. [Councilmen.]-Each ward in 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.

SEC. 109. "An act empowering the mayor and council in cities of the first class, to license and regulate the keeping of toll bridges; to fix the rates of toll, and to authorize the collection of the same." Laws 1871, 26. G. S. 136. Took effect Feb. 8, 1871. The signature of the governor does not appear in the enrolled act.

*NOTE."An act to provide for the organization, government and rowers of cities and villages;" passed March 1, 1879, and taking effect September 1, 1879. [Laws pp. 193-237.] The act is constitutional. 10 Neb. 206. Nor does it repeal ordinances existing at the time of its passage. 10 Neb. 538.

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. [Meetings.]-Regular meetings of the city council shall be held at such times as the council may provide by ordinance.

SEC. 6. [Officers.]-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, and the councilmen herein before provided for, and a police judge shall be elected at each biennial city election; and the mayor with the consent of the council may appoint a city attorney and an overseer of streets, who shall hold their offices for one year unless sooner removed by the mayor with the advice and consent of the council. The mayor, by and with the consent of the council, shall appoint such a number of regular policemen as may be necessary, and may also appoint special policemen from time to time as exigencies arise. All police officers appointed by the mayor and council, in accordance herewith, shall be removable at any time. by the mayor. [Amended and took effect March 2, 1881.]

SEC. 7. [Salaries.]-The salaries of all officers of the city shall be fixed by ordinance, not exceeding the following amounts respectively; clerk, three hundred ($300) dollars per year; treasurer, three hundred ($300) dollars per year; city engineer, four dollars ($4.00) per day for actual services, but not exceeding three hundred ($300) dollars per year. Overseers of streets, two [dollars] ($2.00) per day for actual services, but not exceeding three hundred dollars ($300) per year; city attorney, two hundred and fifty dollars ($250) per year; chief of police, sixty-five dollars ($65) per month, which shall include his compensation as overseer of streets; policemen, fifty-five dollars ($55) per month; mayor, two hundred dollars ($200) per year, and councilmen, each the sum of fifty dollars ($50) per year. All other officers and employees of the city shall receive such compensation as the mayor and council may fix at the time of their appointment or employment. [Amended and took effect March 2, 1881.]

SEC. 8. [Fees of police judge.]-The police judge shall receive the same fees as justices of the peace for similar services.

SEC. 9. [Qualifications.]-All officers shall be qualified electors and tax payers and reside within the limits of the city.

SEC. 10. [Duties of mayor.]-The mayor shall preside at all meetings of the city council, and shall have a casting vote when the council is equally divided, and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and of this chapter are complied with.

SEC. 11. [Veto power.]—The mayor shall have power to veto or sign any ordinance passed by the city council; Provided, That any ordinance vetoed by the mayor may be passed over his veto by a vote of two-thirds of the members of the council elected, notwithstanding the veto; and should the mayor neglect or refuse to sign any ordinance, and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become a law without his signature.

SEC. 12. [Mayor's message.]-He shall, from time to time, communicate to the city council such information, and recommend such measures as, in his opinion, may tend to the improvement of the finances of the city, the police, health, security, ornament, comfort, and general prosperity of the city.

SEC. 13. (Special meeting of council.]-The mayor, or any three councilmen, shall have power to call special meetings of the city council, the object of which shall be submitted to the council in writing, and the call, and object, as well as the disposition thereof, shall be entered upon the journal by the clerk.

SEC. 14. [Reports of officers.]-The mayor shall have the power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, and to make reports to the council in writing, touching any subject or matter he may require pertaining to his office.

SEC. 15. [Jurisdiction of mayor.]—The mayor shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles. of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, excepting taxation, within one-half mile of the corporate limits of said city.

SEC. 16. [Vacancy.]-In case of any vacancy in the office of mayor, or in case of his absence or disability, the president of the council, for the time being, shall exercise the office of mayor, until such vacancy be filled, or such disability be removed; or in case of temporary absence, until the mayor shall return.

SEC. 17. [Posse comitatus.]-The mayor is hereby authorized to call on every male inhabitant in the city, over eighteen years of age and under the age of fifty years, to aid in enforcing the laws.

SEC. 18. [Reprieves-Pardons.]-The mayor shall have power to remit fines and forfeitures, to grant reprieves and pardons for all offenses arising under the ordinances of the city.

SEC. 19. [Policemen.]—The policemen of the city shall have power to arrest all offenders against the laws of the state, or of the city, by day or by night, in the same manner as the sheriff or constable, and keep them in the city prison or other place, to prevent their escape, until trial can be had before the proper officer. SEC. 20. [City engineer.-The city engineer shall make estimates of the cost of labor and materials which may be done or furnished by contract with the city, and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, bridges, curbings and gutters, and the improvement of streets and the erection and repair of buildings, and shall perform such other duties as the council may require. Before the city council shall make any contract for building bridges or sidewalks, or for any work on the streets, or for any other work or improvement, an estimate of the cost thereof shall be made by the city engineer and submitted to the council, and no contract shall be entered into for any work or improvement for a price exceeding such estimate; and in advertising for bids for any such work the council shall cause the amount of such estimate to be published therewith.

SEC. 21. [Overseer of streets.]-The overseer of streets shall, subject to the orders of the mayor and council, have general charge, direction, and control of all work on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the council may require.

SEC. 22. [Police judge.]-The police judge shall have exclusive jurisdiction to hear and determine all offenses against the ordinances of the city, and jurisdiction concurrent with that which is or may be conferred upon justices of the peace, of misdemeanors under the laws of the state, arising within the limits of the city, and shall also have jurisdiction for the examination of offenders against the laws of the state, for offenses arising within the limits of the city.

SEC. 23. [Complaint.-Whenever complaint shall be made to the police judge, on oath or affirmation of any person, that an offense has been committed, of which the police judge has jurisdiction, said judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the sheriff or a constable of the county, or any policeman of the city, or by some person specially appointed by writing, indorsed on the process by the police judge for that purpose, and whose return shall be made under oath. [Amended, and took effect March 2, 1881.]

SEC. 24. [Fines.]-All fines and penalties collected, arising from a breach of ordinances of the city, shall be paid to the city treasurer; and all fines and penalties collected, arising from misdemeanors under the laws of the state, shall be paid to the county treasurer.

SEC. 20. Before any contract for grading is let an ordinance must be passed therefor, and the contract let. to the highest bidder, after publication of notice and fair competition. 9 Neb. 358. The estimate is not required in case of a contract to light the city with gas. Id. 340.

SEC. 25. [Proceedings upon arrest.]-When any person shall be brought before the police judge upon such warrant, it shall be his duty to hear and determine the complaint alleged against the defendant.

SEC. 26. [Recognizance.]-Upon good cause shown, the police judge may postpone the trial of the case to a certain day, in which case he shall require the defendant to enter into recognizance with sufficient security, conditioned that he will appear before the said judge at the time and place appointed, then and there to answer the complaint alleged against him.

SEC. 27. [When judge has no jurisdiction.]-In case of the breach of any recognizance entered into as aforesaid, the same shall be certified to the district court of the proper county, to be proceeded upon according to law; if in the progress of any trial before the said judge it shall appear that the accused ought to be put upon his trial for an offense not cognizable before the said judge, he shall immediately stop all further proceedings before him, and proceed as in other cases exclusively cognizable before the district court.

SEC. 28. [Witnesses.-It shall be [the] duty of said judge to summon all persons, whose testimony may be deemed material, as witnesses at the trial, and to enforce their attendance, by attachment if necessary, and all witnesses shall receive the sum of fifty cents for each days attendance.

SEC. 29. [Trials.]-Cases in the police court, for violations of city ordinances, shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanors under the statutes of the state shall be tried by the police judge alone, unless the defendant demand a jury, and if a jury be demanded, the case shall be tried by a jury of six competent men, unless a smaller number be agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in justice's courts, and the trial of all cases before said police judge shall be conducted in all respects, not herein otherwise provided, in like manner as criminal cases before justices of the peace. Jurors in the police court shall receive the same fees as jurors in the justice's court, to be taxed as other costs are taxed in the case. [Amended and took effect March 2, 1881.]

SEC. 30. [Punishment.]-If the defendant be found guilty, the police judge shall declare and assess the punishment and render judgment accordingly. It shall be part of the judgment that the defendant stand committed until the judgment be complied with; Provided, That the defendant shall have the right to produce before said police judge one or more sureties to the satisfaction of said judge, which said sureties shall with the defendant confess a judgment for the amount of the fine or penalty imposed, and costs of suit, and said judge shall enter such confession or judgment upon his docket and render judgment accordingly, in the name of the state of Nebraska, against them for the amount of such fine and costs; and if said judgment be not paid within ninety days from the date of such confession and entering of judgment, said police judge shall issue execution and collect the amount of said fine or penalty and costs in the manner provided by law for collecting judgments by execution [in] justice's court. [Id.]

SEC. 31. [Work by prisoners.]-Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under direction of the mayor, for the term of his imprisonment; and when committed for the non-payment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 per day, for each day he shall work.

SEC. 32. [How prisoner discharged.]-Any defendant committed under the provisions of this chapter for a misdemeanor arising under the laws of this state, may be discharged in the same manner as if he had been committed by the

district court.

SEC. 33. [Proceedings, how governed.]-In all cases not herein especially provided for, the process, proceedings, and trial before the judge shall be governed by laws regulating proceedings in justices' courts in criminal cases.

SEC. 34. [Continuance-Notice to witnesses.]-When a trial shall be