CHAPTER 12.-CHATTEL MORTGAGES.

SECTION 1. [Foreclosure.]—Every mortgage of personal property containing and giving to the mortgagee or any other person a power to sell the property described therein, upon default being made in any condition of such mortgage, may be foreclosed in the cases and in the manner hereinafter specified. [1867, 12th Sess. Ter. § 1, 9. G. S. 481.]

SEC. 2. [Requisites.]-To entitle any person to foreclose a chattel mortgage as hereinafter prescribed, it shall be requisite, 1. That some default in a condition of such mortgage shall have occurred, by which the power to sell became operative. 2. That if no suit or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage or any part thereof, or if any suit or proceeding has been instituted that the same has been discontinued, or that an execution upon the judgment rendered thereon, has been returned unsatisfied, in whole or in part, and 3. That such mortgage, containing the power of sale, has been duly recorded.

SEC. 3. [Notice of sale.]-Notice that such mortgage will be foreclosed by a sale of the mortgaged property, or some part thereof, shall be given as follows: by advertisement published in some newspaper printed in the county in which such sale is to take place, or in case no newspapers are printed therein, by posting up notices in at least five public places in said county, two of which shall be in the precinct where the mortgaged property is to be offered for sale, and such notices shall be given at least twenty days prior to the day of sale.

SEC. 4. [Contents of notice.]-Every such notice shall specify. 1. The date of the mortgage and where recorded. 2. The names of the mortgagor and mortgagee, and the assignee of the mortgagee, if any. 3. The amount claimed to be due thereon at the time of the first publication or posting of such notice. 4. A description of the mortgaged property, conforming substantially with that contained in the mortgage. 5. The time and place of sale.

SEC. 5. [Postponement of sale.]-Such sale may be postponed from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which the sale shall be postponed; or in case no newspaper is published in the county in which such sale is to be had, by posting a notice of such adjournment in some conspicuous place at the place designated in the original notice posted for said sale to be had.

SEC. 6. [Sale, when and where held.]-Such sale shall be at public auction in the day time, between the hours of 10 A.M. and 4 P.M., in the county where the mortgage was first recorded, or in any county where the property may have been removed by consent of parties, and in which the mortgage was duly recorded, and in view of said property.

SEC. 7. [Purchase by mortgagee.]-The mortgagee, his assignees, and his or their legal representatives, may fairly and in good faith, purchase any of the morttaged property offered at such sale.

CHAP. 12. "An act relating to the sale and transfer of personal property under mortgage." Laws 12th Sess. Ter. 1867, 9. Chapter 46. G. S. 481. Took effect Feb. 18, 1867. The 9th section was superseded by "An act to prevent the fraudulent transfer of personal property." Laws 1877, 5. This act is inserted in lieu of said original 9th section, but so much of the act as provided for the removal of mortgaged property having been held unconstitution al (16 Neb., 239) is omitted. This defect, however, is now supplied by act of March 7, 1885, being section 10 of this chapter. Further provisions concerning chattel mortgages, see secs. 14, 15, and 16, chap. 32, post. To authorize a sale of property under this statute, where the property has been removed by consent of parties into a county other than that where the mortgage was first filled, the mortgage must be duly filed in the county where the sale is to take place. 21 Neb., 400. Sale by mortgagee in which he fails to comply with statute renders him liable to mortgagor for damages. Id. Mortgagee cannot withdraw original instrument from office where filled and proceed to foreclose. 24 Neb., 595. If mortgage be properly filed, duly certified copy sufficient authority for mortgagee to take possession of property and foreclose. 25 Neb., 365. Provisions of sale mandatory, if not complied with mortgagee must account for full value of property. 32 Id. 761. Mortgagee "feeling unsafe" construed. 32 Id., 185. 33 Id.. 215. Filing. See ch. 32, § 14, and notes.

SEC. 8. [Equity of redemption extinguished.]-When a mortgage shall have been foreclosed, as herein provided, any and all right of equity of redemption, which the mortgagor may or might have had, shall be and become extinguished.

SEC. 9. [Disposing of mortgaged property-Penalty.]-That any person, who after having conveyed, any article of personal property to another by mortgage, shall during the existence of the lien or title created by such mortgage, sell, transfer, or in any manner dispose of the said personal property, or any part thereof, so mortgaged to any person or body corporate, without first procuring the consent, in writing of the owner and holder of the debt secured by said mortgage to any such sale transfer, or disposal, shall be deemed guilty of a felony, and upon conviction thereof shall be fined, in any sum not less than one hundred dollars, or imprisoned in the penitentiary, for a term not less than one year, nor more than ten years, or both fine and imprisonment at the discretion of the court. [1877, 5. Amended 1889, chap. 35.]

SEC. 10. [Removal of mortgaged property-Penalty.]That any person who after having conveyed any article of personal property to another by mortgage, shall during the existence of the lien or title created by such mortgage, remove, permit, or cause to be removed, said mortgaged property, or any part thereof, out of the county within which such property was situated at the time such mortgage was given thereon, with intent to deprive the owner or owners of said mortgage of his security, shall be deemed guilty of felony, and on conviction thereof shall be imprisoned in the penitentiary for a term not exceeding ten years, and be fined in a sum not exceeding one thousand dollars. [1885, chap. 11.]

SEC. 9. Not necessary to allege intent to defraud. 19 Neb., 821. Section cited 21 Neb., 52.

SEC. 10. "An act to prevent the fraudulent removal out of the county of mortgaged personal property, and

to provide a penalty for the violation of this act." Took effect March 5, 1885.

CHAPTER 12 a.-CITIES OF THE METROPOLITAN CLASS.

SECTION 1. [Metropolitan cities.]—That all cities in the state of Nebraska, now having a population of eighty thousand inhabitants, or more, shall be considered and known as cities of the metropolitan class and shall be governed by the provisions of this act. [1887, chap. 9. Amended 1889, chap. 13, 1893, chap. 3, § 1.]

SEC. 2. [Population-Proclamation.]—Whenever any city shall hereafter have attained a population of eighty thousand inhabitants, or upwards, and such fact shall have been ascertained by any national or state census, and shall be so certified to the governor by the mayor of such city, it shall thereupon be the duty of the governor by public proclamation to declare such city to be of the metropolitan class, and thereupon such city shall be subject to the provisions of this act. [Amd. 1893, chap. 3, § 2.]

SEC. 3. [Corporate limits.]-The corporate limits of any city of the metropolitan class shall be fixed and determined by the mayor and council of such city, by ordinance, within one year after the passage of this act, or within one year after being proclaimed by the governor a city of such class, the said corporation limits to include an area not to exceed twenty-five square miles, including any township or village organization within such limits, which organization shall thereupon cease and terminate, and after said corporate limits have been so fixed and determined, the same shall not be changed until the population of such city shall have increased at least twenty thousand, as shown by a state or national census, whereupon the mayor and council of any such city may extend said corporate limits such distance as may be deemed proper in any direction not exceeding one mile; Provided, That any city of the first or second class, or any incorporated city, adjoining any city of the metropolitan class, may be included in and become a part of such city of the metropolitan class, upon proposition to be so attached and included being approved by a majority of the voters in each of the said cities voting on such proposition, upon such terms as may be stated in such proposition, after being submitted to the voters of each of said cities, by ordinance passed by the mayor and council of each of said cities. [Amended 1889, chap. 13]

SEC. 4. [Name-Service of process.]-The corporate name of each city, organized under or governed by this act, shall be "The city of

and all and every process or notice whatever, affecting any such city shall be served upon the mayor, or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk.

SEC. 5. [Saving clause.]-No right of property accrued to any city, corporation, or person under any law heretofore in force shall be affected by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council.

SEC. 6. [General powers.]-Each city governed by the provisions of this act shall be a body corporate and politic, and shall have powers: 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 pro

vided.

CHAP. 12 a. An act entitled, "An act incorporating metropolitan cities and defining, regulating, and prescrih. Ing their duties, powers, and government." Passed and took effect March 30, 1887. Laws 1887, chap. 9.

SEC. 3. City cannot extend its limits over city of second class. It can take in village within the 25 mile limit. 31 Neb., 378.

SEC. 7. (Wards.]—Each city governed by this act shall be divided into wards, not less than six or exceeding ten in number, the boundaries of which shall be defined by ordinance. Said wards shall be equal in population, as near as may be.

SEC. 8. [Election Districts.]-Whenever fifty or more legal voters of any ward in such city shall petition the mayor and city council thereof to divide such ward into two or more polling or voting districts, and it shall be made to appear that said ward contains more than four hundred legal voters, the said mayor and city council, on presentation of said petition, shall by ordinance divide such ward into two or more election districts, and appoint judges and clerks of election for such polling or voti ig districts, as now appointed for the elections held in the wards.

SEC. 9. [Precincts.]-Precinct lines in that part of the county embraced within the corporate limits of a city of the metropolitan class shall correspond with the ward lines in such city, and such precincts shall correspond in number with the wards of the city, and be co-extensive with the same; Provided, That when a ward is divided into two or more election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts.

SEC. 10. [Elections-Polls.]-At all elections authorized by this act, the polls shall be opened at such place in each election district as may be designated by the mayor, or as fixed by ordinance, and they shall be kept open between the hours specified by law for general state and county elections, and shall be conducted in accordance with the provisions of such law. At all general elections in cities of the metropolitan class the judges and clerks of such election shall each receive for their entire services at such elections the sum of nine dollars ($9), one-third of such sum to be paid by the city, one-third to be paid by the county, and one-third to be paid by the board of education. At all special elections in any such city the judges and clerks of such election shall each receive for their entire services at such elections the sum of four dollars ($4), the same to be paid by the city, county, or board of education submitting the proposition or propositions to be voted upon at such elections. [Amd. 1893, chap. 3, § 3.1

SEC. 11. [Election-Officers.]-The general city election in all cities governed by this act shall be held on the Tuesday succeeding the first Monday in November 1891, and every two years thereafter, except as otherwise hereinafter specified. Such elections shall be held at the same place as are general elections for state and county officials occuring in such years. The officers to be elected at such elections shall be a mayor, police judge, city clerk, treasurer and comptroller. They shall each and all be elected by a plurality of all votes cast at said elections for such officials, and shall when properly qualified, hold office or the term herein designated, commencing on the first Tuesday in January succeeding said election, or until their successors shall be elected and qualified. The terms, powers or authority of any official herein named elected at any city election held in December, shall nor be affected or prejudiced by reason of the fixing of the date of holding city elections, as herein specified. [Amended 1891, chap. 7.]

SEC. 12. [Council.]-The council of each city governed by this act shall consist of one member for each ward and an equal number from the city. Each councilman before entering upon the duties of his office, shall be required to give a bond to the city, with two or more good and sufficient sureties, who shall each justify that he is worth at least five thousand ($5,000) dollars in real estate in such city, over and above all debts, liabilities and exemptions. Such bond shall be in the sum of five thousand ($5,000) dollars and shall be conditioned for the faithful discharge of the duties of the Councilman giving the same, and shall be further conditioned that if said councilman shall vote for any expenditure or appropriation of money, or the creation of any liability in excess of the amount allowed by law, that such councilman and the sureties signing said bond shall be liable thereon. Said bond shall be filed with and approved by the mayor. [Amended 1891, chap. 7.]

SEC. 13. [Council.]-In cities of the metropolitan class now existing or hereaf ter created, the qualified voters of such city at the general election to be held in 1887, and at the general election to be held in 1891, and every two years thereafter shall, by a plurality of all votes cast for such officials, elect a number of councilmen equal to the number of wards in said city, who shall be known and designated as councilmen at large and who shall hold office for the term of two years from the first Tuesday in January following said election or until their successors are elected and qualified. At an

election which shall be held in 1892 and every two years thereafter and in the manner herein designated, there shall also be elected one councilman from each ward who shall be designated ward councilman; they shall each hold office for the period of two years from the first Tuesday in January succeeding such election. Whenever by reason of an increase of wards in such city, or by reason of being proclaimed a city of said metropolitan class, any ward shall be without representation, it shall be lawful and proper at the next succeeding general city election, or at a special election the call for and holding of which is hereby authorized, to elect ward councilmen for such wards, and also to elect a number of councilmen at large equal to the number of new or additional wards created. The terms of such ward councilmen and councilmen at large, shall be so stated and adjusted as to correspond with the terms of councilmen of the same class elected in 1892 and succeeding years as hereinabove designated. The councilmen at large and the ward councilmen shall constitute the city council, and no member shall be eligible to more than two consecutive terms. Ward councilmen shall be residents of the wards from which they may be elected. All councilmen's terms of office shall commence on the first Tuesday in January after their election, except such councilmen as may be elected at the special election herein authorized, whose terms shall commence immediately after the result of such election shall be declared. On said first Tuesday the councilmen shall assemble together and organize the city council. The terms, powers and authority of any official herein named elected at any city election held in December shall not be affected or prejudiced by reason of the fixing the date of holding city elections as herein specified. [Amended 1891, chap. 7.]

SEC. 14. [Electors-Canvass.]—The qualifications of electors in the several wards shall be the same as is required for electors in precincts under the laws of the state. A meeting of the council shall be held the first Monday after each city election, at which meeting the returns shall be canvassed, and it shall cause the clerk to make out and deliver certificates of election to the persons found to be elected, and a neglect of any such officer to qualify within ten days after the delivery to him of such certificate, shall be deemed a refusal to accept the office to which he may have been elected. No person shall be eligible to any elective city office unless he is a qualified voter in the city at the time of his election.

SEC. 15. [Powers of council-Ordinances.]-The mayor and counci of each city created or governed by this act, shall have the care, management, and control of the city, its property and finances, and shall have power to pass, amend, or repeal, any and all ordinances not repugnant to the constitution and laws of this state, necessary or proper to execute or carry into effect any of the provisions hereof, or any of the powers herein granted, except as otherwise herein provided.

SEC. 16. [Elections.]-The mayor and council shall have power to provide for the election of city officers, and to prescribe the manner of conducting the same, and the returns thereof, and the registration of voters, and for deciding contested clections in any manner not in conflict with existing laws, also to provide for filling such vacancies as may occur in the office of councilman, or other elective office of the city, also to provide for removing officers of the city for misconduct, incompetency, or for malfeasance in office. [Amd. 1893, chap. 3, § 4.]

SEC. 17. [Offices.]-The mayor and council shall have power to create any office, or employ any agent they may deem necessary for the government and best interest of the city, and to prescribe and regulate the duties, powers, and compensation of all officers, agents, and servants of the city not herein provided for. But all such agents, officers, and servants employed or appointed under this act, so far as practical, must be qualified voters of said city. [Amended 1889, chap. 13.]

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SEC. 18. [Bonds.]-The mayor and council shall have power 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.