such further compensation or fees, as may be provided by law, which shall be in full for his own services, and for the services of any deputy or assistant that may be necessary for the proper transaction of the business of his office he shall receive the sum of fifteen hundred dollars. Fourth, The auditor shall receive the sum of fifteen hundred dollars per annum. Fifth, The marshal shall receive the sum of sixteen hundred dollars per annum, which shall be full compensation for himself and deputy.. Sixth, The city clerk shall receive the sum of fifteen hundred dollars per annum. Seventh, 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. Eighth, Each councilman shall receive the sum of five hundred dollars per annum. [Amended 1885, chap. 13.]

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 thousand 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, or as the agent or representative of any other person or corporation, 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 furnish any material to be used in such work or under such contract; or who shall accept or receive any valuable consideration or promise for his influence or vote, shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court. [Amended 1885, chap. 13.]

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.

SEC. 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; Provided, 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.]

VIADUCTS, BRIDGES AND TUNNELS.

SEC. 110. [Power of council.]-That the mayor and city council in any city of the first class shall have power, whenever they deem any improvement, herein provided for, necessary for the safety and convenience of the public, to engage and aid in the construction of any viaduct, or bridge over, or tunnel under any railroad track or tracks, switch or switches in such cities, when such tracks or switches cross or occupy any street, alley or highway thereof,.in the manner and to the extent hereinafter provided. [1885, chap. 12.1

SEC. 111. [Plans and specifications.]-Whenever any such viaduct, bridge or tunnel shall be deemed necessary, as provided in the preceding section, the mayor and city council shall have the power to secure and adopt plans and specifications therefor, together with the estimated cost of the work, and thereupon, if the railroad company or companies across whose track or switches the work is proposed to be built, will assume three-fifths (3-5) of the entire cost thereof and three-fifths (3-5) of all damages to abutting property on account of construction of said viaduct, bridge or tunnel, and secure to the city the payment of the necessary funds to meet it as the work progresses, in such manner and with such security as the mayor and the city council shall require, and when the payment of the further sum of one-fifth (1-5) of the money required for such improvement is arranged for in manner satisfactory to said mayor and council, either by private donation or by execution of good and sufficient bond as will protect said city from the payment of said one-fifth (1-5) then the said mayor and council may proceed to contract with the necessary party or parties for the construction of such viaduct, bridge or tunnel under the supervision of the board of public works of such city, and to provide for the payment of one-fifth, (1-5) of the cost thereof by the city, by special tax on all taxable property in such city, and one-fifth (1-5) by special tax to property benefited, as provided in the following section, if not otherwise provided for.

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. SECS. 110-115. "An act to provide for viaducts, bridges and tunnels, in certain cases. in cities of the first

class."

SEC. 112. [Payment by city.]-The money necessary to pay for two-fifths (2-5) of the entire cost of any such viaduct, bridge or tunnel, which the city is to bear, shall be raised as follows, viz: one-fifth (1-5) of the entire cost of the work, or so much thereof as shall be covered by special benefits, shall be paid by special assessment or special taxation of real property benefited by said improvement, which benefits shall be appraised and assessed by the mayor and council upon property benefited, and according to benefits, and in such manner as said mayor and council shall direct and determine; such assessment to become due and payable within fifty days after the levy is made; and the payment of all such assessments shall be enforced in the same manner, and with like penalties for delinquencies, as are provided in the case of special assessments for the paving of streets in such city. And the remainder one-fifth (1-5) together with two-fifths (2-5) the cost of damages to abutting property, required to be paid shall be paid by said city, and shall be paid out of a special fund created and raised for the purpose of defraying the cost of such improvement, and by a tax on all the taxable property within the city; and such tax to be levied when ordered by the mayor and council, and payable at the same time as the city taxes for general city purposes.

SEC. 113. [Street railways.]-The city, with the assent of the railroad company or companies aiding in the construction of any such viaduct, bridge or tunnel, as herein provided, may permit any street railway company to build its street railway track and operate its railway upon or through the same, upon such terms and conditions, and for such compensation as shall be agreed upon between the city and the street railway company. And the compensation paid for such use shall be set apart and used towards the maintenance of such viaduct, bridge or tunnel.

SEC. 114. [Damages.]-Before entering upon the construction of any work contemplated by this act, the said mayor and council shall provide for assessing and appraising the damages, if any, sustained by property abutting on such improvements, from which appraisal of damages the owner shall have the right of appeal to the district court, as now provided by law in similar cases. The proceedings for ascertaining any such damages shall be the same as provided for in case of the change of grade of streets. And said damages shall be paid by the city, as provided in section two and three of this act.

SEC. 115. [Ordinances.]-The mayor and council of any such city shall have the power to pass any and all ordinances, not in conflict with this act, that may be necessary or proper for the construction, maintenance and protection of the works herein provided for.

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

SECTION 1. [Inhabitants required.]-All cities, towns and villages containing more than one thousand 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. Provided, That all cities in this state, organized under the provisions of "An act to provide for the organization, government, and powers of cities of the second class having more than ten thousand inhabitants," approved March 1st, 1888, or any act amendatory thereof, shall not be affected by the provisions of this act. [1879, 193. Amended 1885, chap. 16.]

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. 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.

ARTICLE I.-"An act to provide for the organization, government and powers 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.

DECISIONS RELATIVE TO MUNICIPAL CORPORATIONS GENERALLY. Contracts. 3 Neb. 408. 7 Id. 279. 9 Id. 60. 15 Id. 334, 413. Ordinances. 4 Neb. 104. 7 Id. 379. 14 Id. 31. "Resolution" is not an "ordinance." 9 Neb. 365. Power of council at adjourned session. 14 Neb. 29. Fee of streets. 15 Neb. 281. Excavation in street; adjoining lot-owner held liable for amount of judgment recovered against a city on account of injuries sustained by third party. 5 Neb. 144. Temporary obstructions in streets, necessary for building on adjoining lot, are not nuisance. 14 Neb. 267. But city has no power to grant authority to permanently obstruct a street without compensation to abutting lot-owners who suffer special damages by such obstruction. 15 Neb. 282 Grading and improving streets; special assessments; damages for change of grade. 4 Neb. 531. Grade of streets how established; how proven in court. 6 Neb. 32. Defective sidewalks; action for injuries received; damages caused by negligence of plaintiff in employment of medical aid not chargeable to city. 11 Neb. 257, See also 15 Neb. 658. Dedication of alley, by owner of adjoining lands, not platted. 15 Neb. 677.

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. [Cited 15 Neb. 87.]

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.