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SEC. 5. [Return to county clerk.]-It shall be the duty of the assessors to enter the nativity of all persons enumerated in the foregoing tables and to keep a correct record of all cases of insanity and idiocy, noting as nearly as practicable the degree of either in every case, of which they shall make a return to the county clerk, together with all the other returns of "number of inhabitants," and "number of deaths," as indicated on the tables accompanying and forming a part of this act. These returns shall be made to the county clerk on or before the third Monday of April in each year.

SEC. 6. [Returns tabulated.]-As soon as practicable after the returns are received by the county clerk, and not later than the first Monday in May next ensuing, he shall tabulate the returns of the precinct assessors by precincts, giving the aggregates and grand totals for his entire county by a recapitulation of those of each precinct in his county, and forward the same to the secretary of state. SEC. 7. [Returns consolidated.]-On or before the first Monday in June ensuing of each year, the secretary of state will cause the returns provided for in this act to be consolidated by precincts and by counties, giving the aggregates and grand totals of each precinct and each county, and he shall cause a recapitulation of the grand aggregates and grand totals throughout the state to be made out in a careful manner. The secretary of state will a'so cause the ratio of deaths in each one thousand persons to be ascertained; end will also cause the ratio of deaths from each cause to the total deaths from all causes in each age to be ascertained, and for the purpose of facilitating his labors in carrying out the provision of this act, he is hereby authorized by and with the consent and advice of the governor of this state, to employ any competent physician to aid and assist in perfecting the returns contemplated in this act; Provided, however, that no greater amount is paid to any physician, so employed, than the sum of three hundred dollars.

SEC. 8. [Report of secretary of state.]-The secretary of state will report to the legislature, in the first week of its regular session, full and complete returns of the enumeration of inhabitants, registration of births, and registration of deaths, as provided for in this act for each year preceding, between the regular sessions of the legislature, and to enable him to do so, he is authorized, hereby, to have the said returns printed in pamphlet form; the same to be paid for out of any moneys not otherwise appropriated.

SEC. 9. [Penalty.]-It shall be unlawful for any person or persons in the state of Nebraska, to render any false statement to the registration officers provided for in this act, and the concealment of a birth, or the concealment of a death, shall be considered a penal offense against the commonwealth, and be punishable by fine, or imprisonment in the county jail for a term not to exceed one year; Provided, That nothing in this section shall be so construed as to prevent a person suspected of killing a child or adult from being indicted and punished for murder.

SEC. 10. [Payment of officers.]-The returns of the assessors to the county clerks, and the returns of the county clerks to the secretary of state and the returns of the secretary of state to the legislature, shall be verified under oath as correct and complete returns for the precincts, counties, and state respectively, and all assessors engaged in carrying out the provisions of this act, are hereby required to cause the person or persons furnishing the information sought for in this act, to make oath that the said information is correct and true to the best of their knowledge and belief. The assessors shall be paid two cents per capita for each person recorded. The county clerk shall be paid five mills per capita for compiling the precinct returns of the assessors; and the said amounts shall be allowed by the county commissioners of each county respectively, whenever the said county commissioners shall be satisfied that the assessors of the respective counties, and the clerks thereof, have complied with the provisions of this act; and the secretary of state shall be allowed two mills per capita for compiling the returns of the county clerks, the said amount to be paid out of any funds of the

state not otherwise appropriated; and should any officer, whose duty it is under the provisions of this act, to take or cause to be taken, the various classes of information provided for in this act, fail, neglect, or refuse to perform any of the aforesaid duties, he shall upon proof and conviction thereof, forfeit and pay a sum not less than one hundred dollars, nor more than five hundred dollars, and it is hereby made the duty of the district attorney in each judicial district of this state, to make diligent inquiry at the county seat of each county within their respective judicial districts as to whether any officer herein named has neglected or failed to perform the duties herein assigned to him, and in case any such neglect or failure appear he shall cause the said party or parties so offending to be or cuted and punished without unnecessary delay. [Amended 1875. 66.]

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 con-. tained 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 daytime, 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

*NOTE.-"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. In determining the bona fides of a chattel mortgage it is immaterial what the assignee of the mortgagee paid for it. 2 Neb. 253. When on default the mortgagee took possession of the property, and on the same day the owner of a judgment against him levied thereon, held, that an injunction would not lie at the instance of the mortgagee restraining a sale under the levy. 4 Neb. 373. When bill of sale treated as a chattel mortgage, 10 Neb. 334. For other provisions relative to chattel mortgages see Frauds. See also 3 Neb. 131. 8 Id. 373.

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 mortgaged property offered at such sale.

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 persons or body corporate, without first procuring the consent of the mortgagee of the property, to such sale, transfer or disposal, or shall remove, permit, or cause to be removed, said mortgaged property, or any part thereof, out of the county within which such property was at the time such mortgage was given on it, with intent to deprive the mortgagee of his security, without first obtaining the consent in writing of the mortgagee of such property to such removal, shall be deemed guilty of a 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. [1877, 5. Took effect June 1, 1877.]

CHAPTER 13.-CITIES OF THE FIRST CLASS.

SECTION 1. [Cities of the first class.]-That all cities now governed as cities of the first class, and all cities of more than twenty-five thousand inhabitants, shall be governed by the provisions of this act. [1881 § 1, chap. 17.]

SEC. 2. [Population.]-Whenever any city shall hereafter have attained a population of more than twenty-five thousand inhabitants, and such fact shall have been duly ascertained and certified to the governor by the mayor of such city, he shall declare by public proclamation such city subject to the provisions of

this act.

SEC. 3. [Corporate limits.]-The corporate limits of any city heretofore incorporated and subject to the provisions of this act shall remain as heretofore, except as changed in accordance with the provisions of the following section.

SEC. 4. [Additions to city.]-The proprietor or proprietors of any land within the corporate limits of a city of the first class, or adjoining and contiguous to the same, may lay out said land into lots, blocks, streets, avenues, alleys and other grounds under the name of addition to the city of and shall cause an accurate map or plat thereof to be made out, designating explicitly the land so laid out, and particularly describing the lots, blocks, streets, avenues, alleys, and other grounds belonging to such addition. The lots must be designated by numbers, and the streets, avenues, and other grounds by names or numbers, and such plat shall be acknowledged before some officer authorized to take the acknowledgment of deeds, and have appended a survey, made by some competent surveyor, and said surveyor shall certify that he has accurately surveyed such addition, and that the lots, blocks, streets, avenues, alleys, parks, commons, and other grounds, are well and accurately staked off and marked; and when such map or plat is so made out, acknowledged and certified and after being approved by the mayor and council, the same shall be filed and recorded in the office of the county clerk of the county; and thereupon such plat shall be equivalent to a deed in fee simple to said city from the proprietor or proprietors of all streets, avenues, alleys, public squares, parks, and commons, and of such portion of

SEC. 1.-107. "An act for an act to incorporate cities of the first class, and regulating their duties, powers and government," approved and took effect March 1, 1881. The act of incorporation must be accepted as whole. The city in accepting its benefits must perform the duties required. 5 Neb. 446.

the lan as is therein set apart for public and city use, or is dedicated to charitable, religious or educational purposes; and all additions thus laid out within the said corporate limits shall remain a part of such city; and all additions now or hereafter laid out adjoining and contiguous to the said corporate limits, shall be included within the same, and be and become thereupon a part of such city for all purposes whatsoever; and the inhabitants of such addition shall be entitled to all the rights and privileges, and subject to all the laws, ordinances, rules and regulations of the city to which said land is an addition; Provided, The mayor and council shall have power by ordinance to compel the owners of any such additions to lay out streets, avenues and alleys, so as to have the same correspond in width and direction and be continuations of the streets, avenues, and alleys in the city or in addition thereto, contiguous to or near the proposed addition; and no addition shall have any validity, rights, or privileges as an addition unless the terms and conditions of such ordinance are complied with, and the plat thereof shall have been submitted to and approved by the mayor and council and such approval endorsed thereon.

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SEC. 5. [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. 6. [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. 7. [General power.]—Each city governed by the provisions of this act shall be a body corporate and politic, and shall have powers: 1st. To sue and be sued. 2d. To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. 3d. 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. 4th. 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. 5th. 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.

SEC. 8. [Wards.]-Each city governed by this act shall be divided into six wards, the boundaries of which shall be defined by ordinance. Said wards shall be equal in population, as near as may be, and in all cities of the first class heretofore incorporated wherein existing wards are not equal in respect to population, the council of such cities shall, within thirty days after this act shall take effect, re-district said cities into six wards, equal as near as may be in population. Each ward shall constitute an election district; Provided, That when any ward shall contain over five hundred legal voters, the mayor and council may by ordinance divide such ward into two election districts.

SEC. 9. [Precinct and election districts.]-Precinct lines in that part of the county embraced within the corporate limits of a city of the first 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 election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts.

SEC. 10. [Voting-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 of 8 o'clock A. M., and 7 o'clock P. M., and no longer.

SEC. 11. [Elections -Officers.-The general city election in all cities

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