for every twenty thousand dollars of bonds so issued, which shall be known as the waterworks tax, or sewerage tax, as the case may be, and shall be payable only in money. The proceeds of such tax, together with all income received by the city from the waterworks, and from the payment and collection of water rent taxes and rates of assessments, shall first be applied to the payment of the current expenses of waterworks and interest on money borrowed and bonds issued for their construction, and the surplus, if any, shall be used for the extension of such system or retained for a sinking fund for the payment of such loan or bonds at maturity.

SEC. 92. Liquors-License.-The mayor and council may by ordinance license, restrain, regulate, or prohibit the selling or giving away of malt, spirituous, or vinous, mixed, or fermented intoxicating liquors, the license not to extend beyond the municipal year for which it shall be granted, and to determine the amount to be paid for such license, not less than the minimum sum required by any general law upon the subject; Provided, That special permits may be granted to druggists for the sale of liquors for medicinal and mechanical purposes; And provided, further, That all such licenses except druggists shall be required to give bonds in all respects, and they and their sureties shall be liable on such bonds in all respects as in case of persons to whom licenses for the sale of intoxicating liquors are or may be granted, by county boards, and all the restrictions, regulations, forfeitures, and penalties provided by law respecting the sale of liquors by persons licensed therefor by the county boards, shall apply to and govea persons' (except druggists) licensed by virtue of this section, and any person selling or giving away in said city any liquor of the description mentioned in this section, without first having complied with such regulations, and procured a license or permit therefor, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than one hundred dollars for each offense, and be committed to the city jail until such fines and costs are paid; Provided, That any permits issued to a druggist may be revoked by the council at pleasure; And further, That any license issued by the mayor and council for any purpose mentioned in this section shall be revoked by the mayor and council upon conviction of the licensee of any violation of any law, ordinance, or regulation pertaining to the sale of such liquors, and proceedings of appeal or error taken to review such judgment of conviction shall in no wise effect the revocation of such license or the effect of such conviction until such appellate or error proceedings be finally determined and such conviction be finally annulled, revoked, or

reversed.

SEC. 93. Payment of taxes. All taxes levied for the purpose of raising money to pay for interest or to create a sinking fund for the payment of the principal of any funded or bonded debt of the city shall be payable in money only, and, except as otherwise expressly provided, no moneys so obtained shall be used for any other purpose than the payment of the interest or debt for the payment of which they shall have been raised; Provided, That such sinking fund may, under the direction of the mayor and council, be invested in any of the undue bonds issued by the city, provided they can be procured by the treasurer at such rate or premium as shall be prescribed by ordinance; And provided, further, That any due or overdue bond or coupon shall be a sufficient warrant or order for the payment of the same by the treasurer out of any fund specifically created for that purpose, without any further order or allowance by the mayor or council.

SEC. 94. Printer's fees.-The mayor or council shall not allow or pay for the printing of any notice, advertisement, or publication in any newspaper any greater sum or rate than twenty-five cents per square of unleaded nonpareil type.

SEC. 95. Special engineer.-The mayor and council may, whenever they deem it expedient, employ a special engineer to make or assist in making any particular estimate or survey, and any estimate or survey made by such special engineer shall have the same validity and serve in all respects as though the same had been made by the city engineer.

SEC. 96. Police judge-Jurisdiction.-The police judge shall have exclusive jurisdiction over, and it shall be his duty to hear and determine all offenses against the ordinances of the city, and shall have jurisdiction concurrent with justices of the peace, and of misdemeanors under the laws of the state, arising within the limits of the city, when the fine which may be imposed does not exceed two hundred ($200) dollars, or the imprisonment three months; and he shall have also such concurrent jurisdiction for the examination of offenders against the laws of the state for offenses arising within the city limits.

SEC. 97. Same-Powers-Duties.-The police judge shall be a conservator of the peace and his court shall be open every day, except Sundays, to hear and determine any and all cases cognizable before him. No act shall be performed by him on Sundays, except to receive complaint, issue process, and take bail. He shall have power to enforce due obedience to all orders, rules, and judgments made by him; he shall have the same power as the district court in the issuance of warrants, subpoena, or other process that may be necessary, and may fine or imprison for contempt offered to him while holding court or to process issued by him, in the same manner and to the same extent as the district court.

SEC. 98. Same-Appeal.-In all cases before the police judge arising under the ordinances of the city, wherein the fine assessed exceeds the sum of ten dollars or the imprisonment ten days, an appeal may be taken by the defendant to the district court in and for the county in which said city is situated; but no appeal shall be allowed unless such defendant shall within ten days enter into recognizance with sufficient securities, to be approved by the judge, conditioned for the payment of the fine and costs of appeal, if it should be determined against the appellant.

SEC. 99. Same-Error.-On the trial of any case in the police court it shall be the duty of the police judge to sign any bill of exception tendered to the court during the progress of such trial; Provided, The truth of the matter be fairly stated, and thereupon said exception shall be entered in the record of such trial. Any final conviction, sentence, or judgment of the police court may be examined into by the district court on writ of error, which may be allowed by such court or the judge thereof, for sufficient cause, and proceedings may be staid as may be deemed reasonable; and the revising courts shall in such proceedings take judicial notice of all ordinances of the city.

SEC. 100. Same-Complaints.-Whenever complaints 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, the police judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the city council, policeman, the sheriff, or a constable of the county, or some person specially appointed by the police judge for that purpose.

SEC. 101. Fines and penalties. 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, and the police judge shall report at the end of each calendar month a list of all cases for violation of city ordinances instituted in his court and the disposition thereof, with a statement of the fines, penalties, and costs by him received, and shall at the end of each month pay to the city treasurer all snch fines by him received, and in the event that the police judge shall fail to make report as herein provided for the period of ten days, his office shall be declared vacant.

SEC. 102. Trial.-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. 103. Recognizance.-Upon good cause the police judge may postpone the trial of the case to a day certain, in which case he shall require the defendant to enter into recognizance, with sufficient security, conditioned that he will appear before said judge at the time and place appointed, then and there to answer the complaint alleged against him.

SEC. 104. Same-Breach.-In case of the breach of any cognizance 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 said judge, he shall immediately stop all further proceedings before him, and proceed as in other cases exclusively cognizable before the district court.

SEC. 105. 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 day's attendance.

SEC. 106. Trial by jury.—Cases in the police court for violation of city ordinances shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanor under the statutes of the state shall be tried by the police judge alone, unless the defendant demand a jury; if jury be demanded the case shall be tried by a jury of six competent men, unless a smaller number is agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in justices' courts, and the trial of such cases before said police judge shall be conducted in all respects not herein otherwise provided in like manner as in criminal cases before justices of the peace. Jurors in the police court shall receive the same fees as jurors in justices' courts, to be taxed as other costs are taxed in the case.

SEC. 107. Judgment.-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 judgment be complied with; Provided, That in any prosecution for violation of any ordinance, 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, with the cost of suit, and said judge shall enter said confession of 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 judgment by execution in justices' courts.

SEC. 108. Discharge.-Any defendant committed under the provisions of this act 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 county court.

SEC. 109. Proceedings. In all cases not herein specially provided for, the process and proceedings before the judge shall be governed by laws regulating proceedings in justices' courts in criminal cases.

SEC. 110. Continuance.-When a trial shall be continued by the judge it shall not be necessary to summon any witness who may be present at the continuance, but the judge shall verbally notify such witness as either party may require to attend before him to testify in the case on the day of trial, which verbal notice shall be as valid

as a summons.

SEC. 111. Challenges.-In trials by a jury before the police judge challenges shall be allowed in the same manner as in similar cases before the justices of the peace. SEC. 112. Punishment.-Any person convicted before the judge of any of fense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordinance.

SEC. 113. Working prisoner.-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 the 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 (one dollar and fifty cents) per day for each day he shall work.

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CH. 13a, ART. 2

SEC. 114. Vacancy in office.-In case of a vacancy in the office of police judge by death, resignation, or otherwise, or in case of the absence, disability, or personal interest of said judge, such fact being shown by affidavit, the mayor shall, on notice thereof, appoint some justice of the peace, holding and exercising the duties of his office, within the corporate limits of such city, to act as police judge during such vacancy, absence, or disability of said police judge.

SEC. 115. Viaducts.-The mayor and council shall have power to require any railroad company or companies, owning or operating any railroad track or tracks upon or across any public street or streets of the city, to erect, construct, reconstruct, complete, and keep in repair any viaduct or viaducts, upon or along such street or streets, and over or under such track or tracks, including the approaches to such viaduct or viaducts as may be deemed and declared by the mayor and council necessary for the safety and protection of the public; Provided, That the approaches to any such viaduct which any railroad company or companies may be required to construct, reconstruct, and keep in repair, shall not exceed for each viaduct a total distance of eight hundred feet. such viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public the mayor and council shall provide for appraising, assessing, and determining the damages, if any, which may be caused to any property by reason of Whenever any the construction of any such viaduct and its approaches. The proceedings for such pur pose shall be the same as provided herein for the purpose of determining damages to property owners by reason of the change of grade of a street, and such damages shall be paid by the city, and may be assessed by the city council, against property benefited, and the cost of approaches beyond said distance of eight hundred feet may also be assessed by the council against property benefited by reason of the construction of any such viaducts and its approaches. The width, height, and strength of any such viaducts and the approaches thereto, the material therefor, and the manner of the construction thereof, shall be as required by the board of public works, as may be approved by the mayor and council. When two or more railroad companies own or operate separate lines of track to be crossed by any such viaduct, the proportion thereof and of the approaches thereto to be constructed by each or the cost to be borne by each shall be determined by the mayor and council. After the completion of any such viaducts any revenue derived therefrom by the crossing thereon of street railway lines, or otherwise, shall constitute a special fund and shall be applied in making repairs to such viaduct. All ordinary repairs to any such viaduct, or to the approaches thereto, shall be paid out of such funds, if any.

SEC. 116. [Emergency clause-Act took effect Mar. 14, 1889.]

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

ARTICLE I.-CITIES OVER 1,000 INHABITANTS.*

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, 1883, 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 taxpayers 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

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. Law need not be accepted by municipalities to make it operative upon them. 19 Neb. 251. 25 Id. 710. Duty of trustees of villages to divide village into two wards, etc., when population exceeds one thousand; procedure where city desires to become a village. 19 Neb. 251. The act of 1883, which appears as Art. II of this chapter, examined and Held, To be an independent act for the government of cities having over five thousand inhabitants, and not to amend this article. 23 Neb. 423. In increasing number of wards as provided in section four, concurring vote of a majority of councilmen elected is necessary. 23 Neb. 369. Legal organization and acts of councilmen de facto will be upheld. 23 Neb. 370. Where village attains a sufficient population it becomes a city ipso facto, with authority to act by president and trustees until mayor and council are elected. 25 Neb. 712.

DECISIONS RELATIVE TO MUNICIPAL CORPORATIONS GENERALLY.-Contracts, 3 Neb. 408. 7 Id. 279. 9 Id. 60, 347. 15 Id. 334, 413. Ordinances. 4 Neb. 104. 7 Id. 379. 14 Id. 31. 23 Id. 369. "Resolution" is not an "ordinance." 9 Neb. 365. Power of council at adjourned session. 14 Neb. 29. Presumption that mayor was present at meetings of council. 23 Neb. 381. 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. 16 Id. 119. Obstructing alley; failure to show existence of alley; injunction does not lie. 25 Neb. 687. Grading and improving streets. 4 Neb. 531. 6 Id. 32. Corporation liable for damages by filling in front of lot. 17 Neb. 551. Special assessment; notice must be given to property owner. 16 Neb. 270. Injunction against special assessment for want of notice; owner must do equity by paying amount which his property is benefited. Id. 270, Rule of damages where property is taken for use of city. 23 Neb. 331. Liability for defective sidewalks, streets, etc. 11 Neb. 257. 15 Id. 658. 18 Id. 119, 251. 19 Id. 259, 383. 20 Id. 39, 230, 293. Dedication of alley by owner of adjoining lands, not platted. 15 Neb. 677. Fee of streets is in public, in trust for public use. 15 Neb. 281. Fee of streets of cities and villages, is in the corporation. 16 Neb. 119. A decision of the court that lots in a city have no legal existence because no plat or map of the city was ever filed, and recorded, such lots having been, in fact, laid out for more than twenty-five years and taxed as such, Held, Contrary to public policy, 16 Neb. 218. Intention of proprietor in platting lots and streets is indicated by visible monuments placed at corners, etc., and in case of variance between plat and survey, actual lines run on ground will control. 16 Neb. 249. Property adjacent to street, Held, To be a part of the street, in case stated. 25 Neb. 137. Cities may impose occupation tax upon liquor dealers in addition to tax for license to sell; payment of such tax, however, cannot be made condition precedent to issuing of license to sell intoxicating liquor. 19 Neb. 207. Municipal corporation not liable to garnishment. 2 Neb. 167. 12 Id. 617. Where at time of election of officers no salary is fixed, an ordinance passed afterwards fixing salary is good. 19 Neb. 443. 20 Id. 161.