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secretary of state, stating in such certificate the name, territorial contents and boundaries of such new county; whereupon the secretary of state shall notify the governor of the result of such election, whose duty it shall be to order an election of county officers for such new county at such time as he shall designate, and he may, when necessary, fix the place of holding election, notice of which shall be given in such manner as the governor shall direct. At such election the qualified voters of said new county shall elect all county officers for said county, except as hereinafter excepted, who shall be commissioned and qualified in the same manner as such officers are in other counties in this state, and who shall continue in office until the next general election for such officers and until their successors are elected and qualified, and who shall have all the jurisdiction and perform all the duties which are or may be conferred upon such officers in other counties of this state.

clause.

SEC. 3. That said original sections four (4) Repealing and eleven (11) are hereby repealed, and that all acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 16th, 1889.

[House Roll No. 258.]

CHAPTER 6.

Amendment to
Sec. 64, Art. 1,
Chap. 18,
Comp. Stat.

Board of super

visors regular meetings.

Repealing clause.

Emergency clause.

AN ACT to amend section sixty-four (64) of chapter eighteen
(18) of the Compiled Statutes of the state of Nebraska as
said section is now in force and existence and to repeal
said section sixty-four (64).

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. That section sixty-four (64), of article one (1), of chapter eighteen (18) of the Compiled Statutes of the state of Nebraska as said section is now in force and existence, be and the same is hereby amended so as to read as follows:

SEC. 64. The regular meetings of the Board of Supervisors in all counties having township organization shall be held on the second Tuesday of January and the first Tuesday after the second Monday in July.

SEC. 2. That section sixty-four (64), of article one (1) of chapter eighteen (18) of the Compiled Statutes of the state of Nebraska as the said section is now in force and existence, be and the same is hereby repealed.

SEC. 3. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval according to law. Approved March 26th, 1889.

[Senate File No. 167]

CHAPTER 7.

AN ACT relating to highways and bridges and liabilities of
counties for not keeping same in repair.

Be it enacted by the Legislature of the State of
Nebraska:

Notice must be

when road or

safe.

SECTION 1. That whenever any highway or given Co. Com. bridge in any county in this state shall be out bridge is unof repair or unsafe for travel, any three citizens or tax payers in the state may notify the county commissioners of the commissioner district, within which the said road or bridge is situated, or if the county be under township organization, the supervisor of the town in which it is situated, in writing, setting forth a description of the road or bridge and the defects therein.

Commissioner

pairs.

SEC. 2. It shall then be the duty of the said to make recommissioner of the said county or counties, within twenty-four (24) hours after service of said notice, to commence to make suitable repairs to said highway or bridge and to place it in a safe condition for travel.

When road or

county line,

Co. to be noti

SEC. 3. If the said road or bridge shall be on bridge on the line between two counties, then the com- com. of each missioners of the respective districts within ned. which said road or bridge is located, of the respective counties shall be served with the said notice, or if it be on the line between two townships in counties under township organization, then the supervisors of both town

Counties liable for damage to person or property.

ships in which said road or bridge is situated shall be notified in like manner.

SEC. 4. If special damage happens to any person, his team, carriage, or other property, by means of insufficiency or want of repairs of a highway or bridge which the county or counties are liable to keep in repair, the person sustaining the damage may recover in a case against the county, and if damages accrue in consequence of the insufficiency or want of repair of a road or bridge erected and maintained by two or more counties, the action can be brought against all of the counties liable for the repairs of the same, and damages and costs shall be paid by the counties in proportion as they are liable for the repairs; Provided, however, that such action is commenced within thirty (30) days of the time of said injury or damage occurring.

Approved March 30th, 1889.

CHAPTER 8.

County board to aid in grading or improving streets leading into

cities of the

[House Roll

AN ACT to authorize the county board of any county in
which a city of the metropolitan, or cities of first class
having over twenty-five thousand inhabitants, is situated,
to grade, pave or otherwise improve roads leading thereto,
and to assist such city in the improvement of such roads
within the corporate limits as are extensions of roads
leading thereto.

Be it enacted by the Legislature of the State of
Nebraska.

SECTION 1a. The county board of any county metropolitan in which any city of the metropolitan, or city

or first-class.

of first class having over twenty-five thousand inhabitants, is situated, is hereby authorized and empowered whenever the road fund of said county will warrant it, to aid in the grading, paving, or otherwise improving of any street, avenue or boulevard leading into such city and within the corporate limits thereof, by providing for payment of not exceeding one-half of the cost of such grading and not exceeding the cost of the paving of intersections; and shall also be authorized and empowered to grade, pave or otherwise improve any street, avenue, boulevard or road, or any portion thereof leading into and adjacent to any such city, outside of the corporate limits, thereof and within two miles from such corporate limits, including any portion thereof leading into or across any village or town, and for such improvements outside of the corporate limits of any such city as hereinafter authorized and directed.

where such improvements

corporate

city.

SEC. 16. Whenever the county board shall Proceeding contemplate the making of such improvements are outside of outside of the corporate limits of any such city limits of such they shall notify the county surveyor, whose duty it shall be to make an examination of the proposed improvement and report an estimate of the cost thereof to said board. If upon the coming in of such report the county board determine to make the improvement, they shall cause personal notice to be served on the owners of property abutting on said road of their intention to make such improvement, and if the owner is a non-resident, then by personal service on the agent of such non-resident, if he

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