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pledge the property and credit of the city upon its negotiable bonds or otherwise, to an amount not exceeding in the aggregate one hundred thousand dollars ($100,000), for the purpose of constructing or aiding in the construction of a system of sewerage, authority therefor having first been obtained by a majority vote of the people at an election or elections upon a proposition or propositions submitted in the manner provided by law for the submission of propositions to aid in the construction of railroads and other works of internal improvement, and to borrow money and pledge the property and credit of the city in the manner aforesaid, and upon being authorized as aforesaid, to an amount not exceeding one hundred and twenty-five thousand dollars ($125,000), for the purpose of constructing, maintaining, extending, and operating a system of water-works for said city. *The indebtedness authorized by this act shall be the limit of liability which any city governed thereby shall in any manner contract for the purposes aforesaid, and shall include all indebtedness previously contracted for said purposes.

Amended and all after * added 1891, p. 197.

2788. Before submitting any proposition for borrowing of money for either of the purposes mentioned in the preceding section, the mayor and council shall determine upon and adopt a system of sewerage, or water-works, as the case may be, and shall procure from the city engineer an estimate of the actual cost of such system and of the cost of so much thereof as the mayor and council may propose to construct, with the amount proposed to be borrowed and the plans of such system, and such estimate shall be placed and remain in the hands of the city clerk, subject to public inspection during all the time such proposition to borrow money shall be pending. After such system shall have been adopted, no change shall be made therein involving an expense of more than five hundred dollars, nor shall any other system be adopted in lieu thereof, unless authorized by a vote of the people.

2789. When a system of water-works shall have been adopted and the people shall have voted to borrow money to aid in their construction as aforesaid, the mayor and council may erect, construct, and maintain such system of water-works, either within or without the corporate limits of the city, and make all needful rules and regulations concerning the use of such water-works, and to do all acts necessary for the construction, completion, and management and control of the same, not inconsistent with this act, including the taking of private property for public use for the construction and operation of the same, compensation to be ascertained and made therefor in the manner provided by law for acquiring the right of way and depot grounds for railroad companies by the exercise of the right of eminent domain.

2790. In case such aid shall not be voted by the people in the manner aforesaid, the mayor and council may contract with and procure individuals or corporations to construct and maintain a system of water-works in such city for any time not exceeding twenty years from the date of the contract, and with a reser-1 vation to the city of the right to purchase such water-works at any time after the lapse of ten years from the date of the contract, upon payment to such individuals or corporation of an amount to be determined from the contract, not exceeding the cost of construction of such water-works; in other respects such contracts may be upon such terms as may be agreed upon by a two-thirds vote of the mayor and council, entered upon the minutes; Provided, That no such contract shall be made unless thereunto authorized by a majority vote of the legal voters of said city at a special election called for such purpose.

2791. No bonds issued by the city for any purpose shall draw interest at a greater rate than six (6) per cent per annum, for less than par or face value.

2792. All bonds issued by the mayor and council shall be redeemable at the option of the city at any time after five years from their date.

2793. Before the mayor and council shall enter upon the construction of any system of water-works a water commissioner shall be appointed, who shall give bonds in not less than the sum of five thousand dollars.

2794. Such water commissioner, under the direction and supervision of the mayor and council, shall have general management and control of such system of water-works, and of the erection and construction of the same, fixing the rates within such limits as may be prescribed by ordinance, to be paid by the inhabitants. of the city for the use of water, water-meters, and hydrants. It shall be his duty to collect all moneys receivable by the city on account of said system of water-works, and to faithfully account for the same, and pay the same over to the treasurer, taking his receipt therefor in duplicate, and filing one of the same with the city clerk; to make a detailed report to the council at least once in six months, of the condition of said water system, and of all mains, pipes, hydrants, reservoirs, and maachinery, and recominending such improvements, repairs, and extensions thereof as he may think proper, and showing the amount of the receipts and expenditures thereof for the preceding six months, and no money shall be expended upon, or for the erection, construction, improvement, or extension of said system of water-works, except upon the written recommendation of such water commissioner, nor shall any bill or claim for any work or material done or furnished for said system of waterworks be paid or allowed in whole or in part, except as the same shall have been first audited and allowed by said water cominissioner. Said water commissioner shall perform such other duties as may be required of him by ordinance, and upon his recommendation the mayor and council may employ such laborers and clerks as to them may appear necessary.

2795. No member of the council or the mayor shall be eligible to the office of water commissioner during the term for which he shall be elected.

2796. When any bonds shall have been issued by the city for the purpose of constructing or aiding in the construction of a system of water-works or a system of sewerage, there shall thereafter be levied annually upon all the taxable property of said city a tax of not less than one mill nor more than two mills 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 water-works, and from the payment and collection of water rent, taxes, and rates or assessments, and 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 retained as a sinking fund for the payment of such loans or bonds at maturity.

2797. The mayor and council may by ordinance license, restrain, regulate or prohibit the selling or giving away of malt, spirituous, or vinous, mixed, fermented, or 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 licensees, except druggists, shall be required to give bonds in all respects, and they and their sureties shall be liable on such bond 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 penalities provided by law re

specting the sale of liquors by persons licensed therefor by the county boards shall apply to and govern 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 may 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.

2798. When any city personalty tax shall have been delinquent for the term of six months or longer, the mayor or council may, if they see fit, appoint one or more delinquent tax collectors, who shall serve during the pleasure of the mayor and council, and shall have the same powers and receive the same compensation for the collection of such taxes as the county treasurer would have had or done in case such appointment had not been made. All taxes received by such collectors shall be paid over to the county treasurer at least every week, and the county treasurer shall be entitled to no compensation in relation to moneys so collected; but such appointment shall not deprive the county treasurer of any of his powers or duties or relieve him of any obligation with respect to the collection of such delinquent taxes as shall not be in fact collected by such collectors. The mayor and council may by a three-fourths vote increase the compensation of such delinquent tax collectors to an amount not exceeding ten per cent of any tax or taxes collected by him or them. The county treasurer shall, whenever required by a vote of the city council, make and furnish to them a detailed statement of all delinquent city taxes appearing upon any of the records of his office.

2799. All taxes levied for the purpose of raising money to pay the 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 under-due 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.

2800. The mayor and 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.

2801. The mayor and council may, whenever they deem it expedient, employ a special engineer to make or assist in making any particular estimate or estimates, survey or surveys; 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.

2802. The police judge shall have exclusive jurisdiction to hear and determine all offenses against the ordinances of the city, and concurrent and co-extensive jurisdiction with county courts of all ordinary civil actions and criminal pro

ceedings; and all provisions of law relative to practice, process, and judgments, and appeals therefrom, and stays of execution relative to county courts, shall apply to and govern the police court in civil actions, and summons in civil action shall be returnable, and such cases shall stand for trial as in justice's courts.

2803. Whenever complaint shall be made to the police judge, on oath or affirmation of any person competent to testify against the accused, 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 marshal, or the sheriff, or a constable of the county, or some person specially appointed by the police judge for that purpose.

2804. 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 such fines by him received, and in the event that the police judge shall fail to make report as herein provided, for a period of ten days, his office shall be declared vacant.

2805. 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.

2806. Upon good cause shown 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 a 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.

2807. In case of the breach of any recognizance 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.

2808. 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 atachment, if necessary, and all witnesses shall receive the sum of fifty cents for each day's attendance.

2809. Cases in the police court for violation of the 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 demands a jury; if a jury be demanded, the case shall be tried by a jury of six competent men, unless a smaller number be agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in jus tices' courts, and the trial of all such cases before said police judge shall be conducted in all respects not herein otherwise provided, in like manner as criminal cases beforejustices 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.

2810. 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 the violation of any ordinance, the defend

ant 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 costs 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 judgments by execution in justices' courts.

2811. 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.

2812. In all cases not herein specially provided for, the process and proceedings, before the judge shall be governed by laws regulating proceedings in county courts in civil and criminal cases respectively.

2813. When a trial shall be continued by the judge it shall not be necessary to summon any witnesses who may be present at the continuance, but the judge shall verbally notify such witnesses 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.

2814. In trials by a jury before the police judge, challenges shall be allowed in the same manner as in similiar cases before the county court.

2815. The police judge shall be a conservator of the peace, and his court shall be open every day except Sunday, to hear, try, and determine all cases cognizable before him, and he shall have power to bring parties forthwith to trial.

2816. Any person convicted before the judge of any offense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordinance.

2817. Appeals may be taken from the judgments of the police judge in criminal cases, and under ordinances in the same manner as appeals are taken from justices of the peace in criminal cases.

2818. The police judge shall have power to enforce due obedience to all orders, rules, judgments, and decrees made by him, and may fine or imprison for contempt offered to such judge whilst holding his court, or to process issued by him, in the same manner and to the same extent as the district courts.

2819. 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 per day for each day he shall work.

2820. 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.

B. 1,000 To 5,000.

Secs. 2821 to 2835. "An act to provide for the organization, government, and powers of cities and villages." 1879, p. 193. In force September 1.

2821. 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

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