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fluty of the county board of the proper county, for and in the name of the county, to sue for and recover such damages as shall have occurred by reason thereof, and the money so recovered shall be paid into the treasury of the proper county, and be by the treasurer credited to the fund out of which bridge or building was constructed or repaired.

Sec. 2. That section one, of which this act is Repealing amendatory, and all acts or parts of acts in conflict with this act, are hereby repealed.

Sec. 3. Whereas, an emergency exists, therefore Emergency this act shall take effect and be in force from and

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AN ACT to amend the second division of sections 25 and 26, chapter

18 of the Compiled Statutes of 1885, so that county boards shall have power to borrow money and issue bonds for the payment thereof, to erect or otherwise provide the necessary county buildings.

Section

Be it enacted by the Legislature of the State of Ne

braska: SECTION 1. Division second of section 25, chap-amended. ter 18, Compiled Statutes of 1885, is hereby amended so as to read as follows:

Sec. 25. To erect or otherwise provide a suita- Frection of ble court house, jail, and other necessary county

buildings.

the same;

buildings, and for that purpose to borrow money
and issue the bonds of the county to pay
to keep the said buildings in repair and to provide
suitable rooms and offices for the accommodation of
the several courts of record, the county board,
clerk, treasurer, sheriff, clerk of the district court,
and county superintendent and county attorney,
provided said county attorney shall hold his office
at the county seat, and suitable furniture therefor.
But no appropriation exceeding fifteen hundred
($1,500) dollars shall be made for the erection of
any county building without first submitting the
proposition to a vote of the people of the county at
a general election or a special election ordered by
said board for that purpose, and the same is or-
dered by three-fifths of the legal voters voting
thereon.

Sec. 2. Section 26 is hereby amended to read as follows:

Sec. 26. Whenever the county board shall

SEC deem it necessary to assess taxes the aggregate of which shall exceed the rate of one dollar and fifty cents per one hundred dollars valuation of the property of the county, except when such excess is to be used for the payment of indebtedness existing at the adoption of the constitution, the county board may, by an order entered of record, set forth substantially the amount of such excess required and the purpose for which the same will be required, and if for the payment of interest or principal or both upon bonds, shall in a general way designate the bonds and specify the number of

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years such excess will require to be levied, and provide for the submission of the question of assessing the additional rate required to a vote of the people of the county at the next election for county officers after the adoption of the resolution or at a special election ordered by said county board for that purpose. If the proposition for such additional tax be carried, the same shall be paid in money and in no other manner.

Sec. 3. Division second of section 25, Chap-Section, reter XVIII., Compiled Statutes 1885, viz.: “To erect or otherwise provide when necessary and the finances of the county will justify it, and keep in repair a suitable court house, jail, and other necessary county buildings, and to provide suitable rooms and offices for the accommodation of the several courts of record, the county board, clerk, treasurer, sheriff, clerk of the district court, and county superintendent, and to provide suitable furniture therefor. But no appropriation exceeding fifteen hundred dollars shall be made for the erection of any county buildings without first submitting the proposition to a vote of the people of the county at a general election and the same is ordered by two-thirds of the legal voters voting thereon,” is hereby repealed.

Sec. 4. Section 26, Chapter XVIII., Compiled Repeal of? 26, Statutes of 1885, viz.: “Whenever the county board shall deem it necessary to assess taxes, the aggregate of which shall exceed the rate of one dollar and fifty cents per hundred dollars valuation of the property of the county, except when such

.

Stat. 1885.

excess is to be used for the payment of indebtedness existing at the adoption of the constitution, · the county board may by an order entered of record set forth substantially the amount of such excess required and the purpose for which the same will be required, and if for the payment of interest or principal or both upon bonds shall in general way designate the bond and specify the number of years such excess will require to be levied and provide for the submission of the question of assessing the additional rate required, to a vote of the people of the county at the next election for county officers after the adoption of the resolution. If proposition for such additional tax be carried, the same shall be paid in money and in no other manner, is hereby repealed.

SEC. 5. An emergency existing, this act shall take effect and be in force from and after its passage.

Approved March 31, 1887.

Emergency clause.

CHAPTER 29.

AN ACT to amend sections 53, 54, and 59 of chapter 18 of the Com

piled Statutes of Nebraska, entitled “counties and county officers,” and to repeal said original sections.

Be it enacted by the Legislature of the State of Ne

btska, SECTION 1. That section 53, of chapter 18, of the Compiled Statutes of Nebraska entitled "coun

fect on umeded.

amended,

ciuct

ties and county officers” be amended to read as follows:

SEC. 53. The board of county commissioners Board of county in all counties having not more than seventy thousand (70,000) inhabitants, shall consist of three persons, and in counties having more than seventy thousand (70,000) inhabitants shall consist of five persons. They shall have the qualifications of electors and shall be elected in their respective districts at the annual general election.

SEC. 2. That section 54, of chapter 18, of the Sectione Compiled Statutes of Nebraska entitled “counties and county officers” be amended to read as follows:

Sec. 54. Each county having not more than Voting preseventy thousand (70,000) inhabitants shall be divided into three districts numbered respectively, one, two and three, and in counties having more than seventy thousand (70,000) inhabitants shall be divided into five districts numbered respectively, one, two, three, four and five, and shall consist of two or more voting precincts, comprising compact and contiguous territory, and embracing as near as may be possible, an equal division of the population of the county and not subject to alteration oftener than once in three years, and one commissioner shall be elected from each of said districts by the qualified electors of the county as hereinbefore provided. The district lines shall not be changed at any session of the board, unless all of the commissioners are present at such session.

Provided, That in counties of seventy thousand commissioner (70,000) inhabitants or more, it shall be the duty of

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