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.

SEC. 74. [Council or mayor not eligible.]-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.

SEC. 75. [Tax for sewerage and waterworks.]-When any bonds shall have been issued by the city for the purpose of constructing or aiding in the construction of a system of waterworks 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 pay. able 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 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.

SEC. 76. [Repealed by the provisions of an act entitled "An act to repeal section 76, of article 2, of chapter 14, of compiled statutes of 1881, entitled, 'Cities of the second class and villages,' and to amend section 25, of chapter 76, of the compiled statutes of 1881, entitled, registration of voters," Laws 1887, Chap. 13.] SEC. 77. [Liquors.]-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 licensees, 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 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.

SEC. 78. [Delinquent taxes.]-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 pleas ure 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.

SEC. 79. [Payment of taxes.]-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 over-due 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. 80. [Printer's fees.]-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.

SEC. 81. [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 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.

SEC. 82. [Jurisdiction of police judge.]—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 proceedings; 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.

SEC. 83. [Complaints.]-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.

SEC. 84. [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 such 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. 85. [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. 86. [Recognizance.]—Upon good cause shown, the police judge may

SEC. 82. Police judge has no jurisdiction in civil cases. 16 Neb. 333.

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. 87. [Same-Breach.]—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.

SEC. 88. [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. 89. [Trial by jury.]—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 demand 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 justices' 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 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. 90. [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 the 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 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.

SEC. 91. [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. 92. [Proceedings.]—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.

SEC. 93. [Continuance.]-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.

SEC. 94. [Challenges.]-In trials by a jury before the police judge, challenges shall be allowed in the same manner as in similar cases before the county court.

SEC. 95. [Duties of police judge.]-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.

SEC. 96. [Punishment.]—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.

SEC. 97. [Appeal.]-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.

SEC. 98. [Power of police judge.]-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.

SEC. 99. [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 per day for each day he shall work.

SEC. 100. [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.

ARTICLE III.-VILLAGES IN TWO OR MORE COUNTIES.

SEC. 1. [Incorporation, proceedings.]—That a majority of the taxable in habitants of any village situated in two or more counties may present a petition to the county board of any county in which any part of such village is situated, praying that they may be incorporated as a village, and such county board shall act upon said petition, the same as if said village were situated wholly within the county where said petition shall be presented. And if the said county board shall declare such village incorporated, the said village shall thereafter be governed by this act, and the provisions of the statutes of this state, applicable to the government of villages. And the county clerk of said county shall immediately certify the proceedings relating to the incorporation of such village to the county board of each other county, in which any part of said village is situated, and each county board, to which the said proceedings shall be certified shall enter such proceedings upon their records. [Laws, 1893, chap. 9, § 1.]

SEC. 2. [Justices of the peace, jurisdiction.]-Justices of the peace, residing in any precinct or township in which any part of such village is situated, shall have jurisdiction in all matters arising under the ordinances of said village. [Id., § 2.] SEC. 3. [Trustees, vacancies.]-The board of trustees of any such village shall have power to fill by appointment any vacancy that may occur in their number. [Id., § 3.] SEC. 4. [Jails.]-That any incorporated village situated in two or more counties, may have the right to use the jails of any and all counties in which any part of such village is situated. [Id., § 4.]

SEC. 5. [Taxes.]-That taxes levied for village purposes, in villages situated in two or more counties, shall be certified to the county clerk of each county in which any part of such village is situated and said county clerk shall place the same on the proper tax list. [Id., § 5.]

SEC. 6. [Acts legalized.]-That all villages situated in two or more counties which have been declared incorporated by the county boards of all counties in which any part of said villages are situated are hereby declared to be duly and lawfully incorporated, and such villages and their boards of trustees, and the officers by them appointed, and all acts done, and all ordinances adopted by them are hereby declared to be legal and valid if such acts and ordinances would be legal and valid when done and adopted by the legally constituted board of trustees of any village. [Id., § 6.]

ART. III.

"An act to provide for the incorporation of villages situated in two or more counties, and for the publishing therein of notices and other publications." Took effect April 8, 1893.

SEC. 7. [Notices, publication.]-That all notices and other publications, required by law to be published in any county in which any part of an incorporated village is situated, may be published in any newspaper published in said village, and such publication shall have the same force and effect as it would have if published in each and every county in which any part of such village is situated. [Id., § 7.]

CHAPTER 14 a.-CIVIL RIGHTS,

SECTION 1. [Equal privileges.]-All persons within this state shall be entitled to a full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, restaurants, public conveyances, barber shops, theaters, and other places of amusement; subject only to the conditions and limitations established by law, and applicable alike to every person. [1885, chap. 104. Re-enacted 1883, chap. 10.] SEC. 2. [Same-Penalty.]—Any person who shall violate the foregoing section by denying to any person, except for reasons by law applicable to all persons, the full enjoyment of any of the accommodations, advantages, facilities, or privileges enumerated in the foregoing section, or by aiding or inciting such denials, shall for each of fense be deemed guilty of a misdemeanor and be fined in any sum not less than twentyfive (25) dollars nor more than one hundred (100) dollars and to pay the costs of the prosecution. [Id.]

CHAPTER 15.-COMMON LAW.

SECTION 1. [Common law in force.]-So much of the common law of England as is applicable and not inconsistent with the constitution of the United States, with the organic law of this territory, or with any law passed or to be passed by the legislature of this territory is adopted and declared to be law within said territory.

CHAP. 14 a. "An act to provide that all persons shall be entitled to the same civil rights, to punish all persons for violations of its provisions to repeal," etc., chap. 14a, C. S. Took effect Mar. 17, 1893. Laws 1893, chap. 10. Act valid so far as it relates to citizens. 25 Neb., 675.

CHAP. 15. CHAP. VII., R. S. 31. The common law relative to trespass by stock on uncultivated uninclosed land Is not in force. 10 Neb., 493. 11 Id., 533. Application of principles. 12 Neb., 4. Trusts. Cited 29 Id., 700.