and perform such other duties as may be required of him by ordinance. He shall make a detailed report to the city council at least every six months, showing the condition of such system, and of all such improvements, repairs, extensions, and additional machinery, which he may think proper to make or obtain, together with au estimate of the cost thereof. He shall also at the same time make a detailed report of all expenses incurred in the running and management of such system of lights since his last previous report. He shall receive a salary to be fixed by the city council, by ordinance, and may be removed at any time by a two-thirds vote of the council. [Id., § 4.]

1493 SEC. 142. [Rates.] The city council shall fix by ordinance the rates to be charged for the use of its lights, and shall provide the manner of collecting the same. The commissioner shall make duplicate receipts for all moneys collected, one of which shall be given to the person from whom the money is collected, and the other shall be retained in his office, and delivered to his successor in office. All money collected for the use of electric lights shall be paid over to the city treasurer and kept by him in a separate fund, and be used for the operation, maintenance, repair, and extension of such system, under the direction of the city council. [Id., § 5.]

PARKS AND PUBLIC GROUNDS.

1494 SEC. 143. [Title-Government.] Cities and villages in this state are empowered and authorized to receive by gift or devise real estate within their corporate limits or within five miles thereof for purposes of parks or public grounds. Such real estate shall be vested in the city or village upon the conditions imposed by the donors, and upon the acceptance by the mayor and city council or the board of trustees, the jurisdiction of the city council or board of trustees shall be hereby extended over such real estate. The city council and board of trustees of villages shall have power to enact by-laws, rules, and ordinances for the protection and preservation of any real estate acquired as herein contemplated, and to provide suitable penalties for the violation of any such by-laws, rules, or ordinances. The police power of any city or village that shall acquire any real estate as herein contemplated shall be at once extended over the same by virtue of this act. [1889, chap. 23.]

1495 SEC. 143a. [Parks-Public grounds-Police power.] Any city in this state of more than 5,000 and less than 25,000 inhabitants is hereby authorized to take land in fee within its corporate limits or within five miles thereof by donation, devise or purchase, and to hold and improve such land for parks and public grounds. The jurisdiction of the mayor and city council of any city that shall acquire any real estate as herein contemplated, and the police power thereof, shall be at once extended over the same by virtue of this act, and the mayor and city council shall have power to enact by laws, rules and ordinances for the protection and preservation of any real estate acquired as herein contemplated, and provide suitable penalties for the violation of any such by-laws, rules or ordinances. [1895, chap. 18, §1.]

1496 SEC. 1436. [Same-Bonds.] The mayor and council shall have power to borrow money and pledge the property and credit of the city upon its negotiable bonds or otherwise to an amount not exceeding in the aggregate fifteen thousand dollars ($15,000) for the purpose of purchasing and improving land for parks and public grounds as in this act contemplated, authority therefor having first been

SEC. 143. "An act to empower cities and villages to acquire real estate by gift or devise for parks and public grounds and for the protection of such real estate." Passed and took effect Feb. 25, 1889. Laws, 1889, chap. 23. See sec. 108, chap. 12a.

SECS. 143a-b. "An act to empower cities of more than 5,000 and less than 25,000 inhabitants to purchase, take by donation or devise, own and improve land for parks and public grounds, and to borrow money on the bonds of such cities, for the purchase and improvement of such parks and public grounds, and to call elections and submit propositions to the electors of such cities for the issuance of such bonds. Took effect Aug. 1, 1895. Laws, 1895, chap. 18.

obtained by a majority vote of the electors of the city voting on such question at an election called for that purpose 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 fifteen thousand dollars ($15,000) for the purpose of purchasing, and improving land for park or parks and public grounds for said city; Provided, That the indebtedness authorized by this act shall in no case exceed fifteen thousand dollars ($15,000); And provided further, That the called election mentioned in this section may be had at the same time of the general city election or at any other time. [Id., § 2.]

1497 SEC. 143c. [Park commissioners.] In each city in this state of more than 5,000 and less than 25,000 inhabitants, which has already or shall hereafter acquire land for a park or parks, there shall be a board of park commissioners, who shall have charge of all the parks belonging to the city, with power to establish rules for the management, care and use of the same. Said board of park commissioners shall be composed of three (3) members, who shall be resident freeholders of such city, and who shall be appointed by the judge or judges of the district court of the judicial district in which such city shall be situated. The members of said board shall be appointed by said judge or judges, the majority concurring, on the second Monday of January, 1896, or on the second Monday of January following the establishment of the first park in any city, one for the term of one year, one for the term of two years, and one for the term of three years, and after the ap-. pointment of said three members it shall be the duty of said judge or judges, a majority concurring, to appoint or reappoint one member of said board each year on the second Monday of January. A majority of all the members of the board of park commissioners shall constitute a quorum. It shall be the duty of the said board of park commissioners to lay out, improve and beautify all grounds now owned or hereafter acquired for public parks, and employ helpers and laborers as may be necessary for the proper care and maintenance of such parks and the improvement and beautifying thereof to the extent that funds may be provided for such purposes. The members of said board, at its first meeting each year after the second Monday in January, shall elect one of their own members as chairman of said board. Before entering upon their duties each member of said board shall take an oath, to be filed with the city clerk, that he will faithfully perform the duties of his office, and will not in any manner be actuated or influenced therein by personal or political motives. The members of said board shall each receive the salary of ten dollars per annum. For the purpose of paying such salaries, providing funds for laying out, improving and beautifying parks and public grounds, and providing for the payment of the salaries and wages of the employes of said board, the mayor and council shall each year, at the time of making the levy of taxes for general city purposes, make a levy not less than one-half (3) mill and not exceeding two (2) mills on the dollar valuation on all the real estate and personal property within the corporate limits of such city, taxable according to the laws of this state, which levy shall be collected into the city treasury and constitute the park fund of the city. All accounts against said fund for salaries and wages of said board and its employes and other expenses of such parks shall be audited and allowed by the park commission, and warrants thereon shall only be drawn by the chairman of said commis

SEC. 143c. "An act to create a board of park commissioners in cities of more than 5.000 and less than 25,000 inhabitants where public park or parks already exist or may hereafter be established, and to provide for the appointment of such park commissioners, to define their duties, to fix their compensation, to provide by a tax for a park fund to improve and maintain parks." Took effect Aug. 1, 1895. Laws, 1895, chap. 19.

sion; warrants so drawn shall be paid by the city treasurer out of such fund. [Laws, 1895, chap. 19.]

1498 SEC. 144. [Penalty-Contracts by officers.] Any officer of any city in this state who shall hereafter be interested directly or indirectly in any contract to which the city is a party, or who shall enter into any contract to furnish, or shall furnish to any contractor, or sub-contractor, with a city of which he is an officer, any material to be used in performing any contract with such city, shall, upon conviction thereof, be fined in any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). [1889, § 1, chap. 6.]

1499 SEC. 145. [Same.] Any officer of any village in this state, who shall hereafter be interested directly or indirectly in any contract to which such village is a party, or who shall enter into any contract to furnish, or shall furnish to any contractor or sub-contractor with the village of which he is an officer, any material to be used in performing any contract with such village, shall, upon conviction thereof, be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). [Id., § 2.]

BONDS FOR COUNTY COURT HOUSE.

1500 SEC. 146. [Bonds-Conditions.] The mayor and council of cities of the second class shall have and hereby are given the power and authority to borrow money and pledge the property and credit of such city upon its negotiable bonds in an amount not to exceed five (5) per centum of the assessed valuation of the taxable property within the limits of such city for the purpose of aiding in the building, erecting, constructing, or repairing and furnishing a county court house, in addition to bonds already voted by the county, authority for the issuance of such bonds having first been obtained by a three-fifths (3-5) vote of the qualified electors of such city voting on a proposition for such purpose at any general or special election; such proposition to be submitted to such electors in the manner now provided by the laws of this state for the submission of propositions to aid in the construction of railroads and other works of internal improvements, such bonds to bear interest not to exceed six per centum per annum, and to be sold for not less than par and run not to exceed twenty years. [1889, § 1, chap. 9.]

1501 SEC. 147. [Election.] The election at which any such proposition shall be voted upon shall in all respects be conducted and the returns shall be canvassed and declared in the manner now provided by law for such purposes at general elections held in such cities. [Id., § 2.]

EQUALIZATION OF ASSESSMENTS.

1502 SEC. 148. [Board of equalization.] That in all cities of the second class in the state in counties under township organization and in counties that may come under such organization, the city council and supervisors of such cities shall constitute a board of equalization for such city, whose duty it shall be to meet and equalize the assessments of such city at the same time and in the same manner as now provided by law for townships in counties under township organization. [1889, chap. 76.]

SECS. 144, 145. "An act to punish city and village officers who become interested in contracts with the city or village, or who furnish any material to any person contracting with the city or village." Passed and took effect March 15, 1889. Laws, 1889, chap. 6. See 29 Neb., 852. Id., 149.

SECS. 146, 147. "An act to authorize and empower cities of the second class to vote upon propositions to issue bonds and to devote the proceeds thereof in aid of the construction of a county court house." Passed and took effect Feb. 15, 1889. Laws, 1889, chap. 6.

SEC. 148. "An act to provide for the equalization of assessments in cities of the second class, under township organziation." Passed and took effect March 27, 1889. Laws, 1889, chap. 76.

WATER WORKS-EXTENSION, ETC.

1503 SEC. 149. [Water Works-Extension, etc.-Bonds.] Cities of the second class and incorporated villages owning their own system of water works are hereby authorized and empowered to borrow money or issue bonds, not exceeding five per centum of the assessed value of taxable property within said city or incorporated village according to the last preceding assessment, in addition to the amount of indebtedness now authorized by law for water purposes, for the purpose of extending, enlarging or improving its system of water works as the needs of said city or incorporated village or its inhabitants may require; and levy and collect a general tax, in addition to the taxes otherwise authorized, in the same manner as other municipal taxes may be levied and collected, to an amount sufficient to pay the interest and principal of said bonds as the same mature, on all the property within such city or incorporated village as shown and valued upon the assessment rolls of the assessor of the proper precinct or township in which said city or incorporated village is located; and all taxes raised under this clause shall be retained in a fund to be known as the Water Extension Fund; Provided, that no such money shall be borrowed or bonds issued unless the same shall have been authorized by a vote of three-fifths of the electors of such city or incorporated village voting at said election, to be voted upon at any general election, or any special election called for that purpose. The bonds shall be the bonds of the city or incorporated village and shall be called the "Water Extension Bonds" to become due in twenty years from the date of issue, but payable any time after ten years, drawing not exceeding seven per cent interest. per annum, payable annually. [1895, chap. 17.]

VILLAGES IN TWO OR MORE COUNTIES.

1504 SEC. 150. [Incorporation, proceedings.] That a majority of the taxable inhabitants 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 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.]

1505 SEC. 151. [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.]

1506 SEC. 152. [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.]

1507 SEC. 153. [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. 149. "An act to authorize cities of the second class and incorporated villages to borrow money or issue bonds for the purpose of extending, enlarging or improving water-works systems owned by said city or village, and to provide a system of taxation for the payment of the principal and interest thereof.” Took effect Aug. 1, 1895. Laws, 1895, chap. 17.

SECS. 150-156. "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.

1508 SEC. 154. [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.]

1509 SEC. 155. [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.] 1510 SEC. 156. [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.]

ARTICLE II.—CITIES OF SECOND CLASS OVER 5,000 INHABITANTS. 1511 SECTION 1. [Population.] That all cities of the second class having more than five thousand (5,000) and less than twenty-five thousand (25,000) inhabitants shall be governed by the provisions of this act. [1883, chap. XVI. amended 1885, chap. 14.]

As

1512 SEC. 2. [Proclamation of governor.] Whenever any city shall hereafter have attained a population of five thousand inhabitants, and such fact shall have been duly ascertained and certified by the mayor of such city to the governor, the governor shall by proclamation declare such city to be a city of the second class and subject to the provisions of this act. [Id.]

1513 SEC. 3. [Adjacent property.] Any city heretofore incorporated and subject to the provisions of this act shall include within its corporate limits all the territory heretofore included therein, and also the mayor and council may by ordinance include within the corporate limits of such city all territory contiguous or adjacent thereto which has been at any time, by the owner or proprietor thereof, or by any one by his or her authority or acquiescence, laid off or subdivided into lots or blocks containing not more than five acres of land each, whether the same shall have been so laid off, subdivided, or platted in accordance with any statute of this state or otherwise, and the mayor and council shall have the power by ordinance to compel the owners of any contiguous or adjacent land or any part thereof brought within the corporate limits of such city as aforesaid, to lay out streets, avenues, and alleys so as that the same shall correspond in width and direction and be continuous with the streets, avenues, and alleys of such city or otherwise, as shall appear most for the convenience of the inhabitants of such city and the public, and to vacate any public road heretofore established through such land where necessary to secure regularity in the general system of streets, avenues, and alleys through the same. [Id.]

1514 SEC. 4. [Same.] Whenever any land lying contiguous or adjacent to any such city, or to any addition or extension thereof, shall be or shall have been, by the owner or proprietor thereof, or any person by or with his or her authority or acquiescence, laid off into lots or blocks containing not more than one acre of land, whether the same shall have been or shall be laid off, subdivided, or platted

ART. II. "An act to provide for the organization, government, and powers of cities of the second class having more than five thousand inhabitants." Took effect March 1, 1883. Act is constitutional. 16 Neb.. 76, 388. Title of act amended by act taking effect March 5, 1885. Nebraska City having a population of over 5,000 is governed by provisions of this article. The preceding sections, 131-137, art. I, relative to cemeteries, do not apply to cities governed by art. II. 23 Neb., 421.