fees shall be governed by existing law governing assessor's fees. Provided, That the town clerk shall receive fees for the following services and not a per diem: For serving notices of election as required by law, twenty-five (25) cents each; filing papers, ten (10) cents each; posting notices as required by law, twenty-five (25) cents each; for recording any order or instrument of writing authorized by law, five cents for each one hundred words; for copying any record in his office and certifying the same, ten cents for each one hundred words, to be paid by the person applying for the same; and for copying by-laws, for posting or publication, five cents for each one hundred words. [Id., § 59.]

2363 SEC. 60. [Same-Town board.] The members of the town board shall be entitled to two dollars per day each for their services while actually engaged in their duties as such board.

2361 SEC. 61. [Same.] No justice of the peace or town officer shall be entitled to any fee or compensation from any individual elected or chosen to a town office for administering to him the oath of office.

2365 SEC. 62. [Suits.] When any controversy or cause of action shall exist between any towns of this state, or between any town and individual or corporation, proceedings may be had or suits brought, either at law or in equity, for the purpose of trying and finally settling such controversies. In all such suits and proceedings the town shall sue and be sued by its corporation name, except when town officers shall be authorized by law to sue in their names of office for the benefit of the town. [Id., § 62.]

2366 SEC. 62a. [Same-Process-Defenses.] In all legal proceedings against the town by name, the first process and all other writs or proceedings required to be served shall be served on the town clerk of the town, and whenever any suit or proceedings shall be commenced against the town, it shall be the duty of the town clerk to attend to the defense thereof, and lay before the electors of the town, at the first town meeting, a full statement of such suit or proceeding for their consideration and direction. [Id., § 63.]

2367 SEC. 626. [Judgments-Town charges.] All judgments recovered against a town or against town officers, in actions prosecuted by or against them in their names of office, shall not be collected by execution, but shall be a town charge, and when levied and collected shall be paid to the person or persons to whom the same shall have been adjudged. [Id., § 64.]

2368 SEC. 62c. [County board-Duties-Compensation.] The board of county supervisors shall meet at such times and in such manner as provided by law. Each supervisor shall have special charge of the expenditure of money appropriated out of the county treasury by the board for roads, bridges, and culverts within his district, except in city districts, where the board shall direct as to which one of the supervisors shall supervise the expenditure of the money appropriated as aforesaid. Each supervisor shall make a full and correct report of all moneys received and disbursed by him for all county purposes to the county board at the first meeting of such board after the receipt and disbursement of any such money. The supervisors under this act shall receive the same compensation for their services and mileage as now provided for for county commissioners, except in counties over 70,000 inhabitants, where their saleries shall be fixed by law. [Id., § 65.]

2369 SEC. 62d. [Act not applicable to cities.] None of the provisions of this act in regard to meeting of electors of their respective towns and their powers, shall apply to towns whose limits are co-extensive with cities of the first and second class, but such cities, and the inhabitants thereof, shall continue to be governed by the laws specially applicable thereto, with such power only as conferred by law or election in the choosing of supervisors, assessors, judges, and clerks of election, and other county officers. [Id., § 66.]

2370 SEC. 62e. [Proceedings in counties now having township organization.] In counties now governed by township organization it shall be the duty of the county clerk of each county governed as aforesaid to call a special session of the board of supervisors, by giving the notice now required by law for special meetings of said board. Such notice shall be given within twenty days after this act takes effect and such meeting shall be called to take place in ten days from the giving of such notice. The county clerk shall specify the object of the meeting which shall be for dividing the county into suitable supervisor districts and choosing supervisors for such districts. At the meeting of such board, or a quorum of the same, the board shall at once proceed to divide the county into supervisor districts, and number the same, all of which shall be done as provided in sections four (4), five (5) and six (6) of this act. After such division shall have been made by the board of supervisors in each district, if there be more than one supervisor they shall cast lots among themselves as to which one of their number shall be the supervisor for such district, and the one selected shall be the supervisor of such district. The supervisor so chosen shall give a bond as required by law which bond shall be approved by the county judge. As soon as the county is divided into districts and the supervisors are assigned to their respective districts and there shall be no vacancies, the board shall at once organize by electing one of their number as chairman. In the event there are any vacancies the remaining members shall fill such vacancy by appointing some suitable person being an elector within the supervisor district for which he is appointed, which person shall qualify by giving bond and filing the oath of office the same as the other supervisors and shall from the approval of his bond be a member of the board of supervisors and shall represent the district for which he was appointed. And as soon as such appointment is made and bond approved the board shall organize as herein provided. In case the person appointed fails or refuses to qualify within ten days after his appointment another person possessing the qualification shall be appointed. In the event there are vacancies to be filled the board shall after filling them adjourn for ten days when they shall meet, and the person or persons so appointed shall also meet with them, in case the bonds have been duly approved, and then the board shall organize by choosing a chairman and he shall appoint the necessary committees, and from and after such organization such board shall have all the power, and perform all the duties of county boards as provided by the laws of this state. And the powers of the township supervisors shall cease and determine from and after the time when the county is divided into districts and the new members assigned to their districts as herein provided. [Id., § 67.]

2371 SEC. 62f. [Supervisors-Term of office.] The supervisors selected and appointed as provided in this act shall hold their respective offices until the next general election following their selection or appointment and until their successors have been duly elected and qualified. [Id., § 68.]

2372 SEC. 62g. [Supervisors-Election.] At the next general election following the adoption of township organization, or the division of any county now under township organization into supervisor districts as provided by this act, there shall be elected in each supervisor district one supervisor, who shall be nominated and elected by the qualified electors of the district for which such supervisor is elected, and each district shall nominate its supervisor in the same manner as near as may be as other district officers are nominated, and the votes cast for such supervisor in the different townships, cities or wards within such districts shall be counted, canvassed, and returned the same as is done for county officers. The person who shall receive a plurality of all the votes cast for supervisor within the district shall be declared the

elected supervisor for such district and shall receive a certificate of election from the county clerk the same as other officers. [Id., § 69.]

2373 SEC. 62h. [Supervisors-Term of office.] At the next general election after the adoption of township organization, and the division of the county into supervisor districts as contemplated by this act, there shall be elected in each supervisor district one supervisor, and the supervisors elected in the odd numbered districts shall hold their offices for one year, and the supervisors elected in the even numbered districts shall hold their offices for two years. In double or city districts the ballots shall state which one of the supervisors is elected for the odd, and which one for the even numbered district. Each district shall thereafter elect one supervisor every two years, and each supervisor after the first election as stated above shall hold his office for the term of two years and until his successor is duly elected and qualified. [Id., § 70.]

2374 SEC. 62. [Number of inhabitants, how ascertained.] For the purpose of ascertaining the number of inhabitants in the several districts provided by this act, the supervisors, or commissioners as the case may be, shall ascertain the whole number of votes cast at the last preceding general election held within the county, and shall multiply the number of votes so cast by five, and this result shall be taken as the whole number of inhabitants of the county or any part thereof as the case may be, and the supervisor districts shall be divided upon the foregoing basis and in accordance with the results thus obtained. [Id., § 71.]

2375SEC. 62j. [Districts-Changed, when.] The supervisor districts may be changed after each state and federal census if it shall appear from an examination or the number of votes in any district or districts that the inhabitants have become unequal among the several districts. [Id., § 72.]

2376 SEC. 62k. [County board-Government.] In the absence of any special provision governing the board of supervisors as contemplated by this act, such board of supervisors shall be governed by and perform all the duties, and have all the powers applicable to county boards as provided by the general laws of this state. Id., § 73.]

2377 SEC. 621. [Pending matters.] Any incompleted matters pending before any of the county commissioners or boards of supervisors of this state when this act takes effect shall be taken up and completed or disposed of by the new board in the same manner and to the same effect as the old board should or might have done, and this act shall in no way affect any pending business or matter, but the same shall be carried on, determined, and completed, the same as if commenced before the board created by this act. [d., § 74.]

2378 SEC. 62m. [Acts repealed.] That an act entitled an act to provide for township organization, to define the rights, powers, and liabilities of towns, and the duties, powers, and compensation of the officers thereof, approved February 24, 1893, the same being sections 1 to 62, both inclusive, of article 4, chapter 18. of the Compiled Statutes of the State of Nebraska, as now existing, be and the same hereby is repealed. [Id., § 75.]

DISCONTINUANCE OF TOWNSHIP ORGANIZATION.

2379 SEC. 63. [Discontinuance.] Any county of the state of Nebraska which may have adopted township organization, or that may hereafter adopt the same pursuant to the constitution and any statute of the state, shall discontinue the same whenever the majority of the electors of said county voting on the question of such discontinuance shall so decide in the manner herein provided. [1885, chap. 43.]

SECS. 63-70. "An act to provide for the discontinuance of township organization in any county, to adjust the affairs and provide a revenue to pay the indebted less of the towns, and establish a temporary county organization." Took effect June 5, 1885. Laws, 1885, chap. 43.

2380 SEC. 64. [Question submitted.] Whenever a petition or petitions for a submission of the question of the discontinuance of township organization to the voters of his county, signed by a number of electors not less than ten per cent of those voting at the last general election, shall be filed in the office of the county clerk not less than thirty days before the date of any general election, it shall be the duty of said county clerk to cause said question to be submitted to the voters of said county at such election and give notice thereof in the general notice of such election. [Amended 1895, chap. 29.]

2381 SEC. 65. [Ballots.] The forms of ballots shall be respectively for continuance of township organization" and "against continuance of township organization," and the same shall be written or printed upon the regular ballots cast for officers voted for at such election, and shall be counted and canvassed in the same

manner.

2382 SEC. 66. [Returns.] If it shall appear from the returns of said election that a majority of the votes cast on the question are against the continuance of township organization, then such organization shall cease to exist as soon as a board of county commissioners are appointed and qualified, as hereinafter provided.

2383 SEC. 67. [County commissioners.] When township organization shall cease in any county, as provided by this act, the office of county commissioner, which became vacant by reason of its adoption, is hereby restored, and such county is hereby divided into commissioner districts, with the same boundaries and comprising the same territory as such districts had when township organization was adopted.

2384 SEC. 68. [Same-Appointment.] On the first Saturday after the first Tuesday of January following the election at which township organization shall be voted to be discontinued, the county commissioners of such county, for the purpose of temporary organization under this act, shall be appointed by the county clerk, treasurer, and county judge of said county, and their successors shall be elected at the next general election in the manner provided by law in cases of the first election of a board of commissioners in any county.

2385 SEC. 69. [Same-Government.] The board of county commissioners, appointed as herein provided, shall be the legal successors of the board of supervisors in said county; and the county in which township organization shall be discontinued, and such board of county commissioners shall thereafter be governed by the laws that shall govern counties not under township organization, and in the same manner that said county would have been governed had not such organization been adopted.

2386 SEC. 70. [Duties of town clerk-Disposition of town property.] Where township organization shall be discontinued in any county, it shall be the duty of the town clerk in each town in said county, as soon as the board of county commissioners are appointed and qualified, to deposit with the county clerk of the county all town records, papers, and documents pertaining to the affairs of such town, and to certify to him the amount of indebtedness of such town outstanding at the time of such discontinuance, and the board of county commissioners shall have full and complete power to settle all the unfinished business of the towns as fully as might have been done by the town itself, and dispose of any and all property belonging to such towns, the proceeds of which, after paying all indebtedness, shall be disposed of by the board of county commissioners of such county for the benefit of the taxable inhabitants thereof, by their crediting all unexpended balances of said towns to such fund or funds as they in their discretion shall deem for the best interest of such county, and it shall be their duty, at such time as shall be provided by law, to levy a tax upon the taxable property of such towns, to pay any unliquidated indebtedness it may have outstanding.

CHAPTER 19.-COURTS-SUPREME AND DISTRICT.

COURT OF IMPEACHMENT.

2387 SECTION 1. [Impeachments.] All impeachments of state officers shall be tried before the supreme court, except the impeachment of any judge of said court, and the impeachment of a judge of the supreme court shall be tried before all the district judges of the state. [1879, 82.]

2388 SEC. 2. [Powers.] A court of impeachment shall have power to proceed with a trial only when two-thirds of all the members thereof are in attendance, but any less number shall have power to adjourn to any reasonable time.

2389 SEC. 3. [Rules.] A court of impeachment shall make such rules and orders as in its discretion shall be best adapted to a full, fair, and impartial investigation of the charges made and to the promotion of substantial justice.

2390 SEC. 4. [Clerk and reporter.] The clerk of the supreme court shall act as the clerk of the court of impeachment, and the court may appoint a shorthand reporter, and such officers shall each receive such an allowance as the court of impeachment may authorize to be by them reported for the consideration of the legislature at its next session.

2391 SEC. 5. [Order of business.] Whenever the court of impeachment in any way interferes with the business of any other court or county of the state, that of the court of impeachment shall take precedence.

2392 SEC. 6. [Presiding judge.] When the court of impeachment is composed of the district judges of the state they shall elect one of their number to act as the presiding judge of said court; in all other cases the chief justice shall preside, and the clerk of said court shall keep a full record of each day's proceedings, in a book to be specially provided for that purpose, and of which book the clerk of the supreme court shall always be the custodian, and each day's proceedings shall be signed by the judge presiding.

2393 SEC. 7. [Opinions.] The written opinions of any court of impeachment shall be reported in the volume of supreme court reports issued after the adjournments of said court.

2394 SEC. 8. [How tried.] An impeachment of any state officer shall be tried, notwithstanding such officer may have resigned his office, or his term of office has expired; and if the accused person be found guilty, judgment of removal from office, or disqualifying such officer from holding or enjoying any office of honor, profit, or trust in the state, or both, may be rendered as in other cases.

2395 SEC. 9. [Same.] An impeachment against any state officer shall be tried, and judgment of removal from office, or of disqualification to hold office, may be rendered, notwithstanding the offense for which said officer is tried occurred during a term of office immediately preceding.

SUPREME COURT.

2396 SEC. 10. [How constituted.] The supreme court shall consist of three judges, a majority of whom shall be necessary to constitute a quorum or pronounce a decision.

2397 SEC. 11. [Chief justice.] The judge of the supreme court having the shortest term to serve, not holding his office by appointment or election to fill a

CHAP. 19, SECS. 1-49. "An act to amend chapter 13 of the Revised Statutes of 1866, entitled 'Courts.'" Laws 1879, 82. Took effect March 1, 1879. SECS. 8, 9. Civil officers can be impeached only while in office, but may be tried afterwards. 37 Neb, 80.