Comp. Stat., 96.

1881, 143.

Appropriation of land for public use.

be made substantially in the manner provided for making original assessments of like nature, as herein provided, and any sums which may have heretofore been paid toward said improvement, upon any lots or real estate included in such re-assessment, shall be applied, under the direction of the council to the credit of the persons and property on account of which the same was paid, and in case the credit shall exceed the sum re-assessed against such persons and property as herein provided for, the council shall cause such excess, with lawful interest, to be refunded to the party who made payment thereof; and the taxes so re-assessed, and not paid under a prior assessment, shall be collected and enforced in the same manner as other special taxes, and shall be subject to the same penalty.

SEC. 8. That section fifty-eight (58) of said original act, approved March 1st, 1881, be amended so as to read as follows:

SEC. 58. Whenever it shall become necessary to appropriate private property for the use of the city for streets, alleys, avenues, sewers, parks and public squares, and such appropriation shall be declared necessary by ordinance, the mayor, with the approval of the council, shall appoint three disinterested freeholders of the city, who after being first duly sworn to perform the duties of their appointment with fidelity and impartiality, shall assess the damage to the owners of the property respectively, taken by such appropriation, taking into consideration special benefits, if any. Such assess

ment shall be reported to the council for confirmation, and if the same be confirmed, the damages so assessed shall be paid to the owners of such property, or deposited with the city treasurer, subject to the order of such owners respectively; after which such property may at any time be taken for the use of the city.

If the assessment be not confirmed by the council, preceedings may be taken anew to assess the damages.

1881, 145.

SEC. 9. That section sixty-one (61) of said Comp. Stat., 96. original act, approved March 1st, 1881, be amended so as to read as follows:

ordinances.

SEC. 61. At the first meeting of the council Appropriation in each month, the mayor and council shall provide by ordinance for the payment of all liabilities of the city, incurred during the preceding month or at any time prior thereto.

No moneys shall be expended or payment made by the city except in pursuance of a specific appropriation made for that purpose by ordinance, and no liability shall be incurred, debt created or contract involving the expenditure of money approved by the city council, except by a majority of the entire council upon call of the yeas and nays, and the record of the council proceedings shall show how each member voted, and any councilman voting to incur any liability, or to create any debt in excess of the amount limited or authorized by law, or if the mayor shall approve any ordinance or contract involving the expenditure of money in excess of the amount limited or authorized by law, such officer shall thereby render his bond liable for such unlawful excess.

Comp. Stat., 101.

1881, 157, 1883, 99.

Salaries of of-
Acers.

Mayor

Police judge.

Treasurer.

Auditor.

Marshal.

Clerk.

Policemen.

Councilmen.

SEC. 10. That section one hundred and two (102) of said original act, approved March 1st, 1881, as amended by section six (6) of said amendatory act, approved February 19th. A. D. 1883, be amended so as to read as follows:

SEC. 102. The several officers hereinafter named of any city of the first class, shall receive the following compensation for their services, and no more directly or indirectly, to-wit: First. The mayor shall receive the sum of eighteen hundred dollars per annum.

Second. The police judge shall receive a salary of fifteen hundred dollars per annum.

Third. The treasurer shall receive the sum of fourteen hundred dollars per annum, and such further compensation or fees, as may be provided by law, which shall be in full for his own services, and for the services of any deputy or assistant that may be necessary for the proper transaction of the business of his office he shall receive the sum of fifteen hundred dollars.

Fourth. The auditor shall receive the sum of fifteen hundred dollars per annum.

Fifth. The marshal shall receive the sum of sixteen hundred dollars per annum which shall be full compensation for himself and deputy.

Sixth. The city clerk shall receive the sum fifteen hundred dollars per annum.

Seventh. Each policeman shall receive a sum not exceeding seventy dollars per month, to be fixed by ordinance.

No policeman shall be allowed any fee or fees as a witness in any case tried in the police court. Eighth. Each councilman shall receive the sum of five hundred dollars per annum.

102.
1881, 158.

SEC. 11. That section one hundred and five Comp. Stat., (105) of said original act, approved March 1, 1881, be amended so as read as follows:

ested in con

SEC. 105. Any officer of the city, or member Officer interof the city council, who shall by himself or tract. agent, or as the agent or representative of any other person or corporation, become a party to, or in any way interested in any contract, work, or letting under the authority and by the action of the city council, or furnish any material to be used in such work or under such contract; or who shall accept or receive any valuable consideration or promise for his influence or vote, shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court.

Bribery.

clause.

SEC. 12. That said sections eleven (11), twelve Repealing (12), fifteen (15), twenty-two (22), twenty-five (25), forty-two (42), fifty-three (53), fifty.eight (58), sixty-one (61), one hundred and two (102), and one hundred and five (105), of said original act, as heretofore amended or existing, be and the same are hereby repealed.

clause.

SEC. 13. That said act entitled "An act to Repealing amend section 15 of an act entitled 'An act to incorporate cities of the first class, and regulating their duties, powers, and government,' approved May 23, 1882," approved February 21, A. D., 1883, be and the same is hereby repealed. SEC. 14. Whereas an emergency exists for Emergency the passage of this act, therefore this act shall take effect and be in force from and after its passage.

Approved March 3rd, A. D., 1885.

clause.

CHAPTER 14.

Title.
1883, 130.

Number of inhabitants.

An act to amend the title and sections 1, 2, 3, and 4 of an act entitled: "An act to provide for the organization, government, and powers of cities of the second class having more than ten thousand inhabitants," approved March 1st, 1883. Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That the title of an act entitled "An act to provide for the organization, government, and powers of cities of the second class having more than ten thousand (10,000) inhabitants," approved March 1st, 1883, is hereby amended so as to read as follows: An act to provide for the organization, government, and powers of cities of the second class having more than five thousand inhabitants.

SEC. 2. That section one of the aforesaid act is hereby amended so as to read as follows: SEC. 1. That all cities of the second class 10 Neb. 204. having more than five (5,000) thousand and less than twenty-five (25,000) thousand inhabitants shall be governed by the provisions of this act. SEC. 3. That section two of the act aforesaid is hereby amended so as to read as follows:

Governor's proclamation.

SEC. 2. Whenever a city hereafter shall have attained a population of five (5,000) thousand inhabitants, and such fact shall have been duly ascertained and certified by the mayor of such city to the governor of said state, the governor shall by proclamation declare such city to be a city of the second class and subject to the provisions of this act.