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Ordinance appropriating

money. 1883, 141.

6 Neb., 13.

pointments of the officer by any council shall be made viva voce, and the concurrence of a like majority shall be required, and the names of those and for whom they voted, on the vote resulting in an appointment shall be recorded.

SEC. 33. All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the council; Provided, That the concurrence of the vote of the mayor and one-half of the whole number of members elected to the council shall be sufficient for the passage of any such ordinance, resolutions, or orders. Ordinances of a general or permanent nature shall be fully and distinctly read on three different days, unless three-fourths of the council shall dispense with the rule. Ordinances shall contain no subject which shall not be clearly expressed in its title, and no ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended, and the ordinance or section so amended shall be repealed. SEC. 34: All claims against the city must be 11 Neb., 265. presented in writing with a full account of the items verified by the oath of the claimant or his agent that the same is correct, reasonable and just, and no claim shall be audited or allowed unless presented and verified as provided for in this section; Provided, No cost shall be recovered against such city in any action brought against it for any unliquidated claim, including claims for personal injury sustained by reason of the negligence of such city, which has not

Claims against
the city.
1883, 141.

been presented to the city council to be audited; nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed with the interest thereon; Provided, further, That all actions against such city for injury or damage to person or property hereafter sustained by reason of the negligence of such city, must be brought within six months from the date of sustaining the same. And to maintain such action it shall be necessary that the party file in the office of the city clerk, within six months from the date of the injury or damage complained of, a statement giving full name and the time, place, nature, and circumstances of the injury or damage complained of, and the name or names of the witness or witnesses thereto.

clause.

137, 140, 141.

SEC. 2. That sections eleven, fifteen, eighteen, Repealing twenty, thirty, thirty-three and thirty-four of 1883, 134,136, the act amended in section one hereof are hereby repealed.

clause.

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

Approved March 5, A. D. 1885.

CHAPTER 16.

AN ACT to amend section one, chapter fourteen, of the
Compiled Statutes of 1881, entitled "Cities of the second
class and villages."

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. That section one, of chapter fourteen, of the Compiled Statutes of 1881, entitled

Inhabitants required.

Repealing
clause.

Comp. Stat.,
103.
1879, 193.

1881, 163.

May abolish.

"Cities of the second class, and villages," shall read as follows:

SECTION 1. All cities, towns, and villages containing more than one thousand and less than twenty-five thousand inhabitants shall be cities of the second class, and be governed by the provisions of this chapter, unless they adopt a village government as hereinafter provided.

Provided, that all cities in this state, organized under the provisions of "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, or any act amendatory thereof, shall not be effected by the provisions of this act.

SEC. 2. That section one of chapter fourteen of the Compiled Statutes of 1881, entitled "Cities of the second class and villages,' heretofore existing be and the same is hereby repealed.

SEC. 3. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage.

Approved March 5, A. D. 1885.

CHAPTER 17.

AN ACT to provide for the abolishment of "Incorporation of
Villages" in any village which may have been incorpo-
rated, and its return to county government after such
abolishment.

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. Any village of the state of Nebraska which may have been incorporated under

vote.

the laws of this state, shall abolish the same whenever a majority of the electors of said village, voting on the question of such abolishment, shall so decide in the manner herein provided. SEC. 2. Whenever a petition or petitions for Submission to submission of the question of the abolishment of incorporation to the voters of any village, signed by not less than one-third of the electors and tax-payers of said village, shall be filed in the office of the county clerk of the county in which such village is situated, not less than thirty days before the date of any general election, it shall be the duty of such county clerk to cause said question to be submitted to the voters of said village at such election, and give notice thereof in the general notice of such election.

Provided, That no village shall abolish incorporation until all liabilities are liquidated.

SEC. 3. The forms of ballot shall be respec- Ballots. tively, "For Abolishment of Incorporation," and "Against Abolishment of Incorporation," 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.

ceases.

SEC. 4. If it shall be decided at such election Incorporation that incorporation of said village be abolished, then from and after the first day of January next ensuing, "Incorporation of said village" shall cease and be abolished, and said village shall thereafter be governed by county commissioners as provided by law.

Corporate property, dis

SEC. 5. That upon abolishment of incorpora- posal.

tion all corporate property belonging to said village, shall be placed in the hands of the road overseer of the district in which said village is located, or sold, as shall be deemed by the trus tees of said village, for the best interest of said district, and if the proceeds exceed the sum of one hundred dollars, shall be placed in the hands of the county treasurer, to be paid out by order of the county commissioners for the exclusive use of the road district in which said village is located.

Approved March 5th, A. D. 1885.

CHAPTER 18.

Officers.

Comp. Stat., 110.

AN ACT to amend sections forty-seven (47), forty-eight (48),
fifty-two (52), and eighty-one (81), of chapter fourteen (14)
of the Compiled Statutes of the state of Nebraska, en-
titled "Cities of the second class and villages," and to add
to said chapter sections 67a and 67b.

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. That section forty-seven [47], fifty-two [52], and eighty-one [81], of chapter fourteen [14] of the Compiled Statutes of Nebraska, entitled "Cities of the second class and villages," be amended to read as follows:

SEC. 47. Such village board of trustees may appoint a village clerk, treasurer, attorney, overseer of the streets, and marshal, who shall hold their offices for one year, unless sooner

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