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and collected from the property and real estate especially benefited thereby, if any, in such manner as may be provided for the making of special assessments for other public improvements, in such cities, towns, and villages. All income received by such cities or villages from such water-works, from the payment and collection of water taxes, rents, or rates, or assessments, shall be kept in a separate fund, and shall first be applied in the payment of running expenses and interest on bonds or money borrowed and used in the erection and construction of such water-works; and should there be any surplus it shall be annually created into a sinking fund for the payment of water bonds or for the improvements of the works, as the common council or board of trustees may direct. As soon as a system of water-works shall have been established by any city or village under the provisions of this section, the mayor of such city, or the president of the board of trustees of such village shall nominate, and by and with the advice and consent of the city council or board of trustees, as the case may be, shall appoint a resident freeholder, who shall be known as the water commissioner of such city or village, and whose term of office shall be for one fiscal year, or until his successor shall be appointed and qualified, and annually on the first day of May said water commissioner shall be appointed as aforesaid, but said water commissioner may at any time, for sufficient cause, be removed by a two-thirds vote of said city council or board of trustees; and any vacancy occurring in said office of water commissioner by death, resignation, or removal from office as aforesaid, or removal from the city or village, may be filled in the manner herein before provided for the appointment of such commissioner. Said water commissioner shall, before he enters upon the discharge of his duties, execute a bond to such city or village in a sum to be fixed by the mayor and council, or president and board of trustees, but not less than five thousand ($5,000) dollars, conditioned for the faithful discharge of his duties, and signed by two or more good and sufficient sureties, to be approved by the mayor and council or board of trustees. It shall be the duty of such water commissioner, subject to the supervision of the mayor and council or board of trustees, to have the general management and control of the system of water-works in the city or village, fixing the rates to be paid by the inhabitants thereof within such limits as may be prescribed by ordinance for the use of water, water meters and hydrants; to collect all moneys receivable by the city or village on account of said system of water-works, and to faithfully account for and pay the same over to the treasurer of said city or village, taking his receipt therefor in duplicate, filing one of the same with the city or village clerk; to make a detailed report to the city council or board of trustees at least once every six months of the condition of said water system, of all the mains, pipes, hydrants, reservoirs, and machinery, such improvements, repairs and extensions thereof as he may think proper, and showing the amount of receipts and expenditures on account thereof for the preceding six months, and no moneys shall be expended for improvement, repair, or extension of said water-works system, except upon recommendation of said water commissioner. Said water commissioner shall perform such other duties as may be prescribed by ordinance. Said water commissioner shall be paid a salary to be fixed by ordinance, not exceeding four hundred dollars ($400) per annum, and upon his written recommendation the council or board of trustees shall employ such laborers and clerks as may to them seem necessary, and no member of the council or board of trustees shall be eligible to the office of water commissioner during the time for which he was elected.

XVI. [Animals.]-To regulate the running at large of cattle, hogs, horses, mules, sheep, goats, dogs, and other animals, and to cause such as may be running at large to be impounded and sold to discharge the cost and penalties pro

vided for the violation of such prohibitions, and the expense of impounding and keeping the same, and of such sale.

XVII. [Pounds.]-To provide for the erection of all needful pens and pounds within or without the city limits, and to appoint and compensate keepers thereof, and to establish and enforce rules governing the same.

XVIII. [Fire places.]-To regulate the construction of, and order the suppression and cleaning of fire places, chimneys, stoves, stovepipes, ovens, boilers, kettles, forges, or any apparatus used in any building, manufactory, or business which may be dangerous in causing or promoting fires, and to prescribe the limits within which no dangerous or obnoxious and offensive business shall be carried on..

XIX. Fire limits.]-To prescribe and alter limits within which no buildings shall be constructed except of brick, stone, or other incombustible material, with fire-proof roof, and after such limits are established no special permits shall be given for the erection of buildings of combustible material within said limits.

XX. [Depot grounds.]-To regulate levees, depots, depot grounds, and places for storing freights and goods, and to provide for and regulate the passage of railways through streets and public grounds of the city or village.

XXI. [Railway crossings.]-To regulate the crossing of railway tracks, and to provide precautions and to prescribe rules and regulating the same, and to regulate the running of railway engines, cars or trucks within the limits of said city or village, and to prescribe rules relating thereto, and to govern the speed thereof, and to make any other and further provisions, rules and restrictions to prevent accidents at crossings and on the tracks of railways, and to prevent fires from engines.

XXII. [Weights and measures.]-To establish standard weights and measures, and to regulate the weights and measures to be used in the city or village, and to regulate the weighing and measuring of every commodity sold in the city or village, in all cases not otherwise provided by law.

XXIII. [Inspection of hay, etc.]-To provide for the inspection and weighing of hay, grain and coal, the measuring of wood and fuel to be used in the city or village, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale hay, coal and wood; to fix the fees and duties of persons authorized to perform the duties named in this subdivision.

XXIV. [Obstructions in streets.]-To remove all obstructions from the sidewalks, curbstones, gutters and crosswalks at the expense of the person placing them there, or of the city or village, and to require and regulate the planting and protection of shade trees in the streets, the building of bulkheads, cellars, and basement ways, stairways, railways, window and door ways, awnings, hitchingposts, and rails, lamp-posts, awning-posts, and all other structures projecting upon or over and adjoining, and all other excavations through and under the sidewalks in the said city or village.

XXV. [Disorderly practices.]-To prevent and restrain riots, routs, noises, disturbances, or disorderly assemblies; to regulate, punish, and prevent the discharge of fire-arms, rockets, powder, fire-works, or any other dangerous combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of any buildings; to regulate, prevent, and punish the carrying of concealed weapons; to arrest, regulate, punish, fine, or set at work on the streets or elsewhere, all vagrants and persons found without means of support, or some legitimate busi

ness.

XXVI. [Fast driving.]-To prevent and remove all encroachments into and upon all sidewalks, streets, avenues, alleys, and other city or village property, and to punish and prevent all horse racing, fast driving, or riding in the streets, highways, alleys, bridges, or places in the city or village, and all games, practices, or amusements therein likely to result in damage to any person or property; to regulate, prevent, or punish the riding, driving, or passing of horses, mules, oxen, cattle, or other teams, or any vehicle drawn thereby, over, upon, or across sidewalks, or along any street of the city or village.

XXVII. [Opening streets.]--To open, widen, or otherwise improve or vacate any street, avenue, alley or lane within the limit of the city or village; also to create, open, and improve any new street, avenue, alley, or lane; Provided, That all damages, sustained by the citizens of the city or village, or of the owners of the property therein, shall be ascertained in such manner as shall be provided by ordinance; Provided further, That whenever any avenue, street, alley, or lane shall be vacated the same shall revert to the owners of the adjacent real estate, one-half on each side thereof.

XXVIII. [Same.--To open, create, widen or extend any street, avenue, alley,or kane, or annul, vacate or discontinue the same whenever deemed expedient for the public good, and to take private property for public use, or for the purpose of giving a right of way or other privilege to any railroad company, or for the purpose of erecting or establishing market places, or for any other necessary public purpose; Provided, however, That in all cases the city or village shall make the person or persons, whose property shall be taken or injured thereby, adequate compensation therefor, to be determined by the assessment of five disinterested householders, who shall be elected and compensated as may be prescribed by ordinance, and who shall in the discharge of their duties act under oath faithfully and impartially to make the assessment to them submitted.

XXIX. [Borrow money.]-To borrow money on the credit of the city, and to pledge the credit, revenue, and public property of the city for the payment thereof, when authorized in the manner hereinafter provided.

XXX. [Ordinances.]-All ordinances shall be passed pursuant to such rules and regulations as the council or board of trustees may provide; and all such ordinances may be proved by the certificate of the clerk under the seal of the city or village, and when printed or published in book or pamphlet form, and purported to be published by authority of the city or village, shall be read and received in evidence in all courts and places without further proof.

XXXI. [Financial statement.]-The council or trustees shall cause to be published semi-annually, a statement of the receipts of the corporation and XXVIII. Before election of the five householders ordinance must be passed prescribing manner of electio, etc. 19 Neb. 389.

sources thereof, and an itemized account of expenditures, with a statement of the financial condition of the city or village.

XXXII. [Burial grounds.]-To purchase, hold, and pay for, in the manner herein provided, lands not exceeding eighty acres in one body outside of the limits, for the purpose of the burial of the dead, and all necessary grounds for hospital grounds and water works.

XXXIII. [Same. -To survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and avenues leading thereto, owned by such city or village; to construct walks, to protect ornamental trees therein, and provide for paying the expenses thereof.

XXXIV. [Cemetery lots.]-To convey cemetery lots by certificates signed by the mayor and chairman, and countersigned by the clerk, under the seal of the city or village, specifying that the person to whom the same is issued is the owner of the lot or lots described therein by numbers as laid down on such map or plat for the purpose of interment, and such certificate shall vest in the proprietor his or her heirs and assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulations of the city council or board of trustees, and such certificate shall be entitled to be recorded in the office of the county clerk of the proper county, without further acknowledgment, and such description of lots shall be deemed and recognized as a sufficient description thereof.

XXXV. [Same.]-To limit the number of cemetery lots which shall be owned by the same person at the same time; to prescribe rules for enclosing, adorning and erecting monuments and tombstones on cemetery lots; to prohibit any diversion of the use of such lots, and any improper adornment thereof; but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots.

XXXVI. [Same.]-To pass rules and ordinances imposing penalties and fines, not exceeding one hundred dollars, regulating, protecting, and governing the cemetery, the owners of lots therein, visitors thereof, and trespassers therein. And the officers of such city or village shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the corporation itself. [Amended 1887, chap. 12.]

SEC. 70. [Work on streets.]-Each city and village governed by this chapter is hereby empowered to provide that every male inhabitant of the corporation between the ages of twenty-one and fifty years shall, between the first day of April and the first day of November of each year, either by themselves or satisfactory substitutes, perform two days labor upon the streets, alleys or highways within such corporation at such times and places as the proper officers may direct and upon three days notice in writing being given; Provided, That all persons so notified may commute the labor so required by the payment of three dollars to the proper officers of such city or village as may be provided by ordinance, and the funds arising under this section shall be expended by the city or village authori ties in the repairs and maintenance of the streets, alleys and highways in said city or village. They may provide further that for each day's failure to attend and perform the labor as required at the time and place specified, the delinquent shall forfeit and pay to the corporation any sum not exceeding one dollar for each day's delinquency. The amount so due for labor tax to the amount of three dollars upon

"By the provisions of an act approved March 25, 1887, and taking effect July 1, 1887, these subdivisions were repealed, [Laws 1887, chap. 15,] and a new act relative to cemeteries passed which appears as sections 131, 137 of this article; but by chap. 12, of laws 1887, this whole section, including these subdivisions, was again re-enacted, taking effect March 31, 1887. Whether the subdivisions remain in force after July 1, 1887,

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failure to labor or commute as above required shall be treated and collected as taxes on property and the same shall be a lien on all the property of such person that may be listed and assessed for taxation for that year, and the council or trustees of such city or village shall at the time provided by law cause to be certified to the county clerk the amount due from each individual as aforesaid and the said clerk shall place the same on the proper tax lists to be collected in the manner provided by law for the collection of state and county taxes in the county where such city or village is situated, and the certificate of the city or village clerk that the person named therein has performed the labor or commuted as herein required shall be received by the county treasurer in discharge of the amount due from such persons. All moneys collected by the county treasurer under this section shall be paid over to the treasurer of the city or village wherein the same was levied and assessed. [Amended 1885, chap. 21.]

SEC. 71. [Stagnant water-Drainage.]-Each city and village governed by this chapter shall have power to cause any lot of land within its limits on which water at any time becomes stagnant, to be filled up or drained in such manner as may be directed by a resolution of the council or trustees; and such owner or his agent shall, after service of a copy of such resolution, or after a publication of the same in some newspaper of general circulation in such corporation for two consecutive weeks, comply with the directions of such resolution within the time therein specified, and in case of a failure or refusal to do so, it may be done by said corporation; and the amount of money so expended shall be assessed against such property, and the amount thereof collected as other special assessments.

SEC. 72. [Recovery of fines.]-Fines may in all cases, and in addition to any other mode provided, be recovered by suit or action before a justice of the peace, or other court of competent jurisdiction, in the name of the state. And in any such suit or action where pleading is necessary, it shall be sufficient to declare generally for the amount claimed to be due in respect to the violation of the ordinance, referring to its title and the date of its adoption or passage, and showing as near as may be the facts of the alleged violation.

SEC. 73. [May use county jail.]-Any city or village shall have the right to use the jail of the county for the confinement of such persons as may be liable to imprisonment under the ordinances of such city or village, but it shall be liable to the county for the cost of keeping such prisoners.

SEC. 74. [Suits when barred.]-All suits for the recovery of any fine, and prosecutions for the commission of any offense, made punishable as herein provided, shall be barred in one year after the commission of the offense for which the fine is sought to be recovered, or the prosecution is commenced.

SEC. 75. [No increase in salaries.]—The emoluments of no officer whose election or appointment is required by this chapter, shall be increased or diminished during the term for which he shall have been elected or appointed; and no person who shall have resigned or vacated any office shall be eligible to the same during the time for which he was elected or appointed, when during the same time the emoluments had been increased.

SEC. 76. [Passage of ordinances.]-On the passage or adoption of every by-law or ordinance, and every resolution or order to enter into a contract by the council or board of trustees, the yeas and nays shall be called and recorded; and to pass or adopt any by-law, ordinance, or any such resolution or order, a concurrence of a majority of the whole number of members elected to the council or trustees shall be required. All appointments of the officers by any council or trustees 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. 77. [Highways, squares, etc.]-The city council or board of trustees shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares and commons within the city or village, and shall cause the same to be kept open and in repair, and free from nuisances.

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SEC. 75. Where at time of election of officers no salary is fixed, an ordinance passed afterwards, fixing salary, is good. 19 Neb. 443. 20 Id. 161. SEC. 77. Question of whether city is negligent in removing accumulations of ice and snow from sidewalks is one of fact for jury. 20 Neb. 292.

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