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SEC. 15. [Jurisdiction of mayor.]-The mayor shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, excepting taxation, within one-half mile of the corporate limits of said city.

SEC. 16. [Vacancy.]-In case of any vacancy in the office of mayor, or in case of his absence or disability, the president of the council, for the time being, shall exercise the office of mayor, until such vacancy be filled, or such disability be removed; or in case of temporary absence, until the mayor shall return.

SEC. 17. [Posse comitatus.]-The mayor is hereby authorized to call on every male inhabitant in the city, over eighteen years of age and under the age of fifty years, to aid in enforcing the laws.

SEC. 18. [Reprieves Pardons.]-The mayor shall have power to remit fines and forfeitures, to grant reprieves and pardons for all offenses arising under the ordinances of the city.

SEC. 19. [Policemen.]-The policemen of the city shall have power to arrest all offenders against the laws of the state, or of the city, by day or by night, in the same manner as the sheriff or constable, and keep them in the city prison or other place, to prevent their escape, until trial can be had before the proper officer.

SEC. 20. [City engineer. The city engineer shall make estimates of the cost of labor and materials which may be done or furnished by contract with the city, and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, bridges, curbings and gutters, and the improvement of streets and the erection and repair of buildings, and shall perform such other duties as the council may require. Before the city council shall make any contract for building bridges or sidewalks, or for any work on the streets, or for any other work or improvement, an estimate of the cost thereof shall be made by the city engineer and submitted to the council, and no contract shall be entered into for any work or improvement for a price exceeding such estimate; and in advertising for bids for any such work the council shall cause the amount of such estimate to be published therewith.

SEC. 21. [Overseer of streets.]-The overseer of streets shall, subject to the orders of the mayor and council, have general charge, direction, and control of all work on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the council may require.

SEC. 22. [Police judge.]—The police judge shall have exclusive jurisdiction to hear and determine all offenses against the ordinances of the city, and jurisdiction concurrent with that which is or may be conferred upon justices of the peace, of misdemeanors under the laws of the state, arising within the limits of the city, and shall also have jurisdiction for the examination of offenders against the laws of the state, for offenses arising within the limits of the city.

SEC. 23. [Complaint.-Whenever complaint shall be made to the police judge, on oath or affirmation of any person, that an offense has been committed, of which the police judge has jurisdiction, said judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the sheriff or a constable of the county, or any policeman of the city, or by some person specially appointed by writing, indorsed on the process by the police judge for that purpose, and whose return shall be made under oath. [Amended, and took effect March 2, 1881.]

SEC. 24. [Fines.]-All fines and penalties collected, arising from a breach of ordinances of the city, shall be paid to the city treasurer; and all fines and penalties collected, arising from misdemeanors under the laws of the state, shall be paid to the county treasurer.

SEC. 20. Before any contract for grading is let an ordinance must be passed therefor, and the contract let to the highest bidder, after publication of notice and fair competition. 9 Neb. 358. The estimate is not required in case of a contract to light the city with gas. Id. 340.

SEC. 25. [Proceedings upon arrest.]—When any person shall be brought before the police judge upon such warrant, it shall be his duty to hear and determine the complaint alleged against the defendant.

SEC. 26. [Recognizance.]-Upon good cause shown, the police judge may postpone the trial of the case to a certain day, in which case he shall require the defendant to enter into recognizance with sufficient security, conditioned that he will appear before the said judge at the time and place appointed, then and there to answer the complaint alleged against him.

SEC. 27. [When judge has no jurisdiction.]-In case of the breach of any recognizance entered into as aforesaid, the same shall be certified to the district court of the proper county, to be proceeded upon according to law; if in the progress of any trial before the said judge it shall appear that the accused ought to be put upon his trial for an offense not cognizable before the said judge, he shall immediately stop all further proceedings before him, and proceed as in other cases exclusively cognizable before the district court.

SEC. 28. [Witnesses.-It shall be [the] duty of said judge to summon all persons, whose testimony may be deemed material, as witnesses at the trial, and to enforce their attendance, by attachment if necessary, and all witnesses shall receive the sum of fifty cents for each days attendance.

SEC. 29. [Trials.]-Cases in the police court, for violations of city ordinances, shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanors under the statutes of the state shall be tried by the police judge alone, unless the defendant demand a jury, and if a jury be demanded, the case shall be tried by a jury of six competent men, unless a smaller number be agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in justice's courts, and the trial of all cases before said police judge shall be conducted in all respects, not herein otherwise provided, in like manner as criminal cases before justices of the peace. Jurors in the police court shall receive the same fees as jurors in the justice's court, to be taxed as other costs are taxed in the case. [Amended and took effect March 2, 1881.]

SEC. 30. [Punishment.]-If the defendant be found guilty, the police judge shall declare and assess the punishment and render judgment accordingly. It shall be part of the judgment that the defendant stand committed until the judgment be complied with; Provided, That the defendant shall have the right to produce before said police judge one or more sureties to the satisfaction of said judge, which said sureties shall with the defendant confess a judgment for the amount of the fine or penalty imposed, and costs of suit, and said judge shall enter such confession or judgment upon his docket and render judgment accordingly, in the name of the state of Nebraska, against them for the amount of such fine and costs; and if said judgment be not paid within ninety days from the date of such confession and entering of judgment, said police judge shall issue execution and collect the amount of said fine or penalty and costs in the manner provided by law for collecting judgments by execution [in] justice's court. [Id.]

SEC. 31. [Work by prisoners.]-Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under direction of the mayor, for the term of his imprisonment; and when committed for the non-payment of a fine or costs for the violation of any órdinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 per day, for each day he shall work. [15 Neb. 87.1

SEC. 32. [How prisoner discharged.]—Any defendant committed under the provisions of this chapter for a misdemeanor arising under the laws of this state, may be discharged in the same manner as if he had been committed by the district court.

SEC. 33. [Proceedings, how governed.]—In all cases not herein especially provided for, the process, proceedings, and trial before the judge shall be governed by laws regulating proceedings in justices' courts in criminal cases.

SEC. 34. [Continuance-Notice to witnesses.]-When a trial shall be

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continued by a judge, it shall not be necessary to summons any witness who may be present at the continuance, but the judge shall verbally notify such witnesses, as either party may require, to attend before him to testify before him in the case on the day set for trial, which verbal notice shall be as valid as a summons. SEC. 85. [Conservator of peace-Court, when open.]-The police judge shall be a conservator of the peace, and his court shall be open every day, except Sunday, to hear, try, and determine all cases cognizable before him, and he shall have power to bring parties forthwith to trial.

SEC. 36. [Appeals.]—Appeals may be taken from the judgments of the police judge in the same manner as appeals are taken from the judgments of the justices of the peace in criminal cases.

SEC. 37. Vacancy.]—In case of a vacancy in the office of police judge by death, resignation or otherwise, or in case of the absence, disability or personal interest of said judge, such fact being shown by affidavit, the mayor shall, on notice thereof, appoint some justice of the peace, holding and exercising the duties of his office within the corporate limits of such city, to act as police judge during such vacancy, absence [or] disability of said police judge. [Amended and took effect Mar. 2, 1881.]

SEC. 38. [Contempts.]-The police judge shall have power to enforce due obedience to all orders, rules, judgments, and decrees made by him, and may fine or imprison for contempt offered to such judge whilst holding his court, or to process issued by him, in the same manner, and to the same extent as the district courts.

SEC. 39. [Ordinances.-Cities of the second class, in their corporate capacities, are authorized and empowered to enact ordinances for the following purposes in addition to the other powers granted by this act. [Amended Feb. 28. Took effect June 1, 1881.] [Cited 14 Neb. 32.]

I. [Disorderly houses.]-To restrain, prohibit, and suppress billiard tables and bowling alleys kept for public uses, houses of prostitution and unlicensed tippling shops, gambling and gambling houses, and other disorderly houses and practices, and all kinds of public indecencies, and all lotteries or fraudulent devices and practices for the purpose of obtaining money or property.

II. [Contagious diseases.]-To make regulations to prevent the introduction of contagious diseases into the city, to make quarantine laws for that purpose, and to enforce the same within five miles of the city.

III. [Hospitals.]-To erect, establish and regulate hospitals, and to provide for the government and support of the same.

IV. [Health-Water.]-To make regulations to secure the general health of the city, and to prevent and remove nuisances, and to provide the city with water. V. [Police. To establish a night watch and police, and to define the duties and powers of the same.

VI. [Lights.]-To provide for and regulate the lighting of the streets, and the erection of lamp posts.

VII. [Markets.]-To purchase, hold and own grounds for, and to erect and establish market houses and market places, and to regulate markets and market places.

VIII. [Public buildings.]-To provide for the erection and government of any useful or necessary buildings for the use of the city.

IX. [Sunday.]-To prevent any desecration of the Sabbath day, commonly called Sunday, and to prohibit public amusements, shows, exhibitions, or ordinary business pursuits upon said day.

X. [Disorderly conduct.]-To prevent intoxication, fighting, quarreling, dog-fights, cock-fights and all disorderly conduct.

XI. [Places of amusement.]-To prevent the use of any opera house, city hall, church, or other building resorted to by the people for worship, amusement, or for public assemblages, unless such opera house, city hall, church, or other building shall be provided with suitable, ample and sufficient fire escapes, and suitable, ample and sufficient means of exit and entrance.

XII. [License places of amusement.]-To regulate, license, tax and suppress places of amusement, and to revoke the licenses therefor, when such places are not provided with sufficient and ample means of exit and entrance, and when the same are not safe for such uses, or when the licensee has been convicted of any violation of the ordinances in relation to such places, and to declare from time to time when such place or places are unsafe for such uses.

XIII. [Buildings-Fire escapes.]-To prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and to prescribe and direct the number and construction of means of exit and entrance, and the construction of fire escapes.

XIV. [Runners.]-To license, tax, and regulate runners for stages, cars, hotels, public buildings, or other things or persons.

XV. [Peddlers and public exhibitions.]-To license, tax, suppress, regulate and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatrical and other exhibitions, shows and other amusements, and to revoke such licenses at pleasure.

XVI. [Intoxicating liquors.]—-To forbid, punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice, or insane, idiotic or distracted person, habitual drunkard or person in the habit of getting intoxicated.

XVII. [Fire places.]-To prevent the dangerous construction and condition of chimneys, fire places, hearths, stoves, stove pipes, ovens, boilers, apparatus used in and about any building or manufactory, and to cause the same to be removed or placed in a safe condition as the council may prescribe, when by it considered dangerous. To regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires. To prevent the deposit of ashes in unsafe places, and to cause all such buildings and inclosures as may be in a dangerous state to be put in a safe condition.

XVIII. [Explosive substances.]—To regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, petroleum, or any of the productions thereof and other material, and the use of lights in stables and shops and other places, and the building of bonfires; also to regulate, prohibit, and restrain the use of fire works, fire crackers, roman candles, sky rockets, and other pyrotechnic displays.

XIX. [Cruelty to animals.]-To prohibit and punish cruelty to animals. XX. [Street traffic.]-To regulate traffic and sales upon the streets, sidewalks and public places.

XXI. Obstructing streets.]-To regulate and prevent the use of streets, sidewalks, and public grounds for signs, sign-posts, telegraph or other poles, racks, posting of hand bills and advertisements.

XXII. [Sidewalks.]-To regulate the use of sidewalks and all structures thereunder.

XXIII. [Obstructing streets.]-To regulate and prevent the moving of buildings through or upon the streets, and to regulate and prohibit the piling of building material or any excavation or obstruction of the streets.

XXIV. [Railroads.]-To provide for and change the location, grade and crossing of any railroad. [See 15 Neb. 279.]

XXV. [Same.]-To require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. To compel any railroad to raise or lower their railroad tracks to conform to any grade which may at any time be established by such city or village, and where such tracks run lengthwise of any street, alley or highway, to keep their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such alley or highway. To compel and require railroad companies to make and keep open streets, and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of

way, and so that the drainage of adjacent property or streets shall not be impeded.

XXVI. [Drains.]-To construct and keep in repair culverts, drains, sewers and cesspools, and to regulate the use thereof.

XXVII. (Funding bonds.]-To issue bonds in place of, or to supply means to meet its maturing bonds, or for the consolidation or funding of the same.

XXVIII. [Fire apparatus.]-To procure fire engines, hooks, ladders, buckets, and other apparatus, and organize fire engine, hook and ladder, and bucket companies, and to prescribe rules of duty and the government thereof, with such penalties as the council may deem proper, not exceeding one hundred dollars, and to make all necessary appropriations therefor.

XXIX. [President of council.]-To elect one of their own body who shall be styled the "President of the Council," and who shall preside at all meetings of the council in the absence of the mayor; and in the absence of the president to elect one of their own body to occupy his place temporarily, and who shall be styled "Acting President of the Council;" and the president and acting president, when occupying the place of the mayor, shall have the same privileges as other members of the council; and all acts of the president or acting president, while so acting, shall be as binding upon the council and upon the city as if done by the mayor. [Amended Feb. 28. Took effect June 1, 1881.]

SEC. 39 a. [Ordinances to continue in force.]-Section thirty-nine of "an act to provide for the organization, government, and powers of cities and vil lages," approved March 1st, 1879, be and the same is hereby repealed; Provided, That all ordinances passed heretofore and rights accrued thereunder, under the powers contained in said section shall be and continue uninterruptedly in full force. [Id. § 2.]

VILLAGES.

SEC. 40. [Constitution and incorporation.]-Any town or village containing not less than two hundred nor more than fifteen hundred inhabitants, now incorporated as a city, town, or village, under the laws of this state, or that shall hereafter become organized pursuant to the provisions of this act, and any city of the second class which shall have adopted village government as provided by law, shall be a village, and shall have the rights, powers, and immunities hereinafter granted, and none other, and shall be governed by the provisions of this subdivision; Provided, That cities of the second class heretofore incorporated, and containing not more than fifteen hundred inhabitants, shall continue to be and exercise the powers of cities of the second class, and the officers thereof shall continue to exercise the powers conferred herein upon officers of such cities, until the first general election held therein, and the qualifications of village officers elected at said election; Provided further, That whenever a majority of the taxable inhabitants of any town or village, not heretofore incorporated under any law of this state, shall present a petition to the county board of the county in which said petitioners reside, praying that they may be incorporated as a village, designating the name they wish to assume and the metes and bounds of the proposed village; and if such county board, or a majority of the members thereof, shall be satisfied that a majority of the taxable inhabitants of the proposed village have signed such petition, and that inhabitants to the number of two hundred or more are actual residents of the territory described in the petition, the said board shall declare the said proposed village incorporated, entering the order of incorporation upon their records, and designating the metes and bounds thereof; and thereafter the said village shall be governed by the provisions of this act applicable to the government of villages. And the said county board shall, at the time of the incorporation of said village, appoint five persons having the qualifications provided in section forty-two of this act, as trustees, who shall hold their offices and perform all the duties required of them by law, until the election and qualification of their successors at the time and in the manner provided in this act. [Amended and took effect Feb. 25, 1881.]

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