shall not exceed dollar for dollar; Provided, That such substitution and exchange shall have first been duly authorized by a majority vote of the people of said city at an election to be held for the purpose as provided in section 1st of this act. [Id. § 2.]

SEC. 121. [Recitals.]-The bonds issued under the provisions of sec. 2 of this act shall have recited therein the object of their issue, and the section of the act under which the issue is made, stating the issue to be in pursuance thereof, and shall also state the number, date and amount of the bond or bonds for which it was substituted, and such new bond shall not be delivered until the surrender of the bond or bonds so designated. [Id. § 3.]

ORGANIZATION OF CITIES CONTINUED AND ACTS LEGALIZED.

SEC. 122. [Organization of certain cities continued.]-That in all cases where any municipal corporation containing less than fifteen hundred and more than one thousand inhabitants shall have legally organized as a city of the second class, under a law in force at the time of such organization, and shall not have organized as a village under the provisions of the act to provide for the organization, government and powers of cities and villages, approved March 1, 1879, and shall not so organize by the election of officers on the first Tuesday of April, 1881, the organization of such corporation as a city of the second class shall continue and be in force until changed as now provided by law. [1881 § 1, chap. 21.]

SEC. 123. [Acts legalized.]-That all acts performed and elections held by such corporations so legally organized as cities of the second class, under the laws in force at the time of such organization, shall be held to be as valid for all purposes, as if done and held by and in cities of the second class duly organized under the laws in force for that purpose. [Id. § 2.]

INCORPORATION AND ACTS OF VILLAGES LEGALIZED.

SEC. 124. [Acts of certain villages legalized.]-That all villages having more than two hundred inhabitants, who have associated themselves together by written agreement or by petition of a majority of the legal voters therein, designating the object of their association to be the incorporation of a village, under the laws of Nebraska, and showing therein the boundaries of the same, and having a board of trustees elected by a majority of the legal voters of said village, who are acting conformable to the law of the state of Nebraska regulating the powers and duties of the boards of trustees of villages, be and the same are hereby declared to be duly and lawfully organized and incorporated as villages under the laws of this state; together with all additions that have been made thereto. And such villages, and their boards of trustees, and the officers by them appointed, and all acts, by-laws and ordinances, done and adopted by them are hereby declared to be legal and valid, and shall have all the force and effect given to the acts, by-laws, and ordinances of villages incorporated under the laws of this state. [1881 § 1, chap. 25. Amended 1883, chap. XIII.]

SEC. 125. [Effect of act.]-Such villages shall be governed by the law of this state regulating villages, and shall have and exercise all the powers and privileges of villages duly incorporated under the laws of this state, and their said trustees and officers shall have and exercise all the powers and privileges of trustees and officers, under the laws of this state concerning villages. [Id. § 2.]

ABOLISHMENT OF VILLAGE GOVERNMENT.

SEC. 126. [Vote.]-Any village of the state of Nebraska which may have been incorporated under the laws of this state, shall abolish the same whenever a

SEC. 122. "An act to continue the organization of cities of the second class, and to legalize their acts and elections thereunder." Approved and took effect Feb. 28, 1881.

SEC. 124. "An act to legalize the incorporation of certain villages, and all acts, by-laws and ordinances thereof, and to constitute its board of trustees a legal body." Approved Mar. 3. Took effect June 1. 1881.

SECS. 126-130. "An act to provide for the abolishment of Incorporation of Villages" in any village which may have been incorporated, and its return to county government after such abolishment."

majority of the electors of said village, voting on the question of such abolishment, shall so decide in the manner herein provided. [1885, chap. 17.]

SEC. 127. [Election.]-Whenever a petition or petitions for 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. 128. [Ballots.]-The forms of ballot shall be respectively, "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.

SEC. 129. [Result of election.]—If it shall be decided at such election 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.

SEC. 130. [Property of village.]—That upon abolishment of incorporation 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 trustees 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.

ARTICLE II.-CITIES OF SECOND CLASS OVER 5,000 INHABITANTS.*

SECTION 1. [Population.]-That all cities of the second class having more that five thousand (5,000) and less than twenty-five thousand (25,000) inhabitants shall be governed by the provisions of this act. [1883, chap. XVI. As amended 1885, chap. 14.]

SEC. 2. [Proclamation of governor.]-Whenever any city shall hereafter have attained a population of five thousand inhabitants, and such fact shall have been duly ascertained and certified by the mayor of such city to the governor, the governor shall by proclamation declare such city to be a city of the second class and subject to the provisions of this act. [Id.]

SEC. 3. [Adjacent property.-Any city heretofore incorporated and subject to the provisions of this act, shall include within its corporate limits all the territory heretofore included therein, and also the mayor and council may by ordinance include within the corporate limits of such city all territory contiguous or adjacent thereto which has been at any time, by the owner or proprietor thereof, or by any one by his or her authority or acquiescence, laid off or subdivided into lots or blocks containing not more than five acres of land each, whether the same shall have been so laid off, subdivided or platted in accordance with any statute of this state or otherwise, and the mayor and council shall have the power by ordinance to compel the owners of any contiguous or adjacent land or any part thereof brought within the corporate limits of such city as aforesaid, to lay out streets, avenues, and alleys so as that the same shall correspond in width and direction and be continuous with the streets, avenues and alleys of such city or otherwise, as shall appear most for the convenience of the inhabitants of such city and the public, and to vacate any public road heretofore established through such

* NOTE. "An act to provide for theorganization, government, and powers of cities of the second class having more than five thousand inhabitants.' Took effect March 1, 1883. Act is constitutional. 16 Neb. 76, 338. Title of act amended by act taking effect Mar. 5, 1885.

land where necessary to secure regularity in the general system of streets, avenues, and alleys through the same. [Id.]

SEC. 4. [Same.1-Whenever any land lying contiguous or adjacent to any such city, or to any addition or extension thereof shall be or shall have been, by the owner or proprietor thereof, or any person by or with his or her authority or acquiescence, laid off into lots or blocks containing not more than one acre of land, whether the same shall have been or shall be laid off, subdivided, or platted in accordance with any statute of this state or otherwise, or has sold or begun to sell off such adjacent lands by metes and bounds, in tracts not exceeding one acre, or whenever any tract or portion, not exceeding ten acres of land, may have been or shall be contiguous to, or surrounded or bounded by, on one or more sides by any addition or extension, or intended addition to any such city, whether platted as aforesaid or not, it shall be competent for the mayor and city council by ordinance to declare the same, by such name, designation, or description as they may see fit, a part of such city, and thereupon and thereafter the corporate limits of such city shall extend to and include such land. [Id.]

SEC. 5. [Same.]-When land or territory shall be or shall have been laid off, subdivided or platted into lots or blocks, and such lots and blocks shall be or shall have been for the purposes of sale or otherwise subdivided into smaller lots or parcels, such smaller lots or parcels shall be treated and regarded as lots or blocks within the meaning of the last two preceding sections, and land or territory laid off or subdivided as in said sections described, shall be treated and regarded as contiguous to such city, notwithstanding any stream or embankment or any strip or parcel of land, not more than two hundred feet in width, may be or lie between such land or territory and the corporate limits of such city.

SEC. 6. [Name.]-The corporate name of each city organized under or governed by this act, shall be "The City of ," and all and every process whatever affecting any such city shall be served upon the mayor or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk.

SEC. 6. [Rights preserved.]-No right of property accrued to any city, corporation, or person under any law heretofore in force, shall be affected by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council.

SEC. 7. [Powers.]-Each city governed by the provisions of this act shall be a body-corporate and politic, and shall have powers: First. To sue and be sued. Second. To purchase and hold real and personal property for the use of the city, and real estate sold for taxes: Third. To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be deemed conducive to the interests of the city. Fourth. To make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate or administrative powers. Fifth. To exercise such other and further powers as may be conferred by law. The powers hereby granted shall be exercised by the mayor and council of such city as hereinafter set forth, but they shall not have the power to sell any real estate of the city unless authorized so to do by a vote of the majority of the electors of such city at a special election therefor.

SEC. 8. [Wards.]—Each city governed by this act shall be divided into not less than four nor more than six wards, the boundaries of which shall be defined by ordinance. Each ward shall constitute an election district; Provided, That when any ward shall contain over eight hundred legal voters, the mayor and council, by ordinance, may divide such ward into two election districts.

SEC. 9. [Precinct lines.]-Precinct lines in that part of any county not under township organization, embraced within the corporate limits of a city of the second class, shall correspond with the ward lines in such city, and such precinct shall correspond in number with the wards of the city, and be co-extensive

with the same; Provided, That when a ward is divided into two election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts; And Provided further, That no justices of the peace or constables shall be elected in such precinct; and every such city shall constitute a district for the election of justices of the peace and constables, and in every such district there shall be elected two justices of the peace and two constables at the time provided by law for the election of such officers in other districts.

SEC. 10. [Polls.]-At all elections authorized by this act the polls shall be opened at such place in each election district as may be designated by the mayor or as fixed by ordinance, and shall be kept open between the hours of nine o'clock A. M. and seven o'clock P. M., and no longer.

SEC. 11. [Election.]-The general city election in all cities governed by this act shall be held on the first Tuesday in April annually. The city officers shall consist of a mayor, treasurer, clerk, and police judge, each of whom shall be elected by a plurality of votes, for the term of two years, commencing on the first Monday succeeding their election and until their successors shall be elected and qualified. A city marshal, a city engineer, a city attorney, a street commissioner and a chief of the fire department and a water commissioner and such number of police as the mayor and council see fit, may be appointed by the the mayor by and with the advice and consent of the council. Any of such offi cers or policemen may be removed at any time by a vote of a majority of all the members of the council, and any of such policemen may be removed at any time by the mayor or by a vote of a majority of the members of the council. In case of emergency the mayor may appoint special policemen without the advice or consent of the council, who should be removable at the pleasure of either the mayor or council; Provided, That in case of any vacancy in the office of the treasurer or clerk by death, resignation or otherwise, the same shall be filled by appointment by the mayor, by and with the advice and consent of the council until the next general election.

SEC. 12. [Councilmen.]-Councilmen who shall have been elected in the city subject to the provisions of this act, and whose terms of office shall not have expired at the time fixed for holding the first election of city officers in such city under the provisions of this act, shall continue to hold their offices for their unexpired terms in all respects as though they had been elected under the terms hereof. At the first annual city election held under the provisions of this act, one council. man shall be elected for each ward in the city in which there shall be a councilman whose term shall not have expired, who shall hold his office for the term of two years and until his successor shall be elected and qualified, and in every other ward in such city there shall be elected two councilmen, one of whom shall hold his office for the term of one year, and one of whom shall hold his office for the term of two years, and respectively until their successors shall be elected and qualified; and annually thereafter there shall be elected in each ward one councilman, who shall hold his office for the term of two years and until his successor shall be elected and qualified; Provided, however, That whenever the number of wards in any such city shall be increased in any manner provided by law, such increase shall not affect the terms of office of councilmen then in office, but that at the next annual election for city officers held after such increase there shall be elected for each of such additional wards, to be designated as such by the mayor and councilmen, and by the notice of election, two councilmen, one of whom shall hold his office for the term of one year, and one of whom shall hold his office for the term of two years, and respectively until their successors shall be elected and qualified.

SEC. 13. [Electors.]-The qualifications of electors in the several wards shall be the same as is required for electors in precincts, under the laws of the state. SEC. 11. Amendment to this section, 1885, chap. 15, is not included in the title of amendatory act, and thus being unconstitutional is omitted.

At the first meeting of the council after any city election, the returns shall be canvassed, and they shall cause the clerk to make out and deliver certificates of election to the persons found to be elected; and a neglect of any such officer to qualify within ten days after the delivery to him of such certificate shall be deemed a refusal to accept the office to which he may have been elected.

SEC. 14. [Meetings of council.]—Regular meetings of the council shall be held at such times as may be fixed by ordinance, and special meetings whenever called by the mayor or any two councilmen. Two-thirds of all the members elected to the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and compel the attendance of absent members.

SEC. 15. [Salaries.]-The annual salaries of all officers shall be fixed by ordinance not exceeding the following sums respectively: The mayor five hundred dollars, treasurer three hundred dollars, each councilman three hundred dollars, clerk five hundred dollars, marshal and policemen not exceeding sixty-five dollars each per month, city engineer not exceeding five dollars per day for each day actually employed, and not exceeding five hundred dollars in any one year, street commissioner not exceeding ninety dollars per month for the time actually employed and not exceeding one thousand dollars in any one year, city attorney five hundred dollars, water commissioner one thousand dollars per year, all other officers and employes of the city except police judge, shall receive such compensation as the mayor and councilmen may think fit at the time of their employment; Provided, however, That the mayor and council may at any time instead of employing a street commissioner, require his duties to be performed by the marshal or any policeman, but without additional compensation. [Amended 1885, chap. 15.]

SEC. 16. [Fees of police judge.]—The police judge shall receive the same fees as a county judge for similar services.

SEC. 17. [Officers.]-All officers shall be qualified electors, of the city, entitled to vote at all elections therein.

SEC. 18. [Duties of mayor.]-The mayor shall preside at all meetings of the city council, and shall have a casting vote when the council is equally divided, except as otherwise herein provided, and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and of this act are complied with.

SEC. 19. [Same.]-He shall sign the commissions and appointments of all the officers elected or appointed in the city.

SEC. 20. [Veto.]-The mayor shall have power to sign or veto any ordinance passed by the city council, and to sign or veto any order, by-law, resolution, award of, or vote to enter into any contract, or the allowance of any claim; Provided, That any ordinace, order, by-law, resolution, award or vote to enter into any contract, or the allowance of any claim vetoed by the mayor may be passed over his veto by a vote of two-thirds of all the members elected to the council, notwithstanding his veto; and should the mayor neglect or refuse to sign any ordinance and return the same with his objections in writing at the next regular meeting of the council, the same shall become a law without his signature; Provided, That the mayor may veto any item or items of any appropriation bill, and approve the remainder thereof, and the item or items so vetoed may be passed by the council over the veto as in other cases. (Amended 1885, chap. 15.]

SEC. 21. [Same-Message.]-He_shall, from time to time, communicate to the city council such information and recommend such measures as in his opinion may tend to the improvement of the finances of the city, the police, health, comfort, ornament, and general prosperity of the city.

SEC. 22. [Same-Vacancy.]-In case of any vacancy in the office of mayor, or in case of his absence or disability, the president of the council shall exercise the powers and duties of the office of mayor until such vacancy shall be filled or