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CHAPTER 23.

appointments

to office of cities.

AN ACT To amend sections six, seven, twenty-three, twen-
ty-nine, thirty, thirty-seven, fifty-nine, sixty-nine, seven-
ty, ninety-five, ninety-nine, one hundred and one, and to
repeal sections ninety-six, ninety-seven, ninety-eight, one
hundred, and one hundred and two of an act entitled "An
act to provide for the organization, government, and pow-
ers of cities and villages, approved March 1, 1879.

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

SECTION 1. That section six of an act entitled "An act to provide for the organization, government, and powers of cities and villages," approved March 1, 1879, be and the same is Elections and hereby amended so as to read as follows: Section 6. At the time of holding the general city election in each year, there shall be elected a mayor, a clerk, a treasurer, a city engineer, and the councilmen hereinbefore provided for, and a police judge shall be elected at each biennial city election; and the mayor with the consent of the council may appoint a city attorney and an overseer of streets, who shall hold their offices for one year unless sooner removed by the mayor, with the advice and consent of the council. The mayor, by and with the consent of the council shall appoint such a number of regular policemen as may be necessary, and may also appoint special policemen from time to time as exigencies arise. All police officers appointed by the mayor and council in accordance herewith, shall be removable at any time by the mayor.

Salaries of officers.

SEC. 2. That section seven of the act afore.

said be, and is hereby amended so as to read as follows: Section 7. The salaries of all officers of the city shall be fixed by ordinance, not exceeding the following amounts respectively; Clerk, three hundred dollars ($300) per year; treasurer, three hundred dollars ($300) per year; city engineer, four dollars ($4.00) per day for actual services, but not exceeding three hundred dollars ($300) per year. Overseers of streets, two dollars ($2.00) per day for actual services, but not exceeding three hundred dollars ($300) per year; city attorney, two hundred and fifty dollars ($250.00) per year; chief of police, sixty-five dollars ($65) per month, which shall include his compensation as overseer of streets; policemen, fifty-five dollars ($55) per month; mayor, two hundred dollars ($200) per year, and councilmen each, the sum of fifty dollars ($50) per year. All other officers and employees of the city shall receive such compensation as the mayor and council may fix at the time of their appointment or employment.

warrant before

SEC. 3. That section twenty-three of the act Complaint and aforesaid be, and the same is hereby amended police judge. so as to read: Section 23. 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 in writing, indorsed on the process by the police judge for that purpose, and whose return shall be made under oath.

Trials before police judge, jurors, fees.

Judgment by police judge.

SEC. 4. That section twenty-nine of the act aforesaid be, and the same is hereby amended so as to read: Section 29. 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 statute 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 justice's courts, to be taxed as other costs are taxed in the case.

SEC. 5. That section thirty of said act be, and hereby is amended so as to read as follows: Section 30. 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 said confession of 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 courts.

office of police

SEC. 6. That section thirty-seven of the act Vacancy in aforesaid be, and the same is hereby amended judge. so as to read as follows:

SECTION Thirty-seven. 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.

SEC. 7. That section fifty-nine of said act be, and the same is hereby amended so as to read as follows:

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SECTION Fifty-nine. The style of all ordi- Ordinances, nances shall be:-Be it ordained by the mayor tion, proof. and council of the city of or "the chairman and board of trustees of the village of "And all ordinances of a general nature shall, before they take effect, be published within one month after they are passed in some newspaper published in said city or village, but if no paper be published in said city or village, then by posting up, one in each of three public places in said city or village, a written or printed copy thereof, or by publishing the same in a book or pamphlet form:

Additional powers.

General taxes.

Provided, however, That in case of riot, infectious or contagious diseases, or other impending danger, requiring its immediate operation, such ordinance shall take effect upon the proclamation of the mayor or chairman of the board of trustees, posted in at least three of the most public places in the city or village. The passage, approval and publication, or posting of said ordinances, shall be sufficiently proved by a certificate under seal of the city or village from the clerk thereof, showing that such ordinance was passed and approved, and when and in what paper the same was published, or when and by whom, and where the same was posted up. And when ordinances are printed in book or pamphlet form purporting to be published by authority of the board of trustees or city council, the same need not [be] otherwise published, and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances as of the dates mentioned in such book or pamphlet in all courts, without further proof.

SEC. 8. That section sixty-nine of said act be amended so as to read as follows:

SECTION 69. In addition to the powers hereinbefore granted cities and villages under the provisions of this chapter, each city and village may enact ordinances or by-laws for the following purposes:

I. To levy taxes for general revenue purposes, not to exceed ten mills on the dollar in any one year on all property within the limits of said cities and villages, taxable according to the laws of the state of Nebraska, the valuation of such property to be ascertained from

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