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appear that the accused ought to be put upon his trial for an offense not cognizable before said judge, he shall immediately stop all further proceedings before him and proceed as in other cases exclusively cognizable before the district court.

2585. 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 atachment if necessary, and all witnesses shall receive the sum of fifty cents for each day's attendance.

2586. Cases in the police court for violation of city ordinances shall be tried and determined by the police judge without the intervention of a jury; cases of misdemeanor under the statutes of the state shall be tried by the police judge alone, unless the defendant demands a jury; 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 courts, and the trial of such 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 courts, to be taxed as other costs are taxed in the case. And if, in any case of misdemeanor under the laws of the state, it shall appear to the police judge, by affidavit of the defendant, that he cannot have a fair and impartial trial before such police judge, the hearing of such a case may be transferred to some justice of the peace in such city. The police judge shall transmit or deliver the papers in such case, with a certified transcript of the proceedings before him, to such justice, who shall proceed therein and have the same jurisdiction, powers, duties in all respects whatever as if such suit had been originally instituted before him; but before such change shall be allowed, all costs that have accrued in the police court and a fee of one dollar for transcript shall be paid by the defendant. This is not in violation of constitution. 26, 466 (42 N. W., 419).

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2587. Judgment. 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 defendant stand committed until the judgment be complied with. Costs shall be taxed as in similar cases before justice of the peace; Provided, That a jail fee of fifty (50) cents and a fee of one (1) dollar for use of patrol wagon may be included in cases where a defendant was imprisoned before trial for one day or more, or where patrol wagon was used in making arrest; Provided, That in any prosecution for the violation of any ordinance, 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, with 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 daysfrom the date of such confession and entering of judgment, said police judge shall issue execution and collect the amount of such fine, or penalty and costs, in the manner provided by law for collecting judgment by execution in justices' courts.

2588. Discharge.-Any defendant committed under the provisions of this act for misdemeanor arising under the laws of the state may be discharged in the same manner as if he had been committed by the county court.

2589. Proceedings. In all cases not herein specially provided for, the process and proceedings before the judge shall be governed by laws regulating proceedings in justices' courts in criminal cases.

2590. Undertaking. In all proceedings, trials, and hearings before the

council based upon a complaint or information of any kind, where such information or complaint is not sustained before an appeal shall be taken, the complainant or informant shall enter into an undertaking in such sum as the mayor may fix, with sufficient sureties approved by the mayor, conditioned that he will pay all costs in case the decision of the council shall be sustained.

2591. Continuance.-When a trial shall be continued by the police judge it shall not be necessary to summon any witnesses 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 in the case on the day of trial, which verbal notice shall be as valid as a summons.

2592. Challenges. In trials by a jury before the police judge, challenges shall be allowed in the same manner as in similiar cases before justices of the peace. 2593. Punishment.-Any person convicted before the judge of any offense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordinance.

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2594. Working prisoner. 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 the direction of the marshal, for the term of his imprisonment, and when committed for the non-payment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs one dollar and fifty cents ($1.50) per day for each day he shall work.

2595. Vacancy in office.-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 the city, to act as police judge during such vacancy, absence, or disability of said police judge and until such vacancy is filled by appointment or election.

B. 10,000 to 25,000.

Secs. 2596 to 2711. "An act to incorporate cities of the first class having less than 25,000 and more than 8,000 inhabitants, and regulating their duties, powers, and government." 1889, p. 250. In force March 14. Amended 1891, pp. 162 and 164.

2596. Cities of the first class.-That all cities having less than twenty-five thousand (25,000) and more than ten thousand (10,000) inhabitants as ascertained and officially promulgated by the census and enumeration taken by authority of the laws of the United States in the year 1890, shall be governed by the provisions of this act, and [shall] be known as cities of the first class having less than twenty-five thousand (25,000) inhabitants.

Amended 1891, p, 163, by raising limit to 10,000.

2597. Whenever any city of the second class shall have attained a population of more than ten thousand (10,000) inhabitants, as ascertained and officially promulgated by the census return and enumeration taken under the authority of the United States, or under the authority of the state of Nebraska, the mayor of such city shall certify such fact to the governor, who shall by proclamation so declare, and thereafter such city shall be governed by the provisions of this act. And upon such proclamation being made by the governor each and every officer of such city shall within thirty (30) days thereafter qualify and give the bonds provided for by this act.

Amended 1891, 163.

2598. How organized.-The government of such city shall continue in au

thority from the date of such proclamation until the reorganization under this act. The mayor and council shall divide the city into not less than four wards, to take effect at the next annual municipal election.

2599. Corporate limits.-The corporate limits of such city shall remain as heretofore, and the mayor and council may by ordinance include therein all the territory contiguous or adjacent which has been by the act, authority, or acquiescence of the owners subdivided into parcels containing not more than five acres, and the mayor and council shall have power, by ordinance, to compel the owners of lands so brought within the corporate limits to lay out streets, ways, and alleys to conform and be continuous with the streets, ways, and alleys of such city (and they may vacate any public road heretofore established through such land), when necessary to secure regularity in the general system of its public ways.

2600. Contiguous property.-Land shall be deemed contiguous to such city, notwithstanding any stream or embankment, or any strip or parcel of land not more than two hundred (200) feet in width may lie between such land and the corporate limits of such city.

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2601. Additions. The proprietor or proprietors of any land within the corporate limits of any city of the first class, or contiguous to the same, may lay out said land into lots, blocks, streets, avenues, and alleys, and other grounds the same name of addition to the city of and shall cause an accurate map or. plat thereof to be made out, designating explicitly the land so laid out and particularly describing the lots, blocks, streets, avenues, and alleys, and other grounds belonging to such addition; the lots must be designated by numbers, and streets, avenues and other grounds by name or numbers, and such plat shall be acknowledged before some officer authorized to take the acknowledgment of deeds, and have appended a survey, made by some competent surveyor, that he has accurately surveyed such addition and that the lots, blocks, streets, avenues, alleys, parks, commons, and other grounds are well and accurately staked off and marked, and when such map or plat is so made out, acknowledged and certified, and after being approved by the mayor and council, the same shall be filed and recorded in the office of the register of deeds of the county, and thereupon such plat shall be equivalent to a deed in fee simple to said city from the proprietor of all streets, avenues, alleys, public squares, parks, and commons, and of such portion of the land as is therein set apart for public and city use, or is dedicated to charitable, religious, or educational purposes, and all additions thus laid out shall remain a part of said city, and all additions now or hereafter laid out adjoining or contiguous to the said corporate limits shall be included within the same, and be and become thereupon a part of such city for all purposes whatsoever, and the inhabitants of such addition shall be entitled to all the rights and privileges, and subject to all the laws, ordinances, rules, and regulations of the city to which land is an addition; Provided, The mayor and council shall have power by ordinance to compel the owners of any such addition to lay out streets, avenues, and alleys so as to have the same correspond in width and direction, and be continuations of the streets, ways, and alleys in the city or additions thereto, contiguous to or near the proposed addition, and no addition shall have any validity, right or privileges as an addition unless the terms and conditions of such ordinance are complied with, and the plat thereof submitted to and approved by the mayor and council, and endorsed thereon.

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2602. Corporate name.-The corporate name of each city organized under or governed by this act shall be the city of and all 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.

2603. Rights reserved. 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. When any such city or town shall be incorporated under the provisions of this act, all its said trusts, rights, and privileges shall be transmitted to and vested in such latter corporation, and all actions heretofore commenced by or against any city or town which shall become a city governed under the provisions of this act shall be in no manner affected by this act, but all such actions shall be continued to final judgment and satisfaction as if this act had not been passed.

2604. Powers.-Each city governed by the provisions of this act shall be a body corporate and politic, and shall have power: 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 interest 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 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 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; Provided, That upon the affirmative vote of three-fourths of all the members of the city council to be entered of record, such city may by ordinance direct the sale and conveyance of any such real estate which the city may have acquired at a sale for delinquent taxes, as herein provided, upon such terms as the council may deem best, without first submitting the question of such sale to a vote of the people.

2605. Wards. Each city governed by this act shall be divided into not less than four wards, as compact in form and equal in population as may be, the boundaries of which shall be defined by ordinance. Each ward shall constitute an election district; Provided, That when any ward shall contain over five hundred (500) legal voters, the mayor and council may divide such ward into two or more election districts.

2606. Precinct lines.-Precinct lines in that part of any county, not under township organization, embraced within the corporate limits of any city governed by this act, shall correspond with the ward lines in such city, and such precinct shall correspond in number with the ward of the city, and be co-extensive with the same; Provided, That when a ward is divided into 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 constable 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.

2607. Elections-When held.-The general city election in all cities governed by this act shall be held on the first Tuesday in April annually. The polls shall be opened at such place in each election district as may be designated by the mayor, or be fixed by ordinance, and shall be kept open between the hours of 9 o'clock A. M. and 7 o'clock P. M., and no longer.

2608. Election of officers.-At the first annual election after such proclamation by the governor, a mayor, treasurer, clerk, and police judge shall be elected

by a plurality of votes for the term of two years, and biennially thereafter. The council of each city governed by this act shall consist of one member for each ward and an equal number from the city at large, who shall be qualified electors of said city and a resident freeholder to the amount of five hundred dollars ($500).. Each councilman, before entering upon the duties of his office, shall be required to give a bond to the city, with two or more good and sufficient sureties, who shall each justify that he is worth at least two thousand dollars over and above all debts and exemptions; such bond shall be in the sum of two thousand dollars and shall be conditioned for the faithful discharge of duties of the councilman giving the same, and shall be further conditioned that if said councilman shall vote for any expenditure or appropriation of money, or the creation of any liability in excess of the amount allowed by law, that such councilman and the sureties signing said bond. shall be liable thereon. Said bond shall be filed with and approved by the mayor, and any liability sought to be incurred, or debt created in excess of the amount limited or authorized by law, shall be taken and held by every court of the state as the joint and several liability and obligation of the councilmen voting for and the mayor approving the same, and not the debt, liability, or obligation of the city, and voting for, or approving of such liability, obligation or debt, shall be conclusive evidence of malfeasance in office, and for which such councilman or mayor may be removed from his office. At the first annual election after such proclamation by thegovernor there shall be elected the number of councilmen equal to the number of wards in said city, to be designated councilmen at large, who shall serve for the term of two years. At the next annual election there shall be elected a councilman from each ward who shall serve for the term of two years. The councilman at large and the ward councilman shall constitute the city council, the councilman at large and the ward councilman being elected on alternate years. Ward councilmen shall be residents of the ward from which they may be elected. All councilmen's term of office shall commence the first Tuesday succeeding the day of election, upon which day they shall assemble together and organize the city council. In cities hereafter organized under this act, the councilman at large and the ward councilmen shall hold their offices as above provided, and shall be elected upon alternate years..

2609. Appointive officers.-The mayor may appoint an engineer, attorney, street commissioner, chief of fire department, and water commissioner, and may appoint three members of the board of public works, by and with the assent of the council, and any such officers may be removed at any time by a vote of the majority of all members of the council. All confirmation of officers by the council shall be made viva voce, and the concurrence of a like majority shall be required, and the vote by yeas and nays shall be recorded. The city marshall and such number of police as the council may authorize shall be appointed, and may be removed by the mayor at pleasure, and in case of emergency the mayor may appoint a necessary number of special police, who shall be removable at the pleasure of the mayor and

council.

2610. Elector's qualification.-The qualification of electors in the several wards shall be the same as is required for electors under the laws of the state. At a meeting of the council on the first Monday 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.

2611. Council meetings.-Regular meetings of the council shall be held at such times as may be fixed by ordinance, and special meetings whenever called by

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