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suitable, ample, and sufficient fire escapes, and suitable, ample, and sufficient means of exit and entrance.

XII. To regulate, license, tax, and suppress places of amusement, and to revoke the license 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. 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. To license, tax, and regulate runners for stages, cars, hotels, public buildings, or other things or persons.

XV. 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.

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XVI. To forbid, punish, and prohibit the selling or giving away of any toxicating, 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. To prevent the dangerous construction and condition of chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers, apparatuses 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. [Explosives.]—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. To prohibit and punish cruelty to animals.

XX. To regulate traffic and sales upon the streets, sidewalks, and public places.

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

XXII. To regulate the use of sidewalks and all structures thereunder. XXIII. 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. To provide for and change the location, grade, and crossing of any railroad.

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. To construct and keep in repair culverts, drains, sewers, and cesspools, and to regulate the use thereof.

Gives the right to provide the means of carrying out provision of subdivision 26. 22, 620 35 N. W., 941).

XXVII. 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. 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. 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 1881, p. 198.

2860. Section thirty-nine of "An act to provide for the organization, government, and powers of cities and villages," 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.

Amended 1881, p. 198.

VILLAGES.

2861. 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 the 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 [2863], 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.

All after * added 1881, p. 202. Facts held sufficient to show that village was a de facto corporation during time in question. 24, 247 (38 N. W., 737). See 10, 205 (4 N. W., 965).

2862. The corporate powers and duties of every village shall be vested in the board of trustees, to consist of five members.

2863. Any person may be a trustee who shall have attaiued the age of twentyone years, and shall be a male citizen of the United States, or declared his intention to become such, who shall have been an inhabitant and taxpayer of the village at the time of his election, and resided therein for three months next preceding; and every trustee so elected shall hold his office for the term of one year, and until a successor is elected and qualified.

2864. Every trustee, before entering upon the duties of his office, shall take an oath to support the constitution of the United States, and the constitution of the state of Nebraska, and faithfully and impartially to discharge the duties of his office; and every board of trustees shall assemble within twenty days after their appointment or election, and choose a chairman from their number. The board of trustees shall by ordinance fix the time and place of holding their stated meetings, and may be convened at any time by their chairman.

2865. At all meetings of the board a majority of the trustees shall constitute a quorum to do business; a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the board of trustees by ordinance may have previously prescribed.

2866. The board of trustees shall keep a journal of their proceedings, and at the desire of any member shall cause the yeas and nays to be taken and entered on the journal, on any question or ordinance, and the proceedings shall be public.

2867. Such board of trustees shall have power to pass by-laws and ordinances to prevent and remove nuisances; to prevent, restrain, and suppress bawdy houses, gambling houses, and other disorderly houses within the limits of such village; to restrain and prohibit gambling; to provide for licensing and regulating theatrical and other amusements within such village; to establish night watches; to provide pest houses; to prevent the introduction and spread of contagious diseases. to establish and regulate markets; to erect and repair bridges; to erect, repair, and regulate wharves, and the rates of wharfage; to regulate the landing of steamboats, rafts, and other water craft; to provide for the inspection of lumber, building materials, and provisions to be used or offered for sale in such village, or to be exported therefrom; to require and regulate the planting and protection of shade trees in the streets, and the building of stairways, railways, doorways, awnings, hitching posts, 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 of such village; and in addition to the special powers herein conferred and granted, maintaining the peace, good government, and welfare of the town or village, and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting penalties upon inhabitants, or other persons, for the violation thereof, not exceeding

one hundred dollars for any one offense, recoverable, with costs, together with judgment of imprisonment until the amount of said judgment and costs shall be paid. Village subject to same liabilities as other municipalities for defective sidewalks. 27,773 (43 N. W., 1145); 28, 831 (40 N. W., 417). Village cannot enforce occupation tax by imprison27, 67 (42 N. W., 913).

ment.

2868. Such village board of trustees may appoint a village clerk, treasurer, attorney, *overseer of the streets, and marshal, who shall hold their offices for one year, unless sooner removed by the president of the board, with the advice and consent of the trustees.

All after* added 1885, p. 158.

2869. The trustees shall receive no compensation. The compensation of the other officers shall be fixed by ordinance, but not to exceed the following sums, respectively, in one year: The clerk one hundred and fifty (150) dollars per year. The treasurer one hundred and fifty (150) dollars per year. The attorney one hundred and fifty (150) dollars per year. The marshal twenty-five (25) dollars per month, and not to exceed three hundred (300) dollars per year. The overseer of the streets shall receive two (2) dollars per day, for services actually rendered, and shall not receive to exceed three hundred (300) dollars per year.

All after* added 1885, p. 159.

2870. The chairman of such board of trustees shall cause to be printed and published the by-laws and ordinances of the board, for the information of the inhabitants, and cause the same to be carried into effect, and in case of the absence of the chairman of the board from any meeting of the board of trustees, such board shall have power to appoint a chairman pro tempore, who shall, for the time being, exercise and have the powers, and perform the same duty, as the regular chairman.

2871. The board of trustees shall give public notice of the time and place of holding each election; said notice to be given not less than ten nor more than twenty days previous to the election.

2872. If, on any day appointed for holding any election under the provisions of this chapter, any of the judges or clerks of election shall fail to attend, the electors present may fill such vacancies from among the qualified electors present.

2873. In counties not under township organization justices of the peace of any precinct in which any village or any part thereof may be situated, and in counties under township organization justices of the peace elected in said village, or from the township in which any village or any part thereof may be situated, shall have jurisdiction to hear, try, and determine all offenses against the general ordinances of such village, and for that purpose may issue warrants for the arrest of any alleged offender, upon information under oath as in other cases; and upon the arrest of the defendant by the sheriff or any constable of the county, or marshal of such village, shall proceed thereon in all respects in the same manner and with the same powers as against persons charged with a misdemeanor under the general laws of the state; and the justice by or before whom such proceedings shall be had, and the officer making such arrest, shall be entitled to the same fees and costs, and be collected in the same manner as in cases of prosecutions for misdemeanors under the laws of the

state.

Amended 1885, p. 159.

ADOPTION OF VILLAGE GOVERNMENT.

2874. Whenever any city of the second class, containing more than fifteen hundred inhabitants, desires to discontinue its organization as a city, and organize as a village, and one-fourth of the legal voters of such city shall petition the

city council, the council shall cause to be published, for at least thirty days, a notice stating that the question of adopting village government will be submitted at the next annual city election. The form of the ballot shall be "For organization as a village," and "Against organization as a village;" and at the same election the qualified voters shall also vote for five trustees for the village. If a majority of the votes cast are "For organization as a village," then such city shall within sixty days after such election be and become a village, and be governed under the provisions of the law relating to villages, unless it shall at some future annual election adopt a city government, in the manner provided herein for its adoption of village government.

2875. If village government shall have been adopted as aforesaid, the board of trustees shall, at the expiration of sixty days from said election, enter upon the duties of their offices, and all books, papers, records, moneys, and property of such city shall be delivered over to the board of trustees, and the authority of the city council and all city officers shall cease from and after the taking effect of village government in such city.

2876. All ordinances of the city shall remain and be in full force in the village until amended or repealed by the board of trustees, and the board shall provide for the payment of the city indebtedness and levy necessary taxes therefor as if the same had been incurred by the village.

GENERAL PROVISIONS.

2877. Cities of the second class and villages governed by this chapter shall be bodies corporate and politic, and may sue and be sued; contract or be contracted with; acquire, hold, and convey property real or personal; have a common seal which they may change and alter at pleasure; and such other powers as may be conferred by law; Provided, That real property shall only be conveyed by the proper authorities of such city or village when so authorized by a vote of the electors thereof.

2878. The corporate name of each city or village governed by this chapter shall be the "city (or village) of ," and all and every process and notice. whatever affecting such corporation shall be served upon the mayor or chairman of board of trustees, and in his absence, upon the clerk, or in the absence of such officers, then by leaving a certified copy at the office of the clerk.

2879. All rights and privileges which have accrued to any city, town, or village held by any officer of such corporation, under or by virtue of any act of the legislature of the territory or state of Nebraska, or any act of the congress of the United States, before the taking effect of this chapter, are hereby preserved to such cities, towns, or villages, and all of its said trusts, rights, and privileges shall be transmitted to and be vested in such latter corporation, and all actions heretofore commenced by or against any city or town which shall be or become a city or village under the provisions of this chapter shall be in no manner affected by this act, but all such actions shall be continued to final judgment and satisfaction as if this chapter had not been passed..

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2880. The style of all ordinances shall be: "Be it ordained by the mayor 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 book or

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