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ner and terms on which the mayor may remit any fine, penalty or costs, imposed by the police judge, for offenses arising under the ordinances of the city.

SEC. 162. [Necessary powers.]-When, by this act, the power is conferred upon the mayor and council to do and perform any act or thing, and the manner of exercising such power is not specially pointed out, the mayor and council may provide by ordinance the details necessary for the full exercise of such power.

SEC. 163. [Officers-General duties-Oath.]-The duties, powers and privileges of all officers of every character, in any way connected with the city government, not herein defined, shall be defined by ordinance, and the defining by this act of the duties of any city officer, shall not preclude the mayor and council from defining by ordinance further and additional duties to be performed by any such officer. Every officer of the city before entering upon his official duties, shall take and subscribe an oath, faithfully to discharge the duties of his office, which oath shall be in writing, and shall be filed with the city clerk.

SEC. 164. [Defense of suits by taxpayers.]-In any and all suits at law or in equity that may be brought against any city of the metropolitan class, if the said city shall refuse or neglect to defend the same, any resident taxpayer may, in behalf of said city, defend said suit at the cost of the said city, not including attorney's fees.

SEC. 165. [Public property exempt-Judgments how paid.]Lands, houses, moneys, debts due the city, and property and assets of every description belonging to any city governed by this act, shall be exempted from taxation, execution and sale. Judgments against such city shall be paid out of the general fund, or if the council so determine, by a tax to be levied at the time of the annual levy, on all the taxable property within the city limits.

SEC. 166. [Fines, etc., how paid.]—All fines and penalties, and forfeitures, collected for offenses against the ordinances of the city or for misdemeanors against the laws of this state, committed within any city of the metropolitan class, shall, unless otherwise provided by law, be paid by the person receiving the same, to the city treasurer of said city; and any person receiving such fine, penalties or forfeitures, who shall fail to pay the same over as above provided, within thirty (30) days after the receipt of the same by him, or within ten (10) days after being requested by the mayor so to do, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed one thousand ($1,000) dollars, and imprisonment not to exceed six (6) months in the county jail.

SEC. 167. [Officers-Compensation.-The several officers hereinafter named of any city of the metropolitan class shall receive the following compensation for their services, and no more, directly or indirectly, to wit: First, The mayor shall receive the sum of twenty-five hundred (2,500) dollars per annum. Second, The police judge shall receive a salary of two thousand (2,000) dollars per annum. Third, The treasurer shall receive the sum of fourteen hundred (1,400) dollars per annum, and such further compensation or fees as may be provided by law, which shall be in full for his own services; and for the services of any deputy or assistant that may be necessary for the proper transaction of the business of his office, he shall receive the sum of fifteen hundred dollars. Fourth, The comptroller shall receive the sum of two thousand dollars per annum. Fifth, The chief of police shall receive the sum of eighteen hundred dollars per annum. Sixth, The city clerk shall receive the sum of two thousand dollars per annum. Seventh, The city attorney shall receive the sum of three thousand dollars per annum. Eighth, The assistant city attorney shall receive the sum of fifteen hundred dollars per annum. Ninth, The city engineer shall receive the sum of three thousand dollars per annum. Tenth, The assistant city engineer shall receive the sum of two thousand dollars per annum. Eleventh, The chairman of the board of public works shall receive the sum of twenty-five hundred dollars per annum. Twelfth, The street commissioner shall receive the sum of

eighteen hundred dollars per annum. Thirteenth, The superintendent of buildings shall [receive] the sum of eighteen hundred dollars per annum. Fourteenth, The boiler inspector shall receive the sum of fifteen hundred dollars per annum. Fifteenth, The commissioner of fire and police shall receive a salary of six hundred dollars per annum. Sixteenth, Each policeman shall receive a sum not exceeding eighty-five dollars per month, and each officer of police under the rank of chief shall receive a sum not exceeding one hundred ($100) dollars per month, to be fixed by ordinance. No policeman shall be allowed any fees as a witness in any case tried in the police court. Seventeenth, Each councilman shall receive the sum of six hundred dollars per annum.

SEC. 168. [Same.]-The compensation or salary of all officers and agents of the city not herein specified, shall be fixed and determined by ordinance, and shall not be increased or diminished during the term for which such officer or agent shall be appointed.

SEC. 169. [Same-Extra compensation.]-No officer shall directly or indirectly be allowed any further or greater compensation for his official services than is allowed herein, nor shall any officer named herein, take or receive therefor, directly or indirectly, any further or greater compensation than is provided as aforesaid.

SEC. 170. [Same-Violation of act.]-If any such officer shall violate any of the foregoing provisions of this act, or if any member of the council shall vote for any further allowance to any officer whose salary is fixed by this act, or to the members of the council, he shall be deemed guilty of a misdemeanor in office, and upon conviction thereof in a court of competent jurisdiction, shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding one year; and he shall moreover be removed from office by the court rendering judgment of conviction against him.

SEC. 171. [Same-Interested in contracts.]-Any officer of the city, or member of the city council, or any employee entrusted with the supervision of any public work, who shall by himself or agent, or as the agent or representative of any other person or corporation, become a party to, or in any way interested in any contract, work or letting under the authority and by the action of the city council, or who shall in any manner be pecuniarily interested in, or receive any portion of the wages or pay, of any person or team in his charge, or under his supervision or control, or furnish any material to be used in such work or under such contract, or who shall accept or receive any valuable consideration or promise for his influence or vote, shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court.

SEC. 172. [Removal from office.]-The power to remove from his office the mayor or any councilman or other officer mentioned in this act in any city of the metropolitan class, for good and sufficient cause, is hereby conferred upon the district court for the county in which such city is situated; and whenever any two of the city councilmen shall make and file with the clerk of said court, the proper charges and specifications against the mayor, alleging and showing that he is guilty of malfeasance or misfeasance as such officer, or that he is incompetent, or neglects any of his duties as mayor, or that for any other good and sufficient cause stated, he should be removed from his office as mayor; or whenever the mayor shall make and file with the clerk of said court the proper charges and specifications against any councilman, or other officer mentioned in this act, alleging and showing that he is guilty of malfeasance or misfeasance in such office, or that he is incompetent, or neglects any of his duties, or that for any other good and sufficient cause stated, he should be removed from his office, the judge of such court may issue the proper writ, requiring such officer to appear before him, on a day therein named, not more than ten days after the service of such writ, together with a copy of such charges and specifications,

upon such officer, to show cause why he should not be removed from his office. The proceedings in such case shall take precedence of all civil causes and be conducted according to the rules of such court in such cases made and provided, and such officer may be suspended from the duties of his office during the pendency of such proceedings, by order of said court.

SEC. 173. [Act repealed.]-That an act entitled "An act to incorporate cities of the first class, and regulating their duties, powers and government," approved March 1st, 1881, and all acts amendatory thereof, and all acts or parts of acts or laws in conflict herewith, be and the same are hereby repealed.

CHAPTER 13.-CITIES OF THE FIRST CLASS.

SECTIONS 1-107. [Repealed by act providing for cities of metropolitan class, 1887, ch. 9, § 173.]

TAXES FOR SEWERS ALREADY CONSTRUCTED.

SEC. 108. [Sewer debt tax.]-That in cities of the first class the mayor and council shall levy a tax in each year in addition to all other taxes, in the manner provided by law for the levy of other taxes, of one and one-half mills on the dollar of the assessed valuation of all the taxable property in said city to pay all indebtedness heretofore incurred for the construction and maintenance of any main sewer or sewers or branches thereof and draw warrants therefor on the fund so provided for; Provided, That before any payment shall be made under the provisions of this act the value of said sewers shall be ascertained by the inspection and appraisment of three disinterested experts, who shall be appointed for that purpose, one of whom shall be selected by the mayor and council of such city, within which such sewer or sewers may have been constructed, one by the contractors who constructed such sewer or sewers, and the third to be chosen by the two experts so selected, who shall first be sworn to make a true and impartial appraisement of the value of such sewer or sewers, upon actual inspection and measurement, and who shall return their appraisement in writing to the mayor of such city, and said appraisement being so returned, and said sewer or sewers accepted by said mayor and council, the same shall be paid with interest thereon at the rate provided by law when such indebtedness accrued; Provided, further, That in no case shall payment be made in excess of the contract price and interest thereon, from the date of such accrued indebtedness, under which such sewer or sewers may have been constructed. [1881, § 1, chap. 18.]

RATES OF TOLL.

SEC. 109. [Toll bridges.]-That the mayor and council in any city of the first class shall have power to license and regulate the keeping of toll bridges within or terminating within the city, for the passage of persons and property over any river passing wholly or in part within or running by and adjoining the corporate limits of any such city, to fix and determine the rates of toll over any such bridge, or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll so fixed and determined, from all persons passing over or using the same. [1871, 26. G. S. 136.]

VIADUCTS, BRIDGES AND TUNNELS.

SEC. 110. [Power of council.]-That the mayor and city council in any city of the first class shall have power, whenever they deem any improvement,

SEC. 108. "An act to provide for the levy of a tax in cities of the first class for the payment of sewers already constructed." Approved Feb. 28. Took effect June 1, 1881.

SEC. 109. "An act empowering the mayor and council in cities of the first class, to license and regulate the keeping of toll bridges; to fix the rates of toll, and to authorize the collection of the saine." Laws 1871, 26, G. S. 136. Took effect Feb. 8, 1871. The signature of the governor does not appear in the enrolled act. SECS. 110-115. "An act to provide for viaducts, bridges and tunnels, in certain cases, in cities of the first class. Took effect March 4, 1885.

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herein provided for, necessary for the safety and convenience of the public, to engage and aid in the construction of any viaduct, or bridge over, or tunnel under any railroad track or tracks, switch or switches in such cities, when such tracks or switches cross or occupy any street, alley or highway thereof, in the manner and to the extent hereinafter provided. [1885, chap. 12.]

SEC. 111. [Plans and specifications.]-Whenever any such viaduct, bridge or tunnel shall be deemed necessary, as provided in the preceding section, the mayor and city council shall have the power to secure and adopt plans and specifications therefor, together with the estimated cost of the work, and thereupon, if the railroad company or companies across whose track or switches the work is proposed to be built, will assume three-fifths (3-5) of the entire cost thereof and three-fifths (3.5) of all damages to abutting property on account of construction of said viaduct, bridge or tunnel, and secure to the city the payment of the necessary funds to meet it as the work progresses, in such manner and with such security as the mayor and the city council shall require, and when the payment of the further sum of one-fifth (1-5) of the money required for such improvement is arranged for in manner satisfactory to said mayor and council, either by private donation or by execution of good and sufficient bond as will protect said city from the payment of said one-fifth (1-5) then the said mayor and council may proceed to contract with the necessary party or parties for the construction of such viaduct, bridge or tunnel under the supervision of the board of public works of such city, and to provide for the payment of one-fifth (1-5) of the cost thereof by the city, by special tax on all taxable property in such city, and one-fifth (1-5) by special tax to property benefited, as provided in the following section, if not otherwise provided for.

SEC. 112. [Payment by city.]-The money necessary to pay for two-fifths (2-5) of the entire cost of any such viaduct, bridge or tunnel, which the city is to bear, shall be raised as follows, viz: one-fifth (1-5) of the entire cost of the work, or so much thereof as shall be covered by special benefits, shall be paid by special assessment or special taxation of real property benefited by said improvement, which benefits shall be appraised and assessed by the mayor and council upon property benefited, and according to benefits, and in such manner as said mayor and council shall direct and determine; such assessment to become due and payable within fifty days after the levy is made; and the payment of all such assessments shall be enforced in the same manner, and with like penalties for delinquencies, as are provided in the case of special assessments for the paving of streets in such city. And the remainder one-fifth (1-5), together with two-fifths (2-5) the cost of damages to abutting property, required to be paid, shall be paid by said city, and shall be paid out of a special fund created and raised for the purpose of defraying the cost of such improvement, and by a tax on all the taxable property within the city; and such tax to be levied when ordered by the mayor and council, and payable at the same time as the city taxes for general city purposes.

SEC. 113. [Street railways.]-The city, with the assent of the railroad company or companies aiding in the construction of any such viaduct, bridge or tunnel, as herein provided, may permit any street railway company to build its street railway track and operate its railway upon or through the same, upon such terms and conditions, and for such compensation as shall be agreed upon be tween the city and the street railway company. And the compensation paid for such use shall be set apart and used towards the maintenance of such viaduct, bridge or tunnel.

SEC. 114. [Damages.]-Before entering upon the construction of any work contemplated by this act, the said mayor and council shall provide for assessing and appraising the damages, if any, sustained by property abutting on such improvements, from which appraisal of damages the owner shall have the right of appeal to the district court, as now provided by law in similar cases. The proceedings for ascertaining any such damages shall be the same as provided for in

case of the change of grade of streets. And said damages shall be paid by the city, as provided in section two and three of this act.

SEC. 115. [Ordinances.]—The mayor and council of any such city shall have the power to pass any and all ordinances, not in conflict with this act, that may be necessary or proper for the construction, maintenance and protection of the works herein provided for.

CHAPTER 13 a.-CITIES OF THE FIRST CLASS.

SECTION 1. [Cities of first class.]-That all cities having less than sixty thousand, (60,000) and more than twenty-five thousand (25,000) inhabitants, shall be governed by the provisions of this act, and be known as cities of the first class having less than sixty thousand (60,000) inhabitants. [1887, chap. 10.] SEC. 2. [Population.]-Whenever any city of the second class shall have attained a population of more than twenty-five thousand (25,000) inhabitants, and such fact shall have been duly ascertained and certified to the governor by the mayor of such city, attested by the seal thereof, he shall declare by public proclamation such city to be a city of the first class, having less than sixty thousand (60,000) inhabitants and subject to the provisions of this act.

SEC. 3. How organized.]-The government of such city shall continue in authority from the date of such proclamation until the reorganization under this act. The mayor and council shall divide the city into not less than six wards to take effect at the next annual municipal election.

SEC. 4. [Corporate limits.]--The corporate limits of such city shall remain as theretofore, and the mayor and council may by ordinance include therein all the territory contiguous or adjacent which has been by the act, authority or acquiesence of the owners, sub-divided 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 (or otherwise as shall appear most for the convenience of the inhabitants of such city and the public, 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.

SEC. 5. [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.

SEC. 6. [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 under 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, 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 county clerk of the county, and thereupon such plat shall be equiva

CHAP. 13 a. "An act to incorporate cities of the first class, having less than sixty thousand (60,000) inhabitants, and regulating their duties, powers and government." [Passed and took effect March 25, 1887. Laws 1887, chap. 10.]