shall willfully fail or refuse shall be guilty of a misdemeanor, and upon conviction be fined in any sum not exceeding one hundred dollars.

SEC. 15. [Duty of enumerators.]-In the discharge of his duties, each enumerator shall be charged with the collection of the facts and statistics required by each and all of the several schedules furnished him by the superintendent, and shall also visit personally each dwelling house in his district, and each family therein, and each individual living out of a family, in any place of abode, and by inquiry made of the head of such family, or the member thereof deemed most credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all the particulars required in the instructions given him and schedules furnished him, as of date June 1, 1885. And in case no person shall be found at the usual place of abode of such family, or individual living out of such family, competent to answer the inquiries made in compliance with the requirements of this act, then it shall be lawful for the enumerator to obtain the required information as nearly as may be practicable, from the family or families or person or persons living nearest to such place of abode. Provided, That Indians not taxed shall be omit.ed from such enumeration.

SEC. 16. [Duty of state and county officers.]-Each and every state and county officer shall, on demand from the superintendent, furnish said superintendent with all information relative to any matter properly within the provisions of this act, and arising under the jurisdiction of such officers, and on failure so to do, shall forfeit and pay the sum of one hundred dollars to be recovered by civil action in the name of the state, brought by the attorney general, in any court of competent jurisdiction.

SEC. 17. Oath-Bond-Pay.]-The superintendent on receiving his appointment shall qualify by taking the oath of office required by law of all appointive officers, and give bond in the penal sum of ten thousand dollars, with sureties to be approved by the governor, such bond to contain the conditions of other official bonds. He shall receive the sum of fifteen hundred dollars in full for his services under this act, such sum to be paid from time to time as the work progresses on certificate of the governor to the auditor of public accounts and the secretary of state. The commissioner of public lands and buildings shall provide such superintendent with an office at the capitol with necessary accommodations for carrying into effect the provisions of this act. Accounts for stationery, postage and other necessary expenses, shall be paid by warrant of the auditor on vouchers certified to as correct by the superintendent, and approved by the secretary of state in the manner provided by law.

SEC. 18. [Appropriated 50,000 dollars.]

SEC. 19. [Repealed chap. 11, first edition Comp. Stat.]

CHAPTER 12.-CHATTEL MORTGAGES.*

SECTION 1. [Foreclosure.]-Every mortgage of personal property containing and giving to the mortgagee or any other person a power to sell the property described therein, upon default being made in any condition of such mortgage, may be foreclosed in the cases and in the manner hereinafter specified. [1867, 12th Sess. Ter. § 1, 9. G. S. 481.]

SEC. 2. [Requisites.-To entitle any person to foreclose a chattel mortgage as hereinafter prescribed, it shall be requisite, 1. That some default in a condition of such mortgage shall have occurred, by which the power to sell be

NOTE.-"An act relating to the sale and transfer of personal property under mortgage." Laws 12th Sess Ter. 1867, 9. Chapter 46. G. S. 481. Took effect Feb. 18, 1867. The 9th section was superseded by "An act to prevent the fraudulent transfer of personal property." Laws 1877, 5. This act is inserted in lieu of said original 9th section, but so much of the act as provided for the removal of mortgaged property having been held unconstitutional (16 Neb. 239) is omitted. This defect, however, is now supplied by act of March 7, 1885, being section 10 of this chapter. For decisions on subject of this chapter, see chapter 32, Frauds.

came operative. 2. That if no suit or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage or any part thereof, or if any suit or proceeding has been instituted that the same has been discontinued, or that an execution upon the judgment rendered thereon, has been returned unsatisfied, in whole or in part, and 3. That such mortgage, containing the power of sale, has been duly recorded.

SEC. 3. [Notice of sale.]-Notice that such mortgage will be foreclosed by a sale of the mortgaged property, or some part thereof, shall be given as follows: by advertisement published in some newspaper printed in the county in which such sale is to take place, or in case no newspapers are printed therein, by posting up notices in at least five public places in said county, two of which shall be in the precinct where the mortgaged property is to be offered for sale, and such notices shall be given at least twenty days prior to the day of sale.

SEC. 4. [Contents of notice.]-Every such notice shall specify, 1. The date of the mortgage and where recorded. 2. The names of the mortgagor and mortgagee, and the assignee of the mortgagee, if any. 3. The amount claimed to be due thereon at the time of the first publication or posting of such notice. 4. A description of the mortgaged property, conforming substantially with that contained in the mortgage. 5. The time and place of sale.

SEC. 5. [Postponement of sale.]-Such sale may be postponed from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which the sale shall be postponed; or in case no newspaper is published in the county in which such sale is to be had, by posting a notice of such adjournment in some conspicuous place at the place designated in the original notice posted for said sale to be had.

SEC. 6. [Sale, when and where held.]-Such sale shall be at public auction in the daytime, between the hours of 10 A. M. and 4 P. M., in the county where the mortgage was first recorded, or in any county where the property may have been removed by consent of parties, and in which the mortgage was duly recorded, and in view of said property.

SEC. 7. [Purchase by mortgagee.]-The mortgagee, his assignees, and his or their legal representatives, may fairly and in good faith, purchase any of the mortgaged property offered at such sale.

SEC. 8. [Equity of redemption extinguished.)-When a mortgage shall have been foreclosed, as herein provided, any and all right of equity of redemption, which the mortgagor may or might have had, shall be and become extinguished.

SEC. 9. [Disposing of mortgaged property-Penalty.]-That any person who after having conveyed any article of personal property to another by mortgage, shall during the existence of the lien or title created by such mortgage, sell, transfer, or in any manner dispose of the said personal property, or any part thereof, so mortgaged, to any persons or body corporate, without first procuring the consent of the mortgagee of the property, to such sale, transfer or disposal, ****shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for a term not exceeding ten years, and be fined in a sum not exceeding one thousand dollars. [1877, 5. Took effect June 1, 1877.] SEC. 10. [Removal of mortgaged property-Penalty.]-That any person who after having conveyed any article of personal property to another by mortgage, shall, during the existence of the lien or title created by such mortgage, remove, permit, or cause to be removed, said mortgaged property, or any part thereof, out of the county within which such property was situated at the time such mortgage was given thereon, with intent to deprive the owner or owners of said mortgage of his security, shall be deemed guilty of felony, and on conviction thereof shall be imprisoned in the penitentiary for a term not exceeding ten years, and be fined in a sum not exceeding one thousand dollars. [1885, chap 11.j

SEC. 9. Section except as to words omitted by

intent to defraud. 19 Neb. 321.

is constitutional. Not necessary to allege

SEC. 10. "An act to prevent the fraudulent removal out of the county of mortgaged personal property, and to provide a penalty for the violation of this act." Took effect March 5, 1885.

CHAPTER 12 a.-CITIES OF THE METROPOLITAN CLASS.

SECTION 1. Metropolitan cities.]-That all cities in the state of Nebraska, now having a population of sixty thousand inhabitants, or more, as shown by the state census of 1885, and all cities which shall hereafter have attained a population of sixty thousand inhabitants, or upwards, shall be considered and known as cities of the metropolitan class and shall be governed by the provisions of this act. [1887, chap. 9.]

SEC. 2. Population-Proclamation.]-Whenever any city shall hereafter have attained a population of sixty thousand inhabitants, or upwards, and such fact shall have been ascertained by any national or state census, and shall le so certified to the governor by the mayor of such city, it shall thereupon be the duty of the governor by public proclamation to declare such city to be of the metropolitan class, and thereupon such city shall be subject to the provisions of this act.

SEC. 3. [Corporate limits.-The corporate limits of any city of the metropolitan class shall be fixed and determined by the mayor and council of such city, by ordinance, within one year after the passage of this act or within one year after being proclaimed by the governor a city of such class, the said corporate limits to include an area not to exceed twenty-five square miles including any township or village organization within such limits, which organization shall thereupon cease and terminate and after said corporate limits have been so fixed and determined, the same shall not be changed until the population of such city shall have increased at least twenty thousand, as shown by a state or national census, whereupon, the mayor and council of any such city may extend said corporate limits such distance as may be deemed proper in any direction not exceeding one mile.

SEC. 4. [Name-Service of process.]-The corporate name of each city, organized under or governed by this act, shall be "The city of...

and all and every process or notice 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. 5. [Saving clause.]-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. 6. [General 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 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, except when otherwise specially provided.

SEC. 7. [Wards.]-Each city governed by this act shall be divided into wards, not less than six or exceeding ten in number, the boundaries of which shall be defined by ordinance. Said wards shall be equal in population, as near as may be.

SEC. 8. [Election districts.]-Whenever fifty or more legal voters of any ward in such city shall petition the mayor and city council thereof, to divide

CHAP. 12 a. An act entitled, "An act incorporating metropolitan cities and defining, regulating and prescribing their duties, powers and government." Passed and took effect March 30, 1887. Laws 1887, Chap. 9.

such ward into two or more polling or voting districts, and it shall be made to appear that said ward contains more than four hundred legal voters, the said mayor and city council, on presentation of said petition, shall by ordinance divide such ward into two or more election districts, and appoint judges and clerks of election for such polling or voting districts, as now appointed for the elections held in the wards.

SEC. 9. [Precincts.]-Precinct lines in that part of the county embraced within the corporate limits of a city of the metropolitan class, shall correspond with the ward lines in such city, and such precincts 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 or more election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts.

SEC. 10. [Elections-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 they shall be kept open between the hours specified by law for general state and county elections, and shall be conducted in accordance with the provisions of such law. [See Chap. 26 a.]

SEC. 11. [Election-Officers.]-The general city election in all cities governed by this act shall be held on the first Tuesday in May, 1887, and on the first Tuesday in December, 1889, and every two years thereafter, for the election of the following named officers, to-wit: Mayor, police judge, and treasurer, and comptroller. At the general city election held in 1887 the said officers shall be elected by a plurality of votes, for a term commencing on the first Tuesday succeeding their election and ending the first Tuesday in January, 1890, and at the general city election held in 1889, and at all subsequent elections, said officers shall be elected by a plurality of votes for the term of two years commencing on the first Tuesday in January succeeding their election, and they shall hold their respective offices until their successors are elected and qualified.

SEC. 12. [Council.]-The council of each city governed by this act shall consist of one member for each ward and an equal number for the city at large, who shall be qualified electors of said city. 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 the 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.

SEC. 13. [Council.]-In cities now having a population of sixty thousand inhabitants, or upwards, the qualified voters of such city at the general election to be held in 1887, and at the general election to be held in 1889, and every two years thereafter shall, by a plurality of votes of the entire city, elect a 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; Provided, That the Councilmen at large elected at the general election in 1887 shall serve until the first Tuesday in January, in 1890, their term of office to commence the first Tuesday succeeding their election. In such cities at an election to be held on the first Tuesday in December, 1888, and every two years thereafter, the qualified voters of each ward shall elect one councilman who shall serve for the term of two years. In cities of the metropolitan class, now or hereafter subject to the provisions of this act, whenever by reason of an increase of wards in such city, or by reason of being proclaimed a city of such class, any ward shall be without representation, it shall be lawful and proper at the next succeeding city election, to elect

ward-councilmen for such wards, and also to elect a number of councilmen at large, equal to the number of new or additional wards created, and if such election shall be a general city election, the councilmen at large shall be elected for the long term, and the ward-councilmen for the short term; but if such election shall be for the election of ward-councilman, the ward-councilman shall serve for the long term of two years and the councilmen at large elected at such election shall serve for the short term. The councilmen at large and the wardcouncilmen shall constitute the city council, the councilmen at large and the ward-councilmen being elected upon alternate years. Ward-councilmen shall be residents of the ward from which they may be elected. All councilmen's term of office shall, after 1887, commence the first Tuesday in January next succeeding the day of election, upon which day they shall assemble together and organize the city council. In cities hereafter organized as cities of the metropolitan class, the councilmen at large and the ward-councilmen shall hold their offices as above provided, and shall be elected upon alternate years.

SEC. 14. [Electors-Canvass.]-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. A meeting of the council shall be held the first Monday after each city election, at which meeting the returns shall be canvassed, and it 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. No person shall be eligible to any elective city office unless he is a qualified voter in the city at the time of his election.

SEC. 15. [Powers of council-Ordinances.]—The mayor and council of each city created or governed by this act, shall have the care, management and control of the city, its property and finances, and shall have power to pass, amend, or repeal, any and all ordinances not repugnant to the constitution and laws of this state, necessary or proper to execute or carry into effect any of the provisions hereof, or any of the powers herein granted, except as otherwise herein provided.

SEC. 16. [Elections.-The mayor and council shall have power to provide for the election of city officers, and to prescribe the manner of conducting the same, and the returns thereof, and the registration of voters, and for deciding contested elections in any manner not in conflict with existing laws, also to provide for filling such vacancies as may occur in the office of councilmen, or other elective office of the city, by calling special elections for that purpose, also to provide for removing officers of the city for misconduct, incompetency, or for malfeasance in office. [See Chap. 26 a.]

SEC. 17. [Offices.]-The mayor and council shall have power to create any office or employ any agent they may deem necessary for the government and best interests of the city, and to prescribe and regulate the duties, powers and compensation of all officers, agents and servants of the city not herein provided for.

SEC. 18. [Bonds.]-The mayor and council shall have power to require of all officers or servants elected or appointed in pursuance of this act, to give bond and security for the faithful performance of their duties. No officer shall become security upon the official bond of another, or upon any bond executed to the city. SEC. 19. [Reports.]-The mayor and council shall have power to require from any officer of the city at any time, a report in detail of the transactions in his office, or any matter connected therewith.

SEC. 20. [Public peace.]—The mayor and council shall have power to provide for the punishment of persons disturbing the peace and good order of the city by clamor and noise, by intoxication, drunkenness, fighting or using obscene or profane language in the streets or other public places, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior.