such land is situated, or if none is published therein, then such notice shall be published for the same time in some newspaper of general circulation in such county, that the county board of such county have selected a site for the construction of county buildings, which site includes his or her lands, and that the same will be taken and appropriated for the purpose of the construction of county buildings, and if such owner shall not within thirty days thereafter apply to said county judge to have the damages assessed in the mode hereinbefore prescribed, said county board may proceed, as herein set forth, to have the damages assessed, subject to the same right of appeal as in case of resident owners, and upon the payment of the damages assessed to the county judge for such owner the county board shall acquire all right and privileges mentioned in this act. [Id. § 6.]

SEC. 14. [Act cumulative.]-This act shall in no way affect the power of the county board now possessed by law to purchase a site for the construction of county buildings, but is cumulative. [Id. § 6.]

SEC. 15. [Corner act as sheriff.]-Every coroner shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to the case, or whenever affidavits shall be made and filed as provided in the succeeding section, and in all such cases he shall exercise the same powers, and proceed in the same manner as prescribed for the sheriff in the performance of similar duties. [1881 § 1, chap. 42.]

SEC. 16. [Process directed to coroner. Whenever any party, his agent or attorney shall make and file with the clerk of the proper court an affidavit stating that he believes the sheriff of such county will not, by reason of either partiality, prejudice, consanguinity, or interest, faithfully perform his duties in any suit commenced, or about to be commenced, in said court, the clerk shall direct the original or other process in such suit to the coroner, who shall execute the same in like manner as the sheriff might or ought to have done, and if like objection shall be made to the coroner by either party, the court shall appoint some suitable person to whom such objection does not apply. [Id. § 2.]

SEC. 17. [Protection of lands from high water.]-That whenever any portion of a county exceeding 320 acres in amount is put in peril of destruction by reason of the probable diversion of the channel of any river or water course, and whenever a petition stating such fact, signed by twenty freeholders in the precinct is filed with the county commissioners of said county, it shall be the duty of the said board of county commissioners to view said premises within the succeeding thirty days, and if upon actual view it shall appear that a portion of the county exceeding 320 acres is in actual peril of destruction they may cause to be built any dam, embankment, or dyke, or aid to such an extent as they may deem proper in the building of any dam, embankment, or dyke that they may deem necessary for the protection of said land. The amount expended towards such improvements to be paid out of the general fund of the county. [1885, chap. 38.]

ARTICLE IV.-TOWNSHIP ORGANIZATION.

SECTION 1. [Election.]-At any general election that may be held in the several counties of the state, the qualified voters in any county may vote for or against township organization in such county. [1883, chap. XXXVI.]

SEC. 2. [Duty of Commissioners.]-The county commissioners, on petition of fifty or more legal voters, shall cause to be submitted to the voters of the county the question of township organization under this act, by ballot, to be written or printed or partly written or partly printed, "for township organization," or "against township organization," the vote to be canvassed and returned in like manner as votes for county officers.

SEC. 15. See 12 Neb. 407. Process from county court may be served by coroner when sheriff is a party. 16 Neb. 647. ART. IV. "An act to provide for township organization, to define the rights, powers, and liabilities of towns, and the duties, powers and compensation of the officers thereof." Took effect June 1, 1883. The adoption of township organization does not shorten the team of county officers. 16 Neb. 566.

SEC. 3. [When county governed.]-If it shall appear by the returns of said election that a majority of the legal voters of said county voting at said election are for township organization, then the county so voting for its adoption shall be governed by and subject to the provisions of this act on and after the first day of the meeting of the county supervisors, as hereinafter provided.

SEC. 4. [Temporary organization.]-For the purpose of temporary organization, each voting precinct shall be a township until otherwise ordered by the county board, and at the general election at which the question of adoption of township organization is submitted as aforesaid; Provided further, That in wards of cities of the first and second class whose limits are coextensive with precincts, the electors thereof shall only choose supervisors, assessors, and judges and clerks of election.

SEC. 5. [Special meeting of new board.]-In case a majority of the legal votes cast at said election shall be "for township organization," and the electors have chosen supervisors in a majority of the precincts of the county as provided in the preceding section, there shall be held a special meeting of the newly elected county board, commencing on the fifteenth day after such election, at the county seat, and when such board shall have met and organized, the power of the county commissioners of such county shall cease and their offices become vacant. At such special meeting the county board may transact such county business as may be required to be transacted before the next regular meeting of the board, and shall proceed to divide such county into towns or townships, making them conform as near as practicable to townships according to the government survey. When fractions of townships are caused by the county lines not being in accordance with the surveyed townships, then the commissioners may attach such fractions to adjoining towns when the number of inhabitants or the amount of territory in such fraction shall not be sufficient for a separate town. When a surveyed township shall have too few inhabitants for a separate organization, then such township may be added to some adjoining town, or such township may be divided between two or more towns for the time being; and when creeks or rivers so divide a township as to make it inconvenient for transacting town business, then such creek or river may be made the town boundary and the town fractions so formed may be disposed of as other fractional townships. No city or village of over one thousand inhabitants shall be included within the corporate limits of any township, but the territory occupied by such city or village of over thousand inhabitants shall constitute a town by the name of such city or village for the purpose of town meetings and organization as hereinafter provided. [The electors of each precinct may choose one supervisor, one town clerk, one town treasurer, one assessor, three judges, and two clerks of election, and one overseer of highways in each road district, and if it appears that a majority of the legal votes cast have therein the words "for township organization," the county clerk shall publish the fact, and such officers having duly qualified, shall hold their offices respectively until the next general election for township officers, and until their successors shall be elected and qualified; Provided, That at said election in precincts having more than three thousand inhabitants, there shall be elected one additional supervisor, in precincts having five thousand inhabitants, there shall be elected two additional supervisors, and for every additional two thousand inhabitants there shall be elected one additional supervisor; the population to be ascertained by the last federal or state census preceding the election. In case of a failure to elect proper town officers at said election, then such county shall not be governed by this act until the first Tuesday in January following the next general election after the adoption of township organization, and it shall be the duty of the county commissioners before said next general election to divide the county

SEO. 3. See 6 Neb. 474.

SEC. 5. The words included in [ ] at end of this section properly belong in section four after the word] "aforesaid" in line four, though it appears in enrolled bill as given above.

into townships, and name the same in the same manner as the county board are directed to do by the provisions of this section.]

SEC. 6. [Naming town.]-The county board shall designate the name of each town, and may change the name of any town upon a petition of a majority of the voters of said town, in the manner provided by law.

SEC. 7. [Same-Record.]-The county clerk shall record in a book kept for that purpose the names and boundaries of each town as designated by the county board, and shall forthwith forward an abstract thereof to the auditor of public accounts of this state, who shall make a record of the same.

SEC. 8. [First town meeting.]-The county clerk shall, at least twenty days before the first Tuesday in April, designate some central and convenient place in each town for holding of the first town meeting.

SEC. 9. [Same-Notice.]-The county clerk shall thereupon make out notices stating the time (which shall be the first Tuesday in April thereafter) and place for holding the first town meeting. Such notice shall be posted by the sheriff in some public place in said town at least fifteen days before the holding of the meeting.

SEC. 10. [Same.]--The first town meeting shall be conducted in the manner as other town meetings hereinafter provided for.

SEC. 11. [Name.]-The corporate name of each town shall be the town of (name of town), and all acts done by the town and all actions by or against the town, shall be in its corporate name.

SEC. 12. [Corporate powers.]-Every town shall have corporate capacity to exercise the powers granted thereto, or necessarily implied, and no others. It shall have power: First. To sue and be sued. Second. To acquire by purchase, gift, or devise, and to hold property, both real and personal, for the use of its inhabitants, and again to sell and convey the same. Third. To make all such contracts as may be necessary in the exercise of the powers of the town.

SEC. 13. [Powers of electors.]-The electors present at the annual town meeting shall have power: First. To make all orders for the sale, conveyance, regulation, or use of the corporate property of the town that may be deemed to be conducive to the interests of its inhabitants. Second. To take all necessary measures and give directions for the exercise of their corporate powers. Third. To provide for the institution, defense, or disposition of suits at law or in equity in which the town is interested. Fourth. To take such action as shall induce the planting and cultivation of trees along the highways in such towns, and to protect and preserve trees standing along or on highways. Fifth. To construct and keep in repair public wells and to regulate the use thereof. Sixth. To prevent the exposure or deposit of offensive or injurious substances within the limits of the town. Seventh. To make such by-laws, rules, and regulations as may be deemed necessary to carry into effect the powers herein granted, and to impose such fines and penalties, not exceeding $20.00 for one offense, as shall be deemed proper, except when a fine or penalty is already allowed by law, such fine or penalty to be imposed by any justice of the peace of the town where the offense is committed. Eighth. To direct the raising of money by taxation for the following purposes; 1st. For constructing or repairing roads and bridges within the town to the extent allowed by law. 2d. For the prosecution or defense of suits by or against the town, or in which it is interested. 3d. For any other purpose required by law. 4th. For the purpose of building or repairing bridges over streams dividing said town from any other town. 5th. For the support of the poor within the town; Provided, That when the county board of any county shall have established a poor-house under any statute law of the state, the support of the poor shall be pro

vided for by the county board, and no taxes for that purpose shall be voted by the electors at town meetings except sufficient to provide temporary relief. 6th. For the compensation of town officers at the rate allowed by law, and when no rate is fixed, for such amount as the electors may direct. Ninth. To guard against the destruction of property in said town by prairie fire. Tenth. To restrain, regulate, or prohibit the running at large of cattle, horses, mules, asses, swine, sheep, and goats, and determine when such animals may go at large, if at all; Provided, That all votes thereupon shall be by ballot. Eleventh. To authorize the distraining, impounding, and sale of cattle, horses, mules, asses, sheep, goats, and swine, for penalties incurred and costs of proceedings; Provided, That the owner of such animals shall have the right to redeem the same from the purchaser thereof at any time within one month from the day of sale, by paying the amount of the purchaser's bid, with reasonable cost for their keeping, and interest at the rate of seven per cent per annum.

SEC. 14. [Neglect to organize-Officers.]-In case any town in any county, wherein township organization has been or may be adopted, shall refuse or neglect to organize and elect town officers at the time fixed by law, it shall be the duty of the board of supervisors of the county, upon the affidavit of any freeholder, resident of said town, filed in the office of the county clerk, setting forth the facts, to proceed at any regular or special meeting of the board and appoint the necessary town officers for such town, and the persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same power and be subject to the same duties and penalties as if they had been duly chosen by the electors of the town.

SEC. 15. [Annexation of towns.]-Whenever it shall be made to appear to the board of supervisors that the town officers appointed by them or by any preceding board, as provided in the foregoing section, have failed to qualify as required by law, so that such town cannot become organized, the board of supervisors may annex such town to any adjoining town, and the said town so annexed shall thereafter form and constitute a part of such adjoining town.

SEC. 16. [Town meetings.]-The citizens of the several towns of this state, qualified by the constitution to vote at general elections, shall assemble and hold annual town meetings in their respective towns on the first Tuesday in April, at such place in such town as the electors thereof at their annual town meetings shall from time to time appoint. And notices of the time and place of holding such meeting, after the first meeting, shall be given by the town clerk by posting up written or printed notices in three of the most public places in said town, at least ten days prior to said meeting.

SEC. 17. [Powers of meeting.]-The electors of each town shall have power at their annual town meetings to elect such town officers as may be required to be chosen to direct the institution and defense of suits at law or in equity in which such town may be a party in interest; to direct such sum to be raised in such town for the support and maintenance of roads and bridges, or for any other purpose provided by law as they may deem necessary; to take measures and give directions for the exercise of their corporate powers; to impose penalties upon persons offending against any such regulations; and to make rules, regulations, and by-laws necessary to carry into effect the powers herein granted.

SEC. 18. [By-laws.]-It shall be the duty of the town clerk to cause all by laws, rules and regulations of the town, within twenty days after their adoption, to be published by posting in three public places of the town, or by inserting once in any newspaper published in the county; but all such by-laws, rules and regulations shall take effect and be in force from the date of their adoption, unless otherwise directed by the electors of the town.

SEC. 19. [Special meetings.]-Special town meetings shall be held when the supervisor, town clerk, and justice of the peace, or any two of them, together with at least twelve freeholders of the town, shall in writing file in the office of the town clerk a statement that a special meeting is necessary to the interests of the town, setting forth the objects of the meeting; and the town clerk, or in his absence the supervisor, shall post up notices in five of the most public places of the town, giving at least ten days notice of such special meeting, setting forth the objects of the meeting as contained in the statement filed as aforesaid; the place of holding special town meetings shall be at the place where the last annual town meeting was held; but in case such place may be found inconvenient, the meeting may adjourn to the nearest convenient place; Provided, That not less than one-third of the electors of a town shall constitute a quorum for the transaction of business at any special town meeting.

SEC. 20. [Same-Powers.]-The electors at special town meetings when properly convened, shall have full power to fill vacancies in any of the town offices when the same shall not already have been filled by appointment; to provide for raising money for repairing highways or buildings, or repairing bridges in case of emergency, and to direct the building or repairing thereof; to act upon any subject within the power of the electors at any annual town meeting which was postponed at the preceding annual town meeting, for want of time, to be considered at a future special town meeting, but special town meetings shall have no power to act upon any subject not embraced in the statement and notice calling the

same.

SEC. 21. [Conduct of meeting.]-The electors present at any time between the hours of nine and ten o'clock in the forenoon of the day on which there is an annual or a special town meeting shall be called to order by the town clerk if present; if not present, then the voters may elect by acclamation one of their number chairman; they shall then proceed to choose one of their number to act as moderator of such town meeting.

SEC. 22. [Oath of moderator.]-Before the moderator of any town meeting shall enter upon the duties of his office, he shall take an oath faithfully and impartially to discharge the duties of such office, such oath to be administered by the town clerk or other proper officer.

SEC. 23. [Clerk.]-The town clerk last before elected or appointed shall be the clerk of the town meeting, and shall keep faithfully minutes of its proceedings, in which he shall enter at length every order or direction and all rules or regulations made by such meeting, and the same shall be signed by himself and the moderator.

SEC. 24, [Same.]-If the town clerk be absent, then some other suitable person shall be chosen by the electors present and shall act as clerk of the meeting.

SEC. 25. [Voting.]-All questions upon motions made at town meetings shall be determined by a majority of the electors voting and the presiding officer shall ascertain and declare the result of the votes upon each question.

SEC. 26. [Same.]--When the result of any vote shall upon such declaration be questioned by one or more of the electors present, the moderator shall make the vote certain by causing the voters to rise and be counted, or by dividing off.

SEC. 27. [Qualifications of voters.]—No person shall be a voter at any town meeting unless he shall be qualified to vote at general elections and has been for the last ten days a resident of the town wherein he shall offer to vote.

SEC. 28. [Same-Challenge.]-If any person offering to vote at any election, or upon any question arising at such town meeting, shall be challenged as an unqualified voter, the presiding officer shall proceed thereupon in like manner as the judges of general elections are required to do, adapting the oath to the cir