state not otherwise appropriated; and should any officer, whose duty it is under the provisions of this act, to take or cause to be taken, the various classes of information provided for in this act, fail, neglect, or refuse to perform any of the aforesaid duties, he shall upon proof and conviction thereof, forfeit and pay a sum not less than one hundred dollars, nor more than five hundred dollars, and it is hereby made the duty of the district attorney in each judicial district of this state, to make diligent inquiry at the county seat of each county within their respective judicial districts as to whether any officer herein named has neglected or failed to perform the duties herein assigned to him, and in case any such neglect or failure appear he shall cause the said party or parties so offending to be pr cuted and punished without unnecessary delay. [Amended 1875. 66.]

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 became 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

*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. In determining the bona fides of a chattel mortgage it is immaterial what the assignee of the mortgagee paid for it. 2 Neb. 253. When on default the mortgagee took possession of the property, and on the same day the owner of a judgment against him levied thereon, held, that an injunction would not lie at the instance of the mortgagee restraining a sale under the levy. 4 Neb. 373. When bill of sale treated as a chattel mortgage, 10 Neb. 334. For other provisions relative to chattel mortgages see Frauds. See also 3 Neb. 131. 8 Id. 373.

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, or shall remove, permit, or cause to be removed, said mortgaged property, or any part thereof, out of the county within which such property was at the time such mortgage was given on it, with intent to deprive the mortgagee of his security, without first obtaining the consent in writing of the mortgagee of such property to such removal, 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.]

CHAPTER 13.-CITIES OF THE FIRST CLASS.

SECTION 1. [Cities of the first class.]-That all cities now governed as cities of the first class, and all cities of more than twenty-five thousand inhabitants, shall be governed by the provisions of this act. [1881 § 1, chap. 17.]

SEC. 2. [Population.]-Whenever any city shall hereafter have attained a population of more than twenty-five thousand inhabitants, and such fact shall have been duly ascertained and certified to the governor by the mayor of such city, he shall declare by public proclamation such city subject to the provisions of

this act.

SEC. 3. [Corporate limits.]—The corporate limits of any city heretofore incorporated and subject to the provisions of this act shall remain as heretofore, except as changed in accordance with the provisions of the following section.

SEC. 4. [Additions to city.]-The proprietor or proprietors of any land within the corporate limits of a city of the first class, or adjoining and contiguous to the same, may lay out said land into lots, blocks, streets, avenues, alleys and other grounds under the 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 the streets, avenues, and other grounds by names 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, and said surveyor shall certify 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 equivalent to a deed in fee simple to said city from the proprietor or proprietors of all streets, avenues, alleys, public squares, parks, and commons, and of such portion of

SEC. 1.-107. "An act for an act to incorporate cities of the first class, and regulating their duties, powers and government," approved and took effect March 1, 1881. The act of incorporation must be accepted as whole. The city in accepting its benefits must perform the duties required. 5 Neb. 446.

the lan 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 within the said corporate limite shall remain a part of such city; and all additions now or hereafter laid out adjoining and 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 said land is an addition; Provided, The mayor and council shall have power by ordinance to compel the owners of any such additions to lay out streets, avenues and alleys, so as to have the same correspond in width and direction and be continuations of the streets, avenues, and alleys in the city or in addition thereto, contiguous to or near the proposed addition; and no addition shall have any validity, rights, or privileges as an addition unless the terms and conditions of such ordinance are complied with, and the plat thereof shall have been submitted to and approved by the mayor and council and such approval endorsed thereon.

SEC. 5. [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. 6. [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. 7. [General power.]-Each city governed by the provisions of this act shall be a body corporate and politic, and shall have powers: 1st. To sue and be sued. 2d. To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. 3d. 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. 4th. 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. 5th. 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.

SEC. 8. [Wards.]-Each city governed by this act shall be divided into six wards, the boundaries of which shall be defined by ordinance. Said wards shall be equal in population, as near as may be, and in all cities of the first class heretofore incorporated wherein existing wards are not equal in respect to population, the council of such cities shall, within thirty days after this act shall take effect, re-district said cities into six wards, equal as near as may be in population. Each ward shall constitute an election district; Provided, That when any ward shall contain over five hundred legal voters, the mayor and council may by ordinance divide such ward into two election districts.

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

SEC. 10. [Voting-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 of 8 o'clock A. M., and 7 o'clock P. M., and no longer.

SEC. 11. [Elections -Officers.-The general city election in all cities

governed by this act shall be held on the first Tuesday in April, 1881, and every two years thereafter, for the election of the following named officers, to wit: mayor, police judge and treasurer. Each of said officers shall be elected by a plurality of votes, for the term of two years, commencing on the first Tuesday succeeding their election, and they shall hold their respective offices until their successors are elected and qualified. At the first meeting of the council, after its organization, they shall elect a city clerk, who shall hold his office for the term of one year, and until his successor is elected and qualified. A city marshal, a city engineer, a city attorney, a street commissioner, and a chief of the fire department shall be appointed, and may be removed, by the mayor by and with consent of a majority of the entire council.

SEC. 12. [Councilmen-Qualifications and bonds.]-The council of each city governed by this act, shall consist of twelve members, who shall be qualified electors of said city, and shall be actual and bona fide owners of real estate therein. Each councilman shall be required, before entering upon the duties of his office, to give a bond to said city for the faithful discharge of his duties, in the sum of two thousand dollars. Such bond shall be filed with and be approved by the mayor.

SEC. 13. [Same-Elections-Term of office.]-In cities now incorporated and governed as cities of the first class, the qualified voters of the city at the annual city election to be held in 1881, and every two years thereafter, shall, by a plurality of votes of the entire city, elect six councilmen to be designated councilmen at large, who shall serve for the term of two years. In such cities at the annual city election to be held in 1881, the qualified voters of each ward shall elect one councilman to be designated councilman from the ward, who shall serve for the term of one year. At the annual city election to be held in. 1882, and every two years thereafter, the qualified voters of each ward shall elect one Councilman who shall serve for the term of two years. The six councilmen at large and the six ward councilmen 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 commence the Tuesday 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 first 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 of votes.]-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 annual 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 city office unless he is a qualified voter in the city at the time of his election or appointment.

SEC. 15. [Powers of council.]-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 any and all ordinances not repugnant to the constitution and laws of this state, and such ordinances to alter, modify, or repeal, and shall have power,-

1st. License.]-To levy and collect a license tax on runners, hawkers, peddlers, liquor sellers, pawn-brokers, shows, theatres, and exhibitions for pay, billiard tables, ball and ten-pin alleys, without regard to the number of pins used, hacks, drays or other vehicles used for pay within the city, and may prescribe the compensation for the use of said hacks, drays and other vehicles.

2nd. (Travelers.-To adopt all such measures as they may deem necess

ary for the accommodation and protection of strangers and the traveling public in person and property.

3rd. [Disorderly houses, gaming etc.]-To restrain, prohibit and suppress tippling shops, houses of prostitution, and other disorderly houses and practices, all games and gambling, and desecrations of the Sabbath, (commonly called Sunday) and all kinds of indecencies; also to regulate and license, or prohibit, the keeping and use of billiard tables, ten-pins or ball alleys, shooting galleries, and other similar places of amusements; and to prohibit and suppress, by ordinance, all lotteries and gift enterprises of all kinds under whatsoever name carried on.

4th. [Contagious diseases.]—They shall have power to make regulations to prevent the introduction of contagious, infectious, or malignant diseases into the city; to create a board of health; to make quarantine laws and enforce the same within the corporate limits, or within three miles thereof.

5th. [Public buildings.]-To erect, establish, maintain, and regulate hospitals, work-houses, houses of correction, jails, station houses, and other necessary buildings.

6th. [Health-Nuisances.]—To make regulations to secure the general health of the city, to provide for the prevention, abatement and removal of nuisances, to make and prescribe regulations for the location, construction, and keeping in order all slaughter houses, stock yards, warehouses, stables, or other places where offensive matter is kept or is liable to accumulate, whether within the corporate limits or within three miles thereof.

7th. [Police.]-To establish, regulate, and support night watch and police, and to define the duties thereof.

8th. [Light streets-Gas.]-To provide for the lighting of streets, laying down of gas-pipes and erection of lamp-posts, and to regulate the sale of gas, and rent of gas-metres within the city.

9th. [Regulate weights and measures.]-To regulate the weighing and measuring of hay, wood, and other articles exposed for sale, and of all coal sold or delivered within the city.

10th. [Public library.]—To establish and maintain public libraries and reading rooms, to purchase books, papers, maps and manuscripts therefor; and to receive donations and bequests of money or property for the same in trust or otherwise. They may also pass necessary by-laws and regulations for the protection and government of the same.

11th. [Markets-Protect property-Streams.]-To erect and establish market houses, and make market places, and to provide for the erection of all other useful and necessary buildings for the use of the city, and for the protection and safety of all property owned by the city; to provide for the safety and protection of private property where damages are likely to occur by the action of the elements or through the carelessness or negligence of any servant or officer of the city; and to establish, alter and change the channels of streams and water courses within the city and bridge the same: Provided, That any such improvement costing in the aggregate a sum greater than five thousand dollars shall not be authorized until the ordinance providing therefor shall be first submitted to, and ratified by, a majority of the legal voters of such city voting thereon.

12th. [Census.]-To provide for and cause to be taken an enumeration of the inhabitants of the city.

13th. [Elections.]-To provide by ordinance for the election of city officers, and prescribe the manner of conducting the same, and the returns thereof and the registration thereof; and for deciding contested elections in any manner not in conflict with existing laws.

14th. [Removal of officers-Agents.]-To provide for removing officers of the city for misconduct, and to create any office or employ any agent they may deem necessary for the government and best interests of the city.

15th. [Fines.]-To regulate the police of the city, and impose fines, forfeit