power neccessary to the performance of his duties; he shall bring parties to trial without unneccessary delay; he may upon good cause shown, postpone the trial from time to time and secure the presence of the defendant by recognizance or otherwise. In all cases not herein specially provided for, the process and proceedings in the police court shall be governed by the laws regulating proceedings in justice's courts in criminal cases. Whenever a clerk shall be provided for the police court by ordinance, such clerk shall be authorized to administer oaths, issue warrants, subpoenas, and all other process that may be necessary, and take and approve bail in all bailable cases. [Amd. 1893, chap. 3, $ 30.]

SEC. 159. [Costs and fees.]-The police judge shall tax and collect the same fees and costs as are allowed a justice of the peace for similar services. Witnesses shall receive the sum of one dollar ($1) for each day's attendance. In no case shall the city be liable to pay any costs or fees in cases in the police court, and all fines, fees, and costs taxed and collected by the police judge shall be paid into the city treasury at the end of each week, accompanied by a full and accurate statement of all fines, fees, and costs taxed and collected or taxed and uncollected. All witness fees remaining unclaimed for ninety days after the same shall have been collected by the police judge shall be forfeited to the city, and shall be paid to the city treasurer by the police judge who shall report at the end of each week to the city council all witness fees collected by him and in his possession. The police judge shall be liable upon his official bond for the prompt payment, as required by this act, of all fines, fees, and costs collected by him; Provided, That when a clerk of the police court is provided for by ordinance, such clerk shall make the collections, payments, and reports herein required with like liability as the police judge. [Amd. 1893, chap. 3, § 31.]

SEC. 160. [Police judge-Vacancy.]-In case of vacancy in the office of police judge, by death, resignation or otherwise, or in case of his absence, disability or inability to preform his duty, it shall be the duty of any acting justice of the peace within the city, who shall be designated by the mayor in writing, to act as police judge during such vacancy, absence or inability, in the trial of causes cognizable before the said judge.

SEC. 161. [Remission of fines.]-The police judge shall remit no fine or costs in any case. The mayor and council may provide by ordinance, the manner 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 or the laws of the state. [Amd. 1893, chap. 3, § 32.]

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 shalt 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 exempt from taxation, execution, and sale. Judgments against such city shall be paid out of the judgment fund or when a special fund is created for such purpose, out of such special fund. [Amd. 1893, chap. 3, § 33.]

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 and no more directly or indirectly, to-wit: 1st. The mayor shall receive the sum of twenty-five hundred ($2,500) dollars per annum, for services as mayor, and as member of the board of fire and police commissioners the same compensation as other members of such board. 2d. The police judge shall receive a salary of twenty-five hundred ($2,500) dollars per annum. 3d. The treasurer shall receive a salary of six thousand ($6,000) dollars per annum. 4th. The comptroller shall receive the sum of twenty-five hundred ($2,500) dollars per annum. 5th. The chief of police shall receive the sum of two thousand ($2,000) dollars per annum. 6th. The city clerk shall receive the sum of twenty-five hundred ($2,500) dollars per annum. 7th. The city attorney shall receive the sum of three thousand ($3,000) dollars per annum. 8th. The assistant city attorney shall receive the sum of two thousand ($2,000) dollars per annum. 9th. The city prosecutor shall receive a salary of fifteen hundred ($1,500) dollars per annum. 10th. The city engineer shall receive the sum of three thousand ($3,000) dollars per annum. 11th. The assistant city engineer shall receive the sum of two thousand ($2,000) dollars per annum. 12th. The chairman of the board of public work shall receive the sum of twenty-five hundred ($2,500) dollars per annum. 13th. The inspector of buildings shall receive the sum of two thousand ($2,000) dollars per annum. 14th. The commissioner of health shall receive the salary of two thousand ($2,000) dollars per annum. 15th. The boiler inspector shall receive the sum of fifteen hundred ($1,500) dollars der annum. 16th. The commissioners of fire and police shall each receive a salary of six hundred ($600) dollars per annum, and no more either directly or indirectly. 17th. The chairman of the board of park commissioners shall receive a salary of six hundred ($600) dollars per annum, and the other members of said board the sum of two hundred ($200) dollars each per annum. 18th. Each policemen shall receive a sum not exceeding eighty-five ($85) dollars per month nor less than seventy ($70) 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 the board of fire and police commissioners. No policeman shall be allowed fees as a witness in any case tried in any court of the state. 19th. Each councilman shall receive the sum of 20th. The street commissioner as a mem

eight hundred ($800) dollars per annum. ber of the board of public works shall receive the sum of two thousand ($2,000) dollars per annum. 21st. The sewer commissioner as a member of the board of public works shall receive the sum of two thousand ($2,000) dollars per annum. 1893, chap. 3, § 34.]

Amended

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 therefore, 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 con

SEC. 167.-Cited 22, Neb. 464.

viction 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 eity 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.

SEC. 174. [Sale of property.]-That all personal property which may now be or which may hereafter come into the possession and custody of the chief of police or of the police judge in cities of the metropolitan class, and which shall remain unclaimed for the period of six (6) months after the passage of this act, or which may remain unclaimed for the period of six (6) months after such property may hereafter come into the possession and custody of such chief of police or such police judge, shall be sold by the chief of police of such city at public auction after giving thirty (30) days notice thereof, by advertisement published three consecutive days in the official newspaper of such city. [1889, Chap. 18.]

SEC. 175. [Police relief fund.]-The board of fire and police commissioners in any city, considered and known as a city of the metropolitan class, is hereby

SEC. 172. Section applies to officers removable only upon charges. 35 Neb,, 322. Does not apply to fire und police commissioners, Id., 14.

SEC. 173. Repealed sections 1-107, Chap. 13, Compiled Statutes, 1881 and 1885,

SEC. 174.-"An act to provide for the sale of unclaimed personal property in the custody of the chief of police or of the police judge in cities of the metropolitan class." Passed and took effect Mar. 30, 1889. Laws 1889, chap. 18. SECS. 175-179. "An act to provide for the setting apart, formation and disbursement of a police relief fund in cities of the metropolitan class." Passed and took effect Mar. 30, 1889. Laws 1889, chap. 17.

authorized to create a police relief fund by assessing upon each member of the police force a sum to be deducted from the monthly pay of each member, not exceeding one per centum thereof, and the sum so fixed and deducted shall be paid into the city treasury to the credit of the police relief fund, and shall be used exclusively to relieve members of the force when sick or disabled from the performance of duty, for funeral expenses, relief of their families in case of death, or for pensions when honorably retired from the force. [1889, § 1, chap. 17.]

SEC. 176. [Same-Investment.]-(First) All moneys received from fines imposed upon members of the police force of such city for violation of the rules and regulations of the police department; (second) one-fourth of all rewards given or paid to members of the police force of such city, except such as shall be excepted by said board, and (third) all moneys arising from the sale of unclaimed property or money, after deducting all expenses incident thereto, shall be paid into the city treasury to the credit of the police relief fund, and the fire and police commissioners shall be trustees of the fund and shall invest the same from time to time, when there is a surplus, in United States bonds, bonds of the State of Nebraska, bonds of such city or bonds of the county in which such city is located. Provided, however, That it shall be the duty of said city treasurer to deposit and keep at interest so much of said police fund as may not be invested as aforesaid, in such bank in such city as may be designated by the board of directors of the police relief fund, hereinafter mentioned, and approved by the board of fire and police commissioners. [Id. § 2.]

SEC. 177. [Board of directors.]-The members of the police force of the city shall make such rules and regulations as to the disbursement of the police relief fund to the members as they may deem proper, such rules and regulations to be approved by the board of fire and police commissioners. And the members of the police force, each having one vote, shall elect annually, on the first Wednesday after the first day of April in each year, a board of seven members from their own number, to be known as the board of directors of the police relief fund, to whom shall be entrusted the entire management of the fund and its disbursements, subject to the approval of the board of fire and police commissioners as herein provided. [Id. § 3.]

SEC. 178. [Same-Officers-Payments.]-The board of directors shall organize, electing a president and secretary, and no payment of any money shall be made from the relief fund, save for investment by the trustees, except upon the order of the board of directors, signed by the president, countersigned by the secretary, and approved by the board of fire and police commissioners. Members who have resigned, or have been dismissed from the force, shall have no interest in or claim on such fund, and members who are honorably retired from the force shall have only such interest in the fund as may be fixed in the rules and regulations in relation to the fund by the board of directors, and approved by the board of fire and police commissioners. [Id. § 4.]

SEC. 179. [Disabilities of police.]-When a patrolman or any officer of a higher grade on the active force becomes bodily disabled in consequence of and while in the performance of official duty, he may continue to draw his regular salary, at the discretion of the board of fire and police commissioners, for a period not to exceed three months. If such disability, incurred in consequence of and while in performance of official duty, shall appear to be of such a character as to permanently unfit such member of active duty upon the police force, he shall, upon the recommendation of the mayor and approval of the board of fire and police commissioners, be retired and shall be allowed out of the police relief fund a pension of ten dollars ($10) per month, to be paid monthly. But if any member of the force, on recovery from such disability, be assigned to duty and full pay, his pensions shall cease. Patrolmen and officers of a higher grade, who have done faithful service, and have been disabled so as to unfit them for serving for patrolman or as such officers may be assigned to other duties suitable to their physical abilities, and shall always have preference in such assignments. When such member of the force in consequence of such partial dis

ability, has been assigned to any position having a rate of compensation lower than the one to which such member was entitled, previous to his disability, such assignment shall not exclude him from receiving a pension or terminate the pension which may have been awarded him. The pension herein provided for shall be aside from and in addition to any allowance which may come from the police relief fund provided for above. Any patrolman or officer of a higher grade who has served faithfully for a period of fifteen years from and after the passage of this act, and who has reached the age of fifty years, may on retirement from active service, on the recommendation of the mayor and the approval of the board of fire and police commissioners, be allowed a pension of ten dollars ($10) per month, to be paid as provided above for pensions on account of disability. [Id. § 5.]