Imágenes de páginas
PDF
EPUB

by law to administer oaths, and return the same by mail to the superintendent without delay.

SEC. 5. [Blank forms-Neglect of enumerators.]-Upon the reception of such oath the superintendent shall forward to each enumerator a sufficient number of blanks, forms and schedules, with instructions for the taking of the census in his district, as provided in section two. Should any enumerator at first appointment fail to qualify and return the oath to the superintendent on or before the tenth day of May, the superintendent shall at once thereafter appoint some other suitable person, who shall qualify as hereinbefore provided, and be furnished with blank forms, schedules and instructions for the taking of the census in this (that) district. Should there be any enumeration district which shall not contain any person qualified to perform, and willing to undertake the duties of enumerator, the superintendent may appoint any fit person resident of the county to be the enumerator of that district.

SEC. 6. [Census taken.]-The enumerator (tion) provided for by this act shall commence on the first day of June, and be taken as of that date, and each enumerator shall prosecute the canvass of his subdivision from that date forward on each week day without intermission, except for sickness or other urgent cause, and any unnecessary cessation of his work shall be sufficient ground for his removal and the appointment of another person, by the superintendent, in his place. And it shall be the duty of each enumerator to complete the enumeration of his district, and to prepare the returns required to be made, and to forward the same to the superintendent as soon as completed, and on or before the first day of July following, and in any city having over 10,000 inhabitants under the census of 1880 the enumeration shall be taken within two weeks from the first day of June; and any delay beyond the dates above respectively, on the part of any enumerator, shall be sufficient cause for witholding the compensation to which he would be entitled by compliance with the provisions of this act, until proof satisfactory to the superintendent shall be furnished that such delay was by reason of causes beyond the control of such enumerator.

SEC. 7. Duty of superintendent.]-It shall be the duty of the superintendent, upon the reception of returns from enumerators, to carefully examine and scrutinize the same, in order to ascertain whether the work has been performed in all respects in compliance with the provisions of law, and in compliance with the requirements of the act of congress for the taking of the census of 1880, and whether any town or village or any integral portion of the district has been omitted from the enumeration, and in event of discrepancies or deficiencies appearing in any return, to use all diligence in causing the same to be corrected or supplied. It shall also be the duty of the superintendent at all times during the taking of the census to advise with and counsel enumerators in person and by letter as freely and as fully as may be required to secure a correct and accurate census, to provide each enumerator with forms, schedules and instructions, and for the early and safe transmission to his office of the returns of enumerators, embracing all schedules filled by them in course of such enumeration, and for the due receipt and custody of the returns of enumerators, during the work herein provided for.

SEC. 8. Copy of returns for United States.]-It shall be the duty of the superintendent as fast as returns are received, after examination as provided in the preceding section, to cause a full and complete copy of each schedule returned and report made by enumerators to be prepared, properly authenticate the same under his hand, properly arrange and classify them by counties and cause the same, together with a certified copy of the oath taken by each enumerator, to be deposited with the secretary of the interior of the United States on or before the first day of September following, and procure from the secretary of the interior the certificate provided for in section twenty-two of the act of congress for the taking of the tenth census of the United States, approved March 3, 1879 and

deliver said certificate to the governor. Upon the reception of such certificate the governor shall make a demand upon the treasurer of the United States for the amount which the state is entitled to receive under said act of congress, and when such demand is paid, to pay the amount received into the state treasury.

SEC 9. [Compiling returns.]-It shall also be the duty of the superintendent to compile the returns received by enumerators, arrange them in suitable tables and deliver the same to the governor, who shall incorporate such tables in his next biennial message. The original returns of enumerators and other original reports shall be deposited in the office of the secretary of state.

SEC. 10. [Pay of enumerators.]-Each enumerator shall receive compensation at the same rates allowed by the United States for taking the census of 1880, to-wit; two cents for each living inhabitant, two cents for each death reported, ten cents for each farm, and fifteen cents for each establishment of productive industry enumerated and returned. Provided, That the districts west of the 99th meridian and the counties of Holt, Wheeler, Garfield, and Greeley, the enumerator shall receive three (3) cents for each living inhabitant, fifteen (15) cents for each farm, eighteen (18) cents for each establishment of productive industry, and three (3) cents for each death reported and returned, which shall be full compensation for all services. Accounts thereof shall be made out, certified as correct by the superintendent, approved by the secretary of state and paid by warrant of the auditor in the same manner as other accounts against the state are paid.

SEC. 11. [Clerks.]—The superintendent shall employ two clerks at a salary of one hundred dollars each per month for the period of six months, and such number of competent clerks between the first day of July and the first day of September, not exceeding fifteen, at a salary of three dollars per day for each day necessarily employed, as will enable him to perform the duties devolved upon him by this act, and to insure a full, complete and accurate census in accordance with the requirements of the act of congress for the taking of the census of 1880. The employes herein provided for shall be paid as other employes of the state are paid, vouchers therefor to be approved by the superintendent.

SEC. 12. [Printing.]—A contract for the printing of all forms, schedules, reports, and returns required and necessary stationery, shall be let by the state printing board to the lowest responsible bidder, after having been duly advertised for at least two weeks in one newspaper published in each of the cities of Lincoln, Omaha, Grand Island and Hastings, such contract to be let as soon as possible after the taking effect of this act, and accounts therefor paid out of money hereinafter appropriated.

SEC. 13. [Neglect by enumerator-Penalty.]-Any enumerator who, having taken and subscribed the oath required by this act, shall without justifiable excuse neglect or refuse to perform the duties required of him as such enumerator, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding two hundred dollars; or if he shall willfully or knowingly swear or affirm falsely, he shall be deemed guilty of perjury, and on conviction thereof be imprisoned in the penitentiary not exceeding two years; or if he shall willfully and knowingly make false certificates or fictitious returns he shall on conviction be punished by imprisonment in the penitentiary not exceeding one year.

SEC. 14. [Duty of Persons.]-Each and every person more than twenty years of age belonging to any family residing in any enumeration district, and in case of the absence of the heads and other members of such family, then any agent of such family shall be, and each of them hereby is required, if thereto requested by the enumerator, to render a true account according to the best of his or her knowledge of each person belonging to such family, and answer all other questions put by the enumerator, according to the best of his or her knowledge, in the various particulars required by law; and whoever

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. 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."

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 the land 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.

[ocr errors]

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

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

« AnteriorContinuar »