CHAPTER 21. AN ACT to amend section seventy (70) of chapter fourteen (14) of the Compiled Statutes of Nebraska, entitled "Cities of the second class and villages," as amended by section one (1) of an act entitled "An act to amend section seventy (70) of chapter fourteen (14) of the Compiled Statutes of Nebraska," entitled "Cities of the second class and villages," approved March 1st, 1883, and to repeal the sections herein amended. Be it enacted by the Legislature of the State of SECTION 1. That section seventy (70) of chapter fourteen (14) of the compiled statutes of Nebraska, entitled "cities of the second class and villages," as amended by section one (1) of an act entitled "An act to amend section seventy (70) of chapter fourteen (14) of the compiled statutes of Nebraska," entitled cities of the second class and villages," approved March 1st, 1883, be amended so as to read as follows: streets. SEC. 70. Each city and village governed by Work on this chapter is hereby empowered to provide that every male inhabitant of the corporation between the ages of twenty-one and fifty years shall, between the first day of April and the first day of November of each year either by themselves or satisfactory substitutes, perform two days labor upon the streets, alleys or highways within such corporation at such times and places as the proper officers may direct and upon three days notice in writing being given, Provided, That all persons so notified may commute the labor so required by the payment of three dollars to the proper officers of such city or village as may be provided by ordinance and the funds arising under this section shall be expended by the city or village authorities in the repairs and maintenance of the streets, alleys, and highways in said city or village. They may provide further that for each day's failure to attend and perform the labor as required at the time and place specified, the delinquent shall forfeit and pay to the corporation any sum not exceeding one dollar for each day's delinquency. The amount so due for labor tax to the amount of three dollars upon failure to labor or commute as above required shall be treated and collected as taxes on property and the same shall be a lien on all the property of such person that may be listed and assessed for taxation for that year, and the council or trustees of such city or village shall at the time provided by law cause to be certified to the county clerk the amount due from each individual as aforesaid and the said clerk shall place the same on the proper tax lists to be collected in the manner provided by law for the collection of state and county taxes in the county where such city or village is situated, and the certificate of the city or village clerk that the person named therein has performed the labor or commuted as herein required shall be received by the county treasurer in discharge of the amount due from such persons. All moneys collected by the county treasurer under this section shall be paid over to the treasurer of the city or village wherein the same was levied and assessed. Comp. Stat., 119. SEC. 2. That section seventy (70) of chapter Acts repealed. fourteen (14) of the compiled statutes of Ne-1883, 115. braska, entitled Cities of the second class and villages as amended by section one (1) of an act entitled "An act to amend section seventy (70) of chapter fourteen (14) of the compiled statutes of Nebraska, entitled "Cities of the second class and villages," approved March 1st, 1883, and all acts and parts of acts inconsistent with this act are hereby repealed. SEC. 3. An emergency existing this act shall take effect and be in force from and after its passage. Approved February 26th, A. D., 1885. CHAPTER 22. AN ACT to amend section 49 of chapter 11 of the General Be it enacted by the Legislature of the State of estate for cem poses. SECTION 1. That section forty-nine of chap- May hold real ter eleven of the general statutes, entitled "Cor- etery purporations," be amended so as to read as follows: SEC. 49. Such association shall be authorized to purchase or take, by gift or devise, and hold lands exempt from execution and from any ap Act repealed. propriation to public purchasers, for the sole purpose of a cemetery, not exceeding three hundred and twenty (320) acres which shall be exempt from taxation if used exclusively for burial purposes, and in no wise with a view to profit. After paying for such land, all the future receipts and income of such association, whether from the sale of lots, from donations, or otherwise, shall be applied exclusively to buying out, protecting, preserving and embellishing the cemetery and the avenues leading thereto, and to the erection of such building or buildings, vault or vaults as may be necessary for the cemetery purposes, and to paying the necessary expenses of the association. No debts shall be contracted in the anticipation of future receipts except for originally purchasing, laying out, inclosing and embellishing the grounds and avenues and erecting buildings and vaults for which a debt or debts may be contracted, not exceeding thirty-five thousand ($35,000) dollars in the whole to be paid out of future receipts; and such association shall have power to adopt such rules and regulations as they deem expedient for disposing of and conveying burial lots. SEC. 2. That section 49 of chapter 16 of the Gen. Stat., 176. compiled statutes of Nebraska of 1881, entitled "Corporations" is hereby repealed. Comp. Stat., 140. Approved, March 5th, A. D. 1885. CHAPTER 23. AN ACT to regulate the admission of Foreign Surety Companies to do business in this State. Be it enacted by the Legislature of the State of business. SECTION 1. That any surety company, incor- May transact porated and organized under the laws of any state of the United States other than the state of Nebraska, for the purpose of transacting business as surety on obligations of persons or corporations, may transact such business in this state upon complying with the provisions of this act, and not otherwise. SEC. 2. No surety company not incorporat- Foreign comed under the authority of this state, shall di- have attorney. rectly or indirectly take risks or transact business in this state until it shall have first appointed, in writing, the auditor of public accounts of this state to be the true and lawful attorney of such company in and for this state, upon whom all lawful process in any action or proceeding against the company may be served with the same effect as if the company existed in this state. Said power of attorney shall stipulate and agree on the part of the company that any lawful process against the company which is served on said attorney shall be of the same legal force and validity as if served on the company, and that the authority shall continue in force so long as any liability remains outstanding against the company in this state. |