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she be alone and friendless, then to such person as said judge may appoint to act as guardian for the purposes of the case, requiring him or her to appear at a time or [and] place stated in said order, to show cause why said boy or girl should not be committed to the reform school for reformation and instruction.
SEC. 7. [Service of order.]-Said order shall be served by the sheriff or other officer, by delivering a copy thereof, personally, to the party to whom it is addressed, or leaving it with some person of full age at the place of residence or business of said party, and immediate return shall be made to the said judge of the time and manner of such service. The fees of the sheriff or other officer under this chapter, shall be the same as now allowed by law for like services.
SEC. 8. Examination.]—At the time and place mentioned in said order, or at the time and place to which it may be adjourned, if the parent or guardian to whom said order may be addressed shall appear, then in his or her presance, or if he or she fail to appear, then in the presence of some suitable person whom the said judge shall appoint as guardian for the purposes of the case, it shall and may be lawful for the said judge to proceed to take the voluntary examination of said boy or girl, and to hear the statements of the party appearing for him or her and such testimony in relation to the case as may be produced, and if upon such examination and hearing the said judge shall be satisfied that the boy or girl is a fit subject for the state reform school, he may commit him or her to said school by warrant.
SEC. 9. [Warrant of commitment.-The judge shall certify in the warrant the place in which the boy or girl resided at the time of his or her arrest, also his or her age, as near as can be ascertained, and command the said officer to take the said boy or girl and deliver him or her without delay to the superintendent of said school, or other person in charge thereof, at the place where the same is established; and such certificate, for the purpose of this act, shall be conclusive evidence of his or her residence or age. Accompanying this warrant, the judge shall transmit to the superintendent by the officer executing it, a statement of the nature of the complaint, together with such other particulars concerning the boy or girl as the judge is able to ascertain; Provided, The expense of conveying any boy or girl so committed to said reform school, or of returning them to their parent or guardian after their release therefrom, shall be at the expense of the state.
SEC. 10. [Writs of error.]--The proceedings before any judge of the county court may be reviewed on writ of error by the district court and proceedings before any district court or judge thereof may be reviewed by the supreme court in the manner provided by law for the review of other criminal cases in those courts.
SEC. 11. [Term of commitment.-Every boy or girl committed to the reform school shall remain until he or she shall arrive at the age of majority or is reformed or legally discharged. The discharge of any boy or girl so reformed or having arrived at the age of majority, shall be a complete release of all penalties incurred by conviction of the offense for which he or she was committed.
SEC. 12. [Penalty for assisting escapes.]-Every person who unlawfully aids or assists any boy or girl lawfully committed, in escaping or attempting to escape therefrom, or knowingly conceal said boy or girl after his or her escape, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the state penitentiary not exceeding three years.
SEC. 13. [Repealed all parts of act of 1879, 413, inconsistent with this act.]
SEC. 14. [Emergency clause.]
CHAPTER 76.-REGISTRATION OF VOTERS.
SECTION 1. [Registrars-Appointment-Fees.]-That in cities of the first class and in those cities mentioned in section twenty there shall be appointed
NOTE. "An act to provide for the registration of voters in cities of the first class and certain cities of the second class." Took effect reb. 27, 1873. G. S. 885.
by the mayor (subject to confirmation by the city council) from among the legal voters of such city one registrar for each voting ward, or precinct, or polling place therein, whose duty it shall be to register the names of all persons who shall claim to be entitled to the elective franchise, resident within each voting ward, or precinct, in such cities, in manner herein prescribed, and the said registrar shall receive for his services a sum not exceeding seventy-five dollars ($75.00) per year. Each officer of registration shall, before he enters upon the duties of his office, take and subscribe the usual oath of office prescribed for state officers, and subscribe the same in the book of registration for his election district. [Amended 1883, chap. LXVI.]
SEC. 2. [Registrar's books.]-That the city council of such cities shall cause to be prepared books of registration of names and facts required by this act, said books to be furnished by said city council to each registrar of such city provided for in the first section of this act, the expense thereof to be paid by the city in which such voting district may be situated; said books shall be so arranged as to admit of alphabetical classification of the names, and ruled in parallel columns, on which shall be entered: First. The name of the person registered. Second. Sworn. Third. His age. Fourth. The place of his birth. Fifth. The time of his residence in the district, county, and state. Sixth. If naturalized, the date of his papers, and the court by which issued. Seventh. His qualifications. Eighth. Qualified voter. The place of the residence of the registered voter in the ward or polling district shall be designated by the number of the street if the place of his residence have a number, it not numbered, then such a description of the place as will best identify his residence.-[Id.]
SEC. 3. Registrar's oath-Duties.]-Said officers of registration shall register the name of every person resident in such election district, whom he knows to be a qualified voter, and entitled to registration, or who presents himself for that purpose, and after recording the surname and christian name, shall administer to the person so presenting himself the following oath, to wit:
"You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you, touching your place of residence, your qualifications as an elector, and your right to registration.as such."
And enter in the proper column the facts whether such person has, or has not been sworn, the age of such person, the place of his birth, the time he has resided in the state, county, and voting district in which he seeks to be registered; if naturalized the date of his papers, and the court, state, and county where issued; if disqualified, the cause, or reason of disqualification, whether non-residence, non-age, alienage, lunacy, or non-compos-mentis, disloyalty, or bribery, the names of qualified voters, omitting from the column for that purpose the names of disqualified persons, and inserting in lieu thereof the names of one or more witnesses by whom the disqualification was proven.
SEC. 4. [Same.]-It shall be the duty of the officer of registration, before entering any name in the column of voters, to diligently inquire, and ascertain that none of the aforesaid causes of disqualification exist; and unless he shall become satisfied that none of the aforesaid causes of disqualification exist, he shall not enter his name as a voter in said eighth (8th) column, or registrar of qualified voters, but shall carefully exclude it therefrom.
SEC. 5. [Alien born citizens,]-The officer of registration shall not allow the name of any foreign born citizen, or resident to be entered in said eighth column, or register of qualified voters,, unless his papers be produced, and exhibited to such officer, or shall prove by his own oath or otherwise to the satisfaction of such officer that he is entitled to the elective franchise, and to be registered as a qualified voter, whereupon such registrar shall enter in the sixth column the facts required in the third section of this act. [Amended 1883, chap. LXVI.]
SEC. 6. [Qualified voters.]-It shall be the duty of said officer of registration to enter in said register of qualified voters the name of every person who
shall apply to him to be registered, and who shall satisfy him that he is qualified to vote under the provisions of the election laws of the state, or who shall prove to his satisfaction that he will be of age, and so qualified to vote, on or before the day of the next ensuing election.
SEC. 7. [Registration-Time-Place.]-It shall be the duty of said officer of registration to sit at some convenient place in the voting district for which he is appointed for the purpose of registration, as follows: He shall' open his books for registration ten days prior to the day of election, and shall sit each day thereafter until 12 M. of the day preceding the day of election, and shall each day open his books for registration at eleven o'clock A. M., and keep them open until seven o'clock P. M., and shall give notice of the time and place of sitting, at least seven days before the day of sitting, by publication in some newspaper published in the city in which such registration is to be made, and in case of making a change in the place of sitting, he shall at once publish, in manner and form aforesaid, at least three days before sitting, notice of such change as herein prescribed, said notice and publication to be paid for by the proper city. [Amended 1883, chap. LXVI.]
SEC. 8. [Repealed 1883, chap. LXVI.]
SEC. 9. [Lists-Publication--Correction-Delivery.]—It shall be the duty of said officer of registration, at least four days prior to each and every election held in such city, to make or cause to be made a certified list of all the persons duly registered by him as qualified voters in his election district, and cause the same to be written or printed and made public by posting the same in at least three public places in his said election district, where said registration has been made, and publish the same in some newspaper to be selected by the council of such city in which registration has been made, accompanying said list with a notice for all persons interested to appear before him at the place and during the hours of registration of the days of sitting thereafter, to make additions, to correct any omissions, to strike off any name that is not entitled to the elective franchise, or other errors in said list, and shall daily thereafter, and up to the time of closing said registration as provided in section "7" of this act, publish as aforesaid all additions and omissions, and at which time the list of qualified voters shall be closed, and two copies of said corrected list or register of voters shall be made, and one copy thereof shall be deposited by the officer of registration with the county clerk of the county in which said registration is made, on or before the day of election, and the other copy shall be delivered to the judges of election for his said election district, with the place of residence of each registered voter in which said registration has been made, including the place of residence of the registered voter opposite his name. The county clerk shall file the list that is delivered to him, and preserve the same with the records in his office, subject to examination as other public records. [Amended 1883, chap. LXVI.]
SEC. 10. [Registrar's powers.]-That said officer of registration whilst discharging the duties imposed by this act, shall have and exercise the powers of a justice of the peace, for the preservation of order around the place of registration; can compel the attendance of witnesses for the purpose of ascertaining the qualifications of persons to be registered; he shall have power to issue summons, attachments, and commitments to any sheriff or constable, or special constable, appointed by him for the purpose, who shall serve such process, of [as] if issued by any court of record, or justice of the peace; such officer shall receive the same fees, and in the same manner as allowed by law for the same duties in criminal cases, but said officer of registration shall not receive any fee whatsoever, except that heretofore provided, as per diem, which shall be paid by their respective cities. SEC. 11. (Change of residence.]-If any person who has been registered as a legal voter in one district, shall move into another, he shall take from the officer of registration a certificate of the facts of his registration and removal. Upon his satisfying the above named officers that he has removed, the certificate
shall issue, and shall be received by the judges of election as evidence of his right to vote, which certificate shall be returned with the poll books to the county clerk, and be filed by him as other county records, and preserved.
SEC. 12. [Division of district.-In case any city shall be divided or in any other manner so arranged as to form portions of different election districts, for the election of a senator, member of the house of representatives, or other officer or officers, a person to be entitled to vote for such officer or officers, must have been a resident of that part of the city in which he offers to vote, the time required by law next preceding the election, and be registered therein as a qualified voter; in case of a division of a ward or precinct, registrars of the ward or precinct divided shall continue to act as though no division had taken place, each registrar acting as such in the new precinct or ward where his residence may be. Registrars shall be appointed where none exist in the newly created wards or precincts, and boards of registration shall be filled whenever required in said precinct in the same manner as registrars are originally appointed.
SEC. 13. [Unregistered voters disqualified Challenge to registered voter.]-The judges of election shall not receive or deposit the ballot of any person until they have first found his name on the list of qualified voters and have checked it thereon, and the same appearing on said list is sufficient evidence for the judges of election to receive and deposit the ballot, and no challenge shall be entertained.
SEC. 14. [Lists-Examination.]-The clerks of the several counties in this state in whose office said list of qualified voters is deposited and filed, shall permit examinations of the list of qualified voters to be made, only in the manner allowed in relation to other records in his said office, and in his presence or in the presence of his deputy; Provided, however, That said lists are under no circumstances to be taken from said office, or in any manner altered or changed.
SEC. 15. [Violation of act by registrar-Penalty.]—If any officer of registration shall knowingly, corruptly, and fraudulently, in violation of the provisions of this act, permit the name of any disqualified voter, he shall, upon conviction thereof, forfeit and pay a fine of not less than one hundred dollars, nor more than five hundred dollars, and in default of payment to be committed to the county jail till such fine is fully paid, each day in said jail counting as three dollars per day.
SEC. 16. [Same by county clerk.]—That if any clerk of any county with whom said lists herein provided are required to be deposited, shall violate any of the provisions of this act, or make any changes or alterations in said lists, or suffer the same to be done by others except as herein provided for, or shall neglect any of the duties herein imposed on him, he shall, on conviction thereof, forfeit and pay a fine of not less than two hundred dollars, or more than one thousand dollars, to be collected from his official securities.
SEC. 17. [Same by judge of election.]—That if any judge of election shall knowingly violate any of the provisions of this act, he shall, on conviction thereof, forfeit and pay a fine of not less than two hundred nor more than one thousand dollars, and shall be disqualified from holding office and from voting.
SEC. 18. [False swearing-Penalty.]-That any person swearing falsely, in violation to any matters connected herewith, or swearing falsely in relation to any matter touching his qualifications as a voter and his right to be registered as such, shall, on conviction thereof, be deemed guilty of perjury, and shall be sentenced to the state penitentiary for not less than one nor more than eight years, and be disqualified from voting and holding office.
SEC. 19. [Application of act to all elections.]-This act shall apply to municipal as well as county and state elections, and to special as well as general elections; the said registrar shall sit for one day, or more if necessary, in the week preceding the holding of a municipai or special election, for the purpose of adding and correcting a registration already made; notice shall be given of said
SEC. 13. But see sec. 26, chap. 26, passed subsequent to this section.
sitting as herein before provided, and the same proceedings, so far as applicable, shall be observed as required in other cases provided in this act, except that the list when completed, shall be filed, in case of municipal elections, by the municipal clerk in his office as under the requirements of county clerks, and in case of municipal elections, the clerk of such incorporation shall draw his warrant on the treasurer thereof for the per diem of the registrar herein before named.
SEC. 20. [Deposition of register-Cities second class.]-When any registrar shall resign or otherwise become disqualified, his book of registration shall be deposited with the county clerk of his county, and when the book of registration has been substantially filled, said registrar, upon depositing the same with the county clerk, is hereby authorized to draw another; Provided, The provisions of this act shall extend to and include the cities of Lincoln, Plattsmouth, Fremont, and Nebraska City.
SEC. 21. Registration in cities second class.-That so much of the act entitled "An act to provide for the registration of voters in cities of the first class, and certain cities of the second class," approved, February 27th, 1873, as applies to the cities of "Nebraska City," "Lincoln," and "Fremont," be and the same is hereby repealed. [1875 § 1, 206.]
ARTICLE I. GENERAL PROVISIONS.
SECTION 1. [Property taxable.]-The property named in this section shall be assessed and taxed, except so much thereof as may be in this chapter exempted: First. All real and personal property in this state. Second. All moneys, credits, bonds, or stocks, and other investments, the shares of stock of incorporated companies and associations, and all other personal property, including property in transitu to or from this state, used, held, owned or controlled by persons residing in this state. Third. The shares of capital stock of banks and banking companies doing business in this state. Fourth. The capital stock of companies and associations incorporated under the laws of this state. [1879. § 1, 276.]
SEC. 2. [Property exempt.]-The following property shall be exempt from taxation in this state: First. The property of the state, counties, and municipal corporations, both real and personal. Second. Such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery, and charitable purposes; Provided, That in the assessment of real estate, encumbered by public easement, any depreciation occasioned by such easement shall be deducted in the valuation of such property; Provided, further, That the increased value of lands by reason of live fences, fruit and forest trees grown and cultivated thereon, shall not be taken into account in the assessment thereof.
SEC, 3. [School lands.]-School lands sold under any provisions of any law of this state, or such as have been heretofore sold, shall not be taxable until the right to a deed shall have become absolute, except the value of the interest of such purchasers shall be taxable, which interest shall be determined by the amount paid and invested in improvements on such lands; Provided, That the increased value of such improvements by reason of live fences, fruit and forest trees, grown and cultivated on such lands, shall not be taken into account in assessing the value of such improvements.
SEC. 4. [Personalty, how valued.]-Personal property shall be valued as follows: First. All personal property, except as herein otherwise directed,
SEC. 21. "An act to repeal the law requiring the registration of voters in certain cities of the second class. Laws 1875, 206. Took effect Feb. 11, 1875. "Au
ART. I. "An act to provide a system of revenue." Laws 1879, 276. Taking effect Sept. 1, 1879 act to provide for the assignment of tax certificate." Laws 1875, 109, being superseded by sec. 117 this article, is omitted.
SEC. 4. Debts due are "credits" and are to be assessed as property. 10 Neb. 161.