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Delinquen' list assessments, at the same time he advertises the sale of real

to be delivered

to county treasurer.

Gen Stat., r21.

Provisions applicable to all

taxes.

estate for delinquent county taxes, by adding the amount of such delinquent city taxes and assessments, to the amount of delinquent state, county, and other taxes; and he shall sell such lots, lands, or .parcels of real estate for the purpose of paying all such delinquent taxes, and shall credit such city for the amount of taxes or assessments so collected, which shall be subject to the order of the treasurer of such city. In the sale of any real estate as above provided for, and in the giving of certificates of sale and tax deeds therefor, the county treasurer shall proceed in the same manner as is or may be provided by law for his proceedings in the sale of real estate for delinquent county taxes, and with like power and authority; and the real estate so sold may be redeemed within the time and upon the same terms and conditions in every respect as is or may be provided by law for the redemption of real estate sold for delinquent county taxes: Provided, That under this act the county treasurer shall be authorized to collect only by sale of real estate: And, provided further, It shall be the duty of the city treasurer, upon any taxes being collected by him after the delinquent tax list shall have been delivered to the county treasurer, to forthwith notify the county treasurer of such collection, that the same may be cancelled on the delinquent tax list; And, provided further, That the failure, neglect, or refusal of the city treasurer to make the tax assessed against any real estate by distress and sale of the personal property of the owners thereof, shall not in any wise affect or invalidate the sale of such lands for such tax.

Gen. Stat 122. 1

SEC. 10. That section thirty-nine of this act is amended to read as follows: Sec. 39. The foregoing provisions shall apply to all taxes now due or heretofore delinquent, or that may hereafter become due and delinquent, whenever any municipal tax or taxes levied for any for

plicable to all

Gen. Stat., 122.

mer year, shall remain uncollected because of any defect, Provisions aperror, or irregularity in either the power or manner of taxes. making the levy thereof, it shall be lawful for the mayor and council of such city to again levy a tax upon the property so delinquent, in lieu of such former tax or taxes, and at the same rate and upon the same assessment as such former tax or taxes were levied, and such tax or taxes shall be inserted in the tax list, and shall be collected in the same manner as other general taxes are. The city council may, at any time, correct any error or defect, or supply any omission in the assessment or listing of any property, subject to municipal tax, made for the purpose of taxation for the then current fiscal year, and may require any and all persons to appear and answer under oath as to their possession or control of personal property, subject to municipal taxation, and the mayor and council, by ordinance, may make such compromise, settlement or adjustment of any action or litigation concerning the validity, legality or regularity of any tax or taxes levied for city purposes, as they may deem just and expedient; and the city treasurer shall conform thereto in this action respecting the collection of taxes under any tax list in his hand. These provisions shall apply equally to general municipal taxes, and to special assessment, as far as the same may be applicable, unless otherwise provided in the ordinance levying the same, special taxes and assessments shall be deemed delinquent if not paid in thirty days after the passage and approval of the ordinance levying the same in each case, and a penalty of ten per cent. together with interest, at the rate of one per cent. a month, payable in advance, shall be paid on all delinquent special taxes or assessments from the time the same shall become delinquent.

SEC. 11. That section fifty-four of said act is hereby amended to read as follows: Sec. 54. Whenever it shall

of private

Appropriation become necessary to appropriate private property for the property. use of the city, for streets, alleys, avenues, parks, and Gen. Stat., 136. public squares, and such appropriation shall be declared

Appeals from decision of

necessary, by ordinance, the mayor, with the approval of the council, shall appoint three disinterested freeholders of the city, who, after being first duly sworn to perform the duties of their appointment with fidelity and impartiality, shall assess the damage to the owners of the property respectively taken by such appropriation, taking into consideration special benefits, if any; such assessment shall be reported to the council for confirmation, and if the same be confirmed, the damages so assessed shall be paid to the owners of such property, or deposited with the city treasurer, subject to the order of such owners respectively, after which such property may, at any time, be taken for the use of the city, if the assessments be not confirmed by the council, proceedings may be taken anew to assess the damages.

SEC. 12. That section sixty-eight of said act is hereby police judge. amended to read as follows: Sec. 68. In all cases before Gen. Stat., 129. the police judge, arising under the ordinances of the city, an appeal may be taken by the defendant, to the court having criminal jurisdiction in and for the county in which said city is situated, but no appeal shall be allowed unless such defendant shall, within ten days, enter into recognizance, with sufficient sureties, to be approved by the judge, conditioned for the payment of the fine and costs of appeal, if it should be determined against the appellant.

Salary of offi.

cers.

Gen. Stat., 133.

SEC. 13. That section ninety-four of said act is hereby amended to read as follows: Sec. 94. The several officers hereinafter named in this act, of any city of the first class, shall receive the compensation affixed by this act, and no more, either directly or indirectly, for their services as such. First, the mayor shall receive the sum of twelve hundred dollars per annum. Second, the city

officers.
Gen. Stat., 133.

clerk shall receive the sum of eighteen hundred dollars Salary of per annum, which shall be in full for his own services [and the services] of any deputy clerk or assistant that may be necessary for the proper transaction of the business of his office; except an assistant for council meetings, which assistant may be paid extra, in the discretion of the council. Third, the treasurers shall receive the sum of eighteen hundred dollars per annum, and such further compensation or fees as may be provided by law, which shall be in full for his own services and the services of any deputy or assistant that may be necessary for the proper transaction of the business of his office. Fourth, the marshal shall receive the sum of eighteen hundred dollars per annum, which shall be in full compensation for himself and any deputy. Fifth, each policeman shall receive a sum not exceeding eighty dollars per month, to be fixed by ordinance; no policeman shall be allowed any fee or fees as a witness in any case tried before the police court. Sixth, the council may appropriate a sum not exceeding in the aggregate two hundred dollars in any one month, for services rendered in the last preceding month, by members of the council, as such, on committees or otherwise.

SEC. 14. This act shall take effect and be in force from To take effect. and after its passage.

Approved, February 23, 1875.

Rights granted

to street rail

Section.

1. Rights granted to street rail-
way companies.

Section.

2. Charge per trip.

3. Vested rights not disturbed.

AN ACT.

To encourage the building of street railways in the cities of the
State of Nebraska.

Be it enacted by the Legislature of the State of Nebraska :

SECTION 1. That any corporation organized for the way companies purpose of building and operating a street railway in any of the cities of the State of Nebraska, and shall proceed to build and operate said railway within one year from the passage of this act, and shall within such time build and continue to operate at least one mile of such railway, it being the first company so organized for the purpose of building a street railway in any city in which it proposes to operate the same, shall have the exclusive right for twenty-five years from the date of its organization, to build, erect, and operate horse railways within the said. city in which the said company have organized, to erect and operate the same, and any such corporation shall have power to purchase, hold, mortgage and convey real estate for the use and benefit of said company.

Fare per trip.

Vested rights not disturbed.

SEC. 2. Any company organized, or which may hereafter be organized, and claiming the benefits of this act, shall never in any case charge more than five cents per trip for single passengers.

SEC. 3. This act is not intended to deprive any company as aforesaid of any of its rights, under the general incorporation act of this state, but all the power, franchises, and privileges of whatever kind, given by the said

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