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Levy of tax.

Warrant for collection.

dollars per day, not exceeding three (3) days, [and] will hear and decide all complaints of, and appeals from the acts of said assessor. SEC. 29. When the assessment-roll shall have been corrected and completed, the trustees shall levy a tax upon the taxable property situate within the corporate limits of said town, not exceeding five (5) mills on the dollar, in any one year, as provided in sub-division fifteen (15), section eighteen (18) and section (23) of this act, and shall set opposite the name of each person taxed a description and valuation of the property charged therewith, and the amount of tax assessed against such person; and when such tax list shall have been made, they shall cause a copy thereof, with a warrant annexed, to be delivered to the marshal of said town, who is hereby charged with the safe custody of the same.

SEC. 30. Such warrant shall be under the seal of the corporation, and be signed by the president and trustees, or majority of them, and attested by the clerk, and shall command the marshal to collect the taxes specified in his duplicate within sixty days, and pay over the same, and make return of such warrant to the treasurer Lien for taxes. of said town. That the lien for taxes for corporation purposes shall attach to all property owned by each person subject to taxation under this act, from the day the tax list, or duplicate and warrant, comes into the hands of the marshal.

Marshal shall

SEC. 31. The marshal shall collect the taxes on said duplicate. collect taxes. and shall have power to collect by distress and sale, and to make conveyances and certificates of real estate sold by virtue of such sale, which sale shall be held at the door of the town hall, or place of meeting of the board of trustees and all deeds or conveyances for lands so sold for taxes, shall be prima facie evidence of the validity of such purchase.

Duties of the treasurer,

SEC. 32. The treasurer of said town shall so keep his accounts as to show when, and from what sources all moneys paid to him have been derived, and to whom, and when such moneys, or any part thereof, have been paid. The treasurer shall grant all licenses authorized by this act, upon the presentation of the receipt of the marshal that the money therefor has been paid to said marsha!. His books, accounts and vouchers shall at all times be subject to examination by said board of trustees or any citizen of said town, and it is hereby made their duty to examine the same at a regular meeting of such board, on some day between the first and last Monday of March in each year, and have settlement with the said treasurer: Compensation said treasurer shall receive as compensation for his services for all money coming into his hands, one per cent. for receiving, and one per cent. for disbursing, except such money as shall be turned over by him to his successor in office.

of treasurer.

Treasurer's settlement

lished.

SEC. 33. It shall be the duty of the board of trustees, immeshall be en diately after the annual settlement with the treasurer, to publish in a newspaper, if one be printed in said town, or if there be no newspaper, then by posting, in three or more public places, an exhibit of the receipts and expenditures, specifying the sources of such receipts, what appropriations were made, for what objects, and the specific amount of each.

Duties of the clerk.

SEC. 34. The clerk of said town shall have the custody of the records, books and papers of the board of trustees, and shall

attend all meetings, and record the proceedings of said board, and shall perform all other duties appertaining to his office, and required of him by the by-laws.

bilities.

SEC. 35. The marshal of said town shall possess, and be subject Marshal, lia to, the liabilities possessed and conferred by the act upon constables, in executing the orders of the trustees, or in enforcing the by-laws and ordinances of said town.

SEC. 36. The board of trustees shall superintend the grading, Streets. paving and improving of streets, and the building and repairing of sidewalks.

SEC. 37. The fire wardens shall attend all fires, and give their Fire wardens. personal superintendence to extinguishing the same, and do all other acts required by the by-laws, and obey all orders given by the board of trustees in relation to the fire department. The trustees shall, by virtue of their office, be fire wardens.

SEC. 38. The trustees shall have jurisdiction over any com- Public gronds mons, public grounds, or other property belonging to said town, and shall have power to annex to said town contiguous territory thereto; and when said territory is so annexed, it shall be a part of said town, and be subject to all the provisions of this act.

SEC. 39. Whenever any suit shall be instituted by said town, Suits. in any of the courts of this Territory, said town shall not be required to show its compliance with the provisions of this act, as to its organization or publication of its by-laws or ordinances, unless the same is controverted by affidavit.

ate name.

SEC. 40. All actions brought to recover any penalty or fine In the corpor incurred under this act, or by-laws and ordinances made in pursuance thereof, shall be brought in the corporate name of said town, and the recoveries upon the same, when collected, shall be paid into the treasury of said town. The process in every such action shall be a warrant, and the person named in such warrant shall be arrested and forthwith taken before some justice of the peace in said town for trial.

SEC. 41. In actions brought to recover any penalty or fine The complaint incurred under this act, or under the by-laws or ordinances made in pursuance thereof, it shall not be necessary to file, with the affidavit or complaint, a copy of the ordinance or by-law or section thereof, charged to have been violated, but it shall be sufficient to recite in the affidavit or complaint, the number of the section charged to have been violated, with the date of its adoption.

SEC. 42. If the penalty or fine in which judgment is obtained is not paid or replevied, the defendant may be committed, for any period not exceeding forty days, to the work-house of said town, or if said town have no work-house, then to the county jail or prison, in which said town is situate; or in default of payment of such judgment and costs, the defendant may be adjudged and required to pay the same by manual labor in the work-house, or upon the streets or other public works of said town, under the control of the marshal of said town, for which labor the said defendant shall be allowed, on such judgment and costs, one dollar per day. It shall be the duty of said marshal to work such defendant not less than eight, nor more than ten hours per day,

Penalty for violation of

according to the season, and each evening to return him or her to the custody of the keeper of such prison or work-house; and upon the full payment as aforesaid, of said judgment and costs. said defendant shall be fully discharged.

SEC. 43. Any person violating the provisions of this act, or ordinances. any ordinance or by-law made in pursuance thereof, to which there may be a penalty affixed, may be prosecuted before the police magistrate, or any justice of the peace of said town, upon warrant issued by such justice, as in case of misdemeanor; and such person, upon conviction, shall stand committed until the fine and costs are paid or replevied, according to the provisions of section forty-two (42) of this act.

Rules of practice.

Record book.

Elections by ballot.

Conflicting acts, repealed.

In force.

SEC. 44. The rules of practice and proceedings in the justicos courts for violation of the provisions of this act, or of any by-laws or ordinances passed in pursuance, except where the act, or some by-law or ordinance passed in pursuance thereof, shall otherwise direct, be the same as those pertaining to the trial for misdemeanors under the laws of this Territory.

SEC. 45. All by-laws and ordinances shall, within a reasonable time after their passage, be recorded in a book kept for that purpose, and shall be signed by the president of the board of trustees, and attested by the clerk. On the passage of any by-law, ordinance or resolution, the ayes and nays shall be taken and entered on the journal.

SEC. 46. All elections held under the provisions of this act shall be by ballot.

SEC. 47. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 48.

This act shall take effect and be in force from and after the 13th day of January, 1874.

Approved, December 12th, 1873.

[NOTE. Sections 2, 3, 17 and 27, as above, were substituted for corresponding sections, respectively, of act of Dec. 12, 1873, and sections 9, 14, 16, 18, 19, 20, 21, 22, 23, 24, 3, 2, 29, 30, 32, 40, 41, 42, 43, and 44, of same act, were amended, as above, by act of Dec. 11th, 1875. COMPILERS.]

CHAPTER 74.

LEGALIZATION.

AN ACT Legalizing the acts of A. G. Turner, and his Deputies, as Register of Deeds for Carter County.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming :

SECTION 1. That all official acts of A. G. Turner, as register Acts legalized of deeds for Carter county, or any of his deputies, are hereby legalized and declared valid in law, and all the books of records kept by the said Turner, or any of his deputies, which are now in the recorder's office in said county, are declared legal and official records of the county of Carter, notwithstanding any irregularity in giving bonds by said Turner, or in not signing records made by him or his deputies, or any other irregularity; Provided, That this act shall not be construed to legalize any act Provided. that would of itself have been illegal, if the officer performing the same had been regularly qualified, and performed all the acts and duties concerning the same required by law.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, December 3, 1869.

AN ACT to Legalize the acts of Leavitt C. Barry in taking Acknowledgments of
Instruments, as Deputy Notary Public and Deputy Recorder.

Be it enacted by the Council and House of Representatives of the Ter-
ritory of Wyoming :

SECTION 1. That all the acts of Leavitt C. Barry, either in Acts binding. taking acknowledgments of, or recording instruments as deputy notary public, or deputy recorder, in what is now Carter county, are hereby declared as binding upon all parties in interest, as though the said supposed offices of deputy notary public or deputy recorder had existed in law; and said Barry shall be estopped in law in any proceedings against him growing out of his acts as deputy recorder or deputy notary public, from setting up the non-existence of said office.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved, November 24, 1869.

Assessment

AN ACT Legalizing the Assessment, the Equalization, and the Levy of Taxes for and in the County of Carbon, in the year Eighteen Hundred and Sixty-Nine.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming :

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SECTION 1. That the assessment of taxes, in and for the county doclared legal. of Carbon, in the year eighteen hundred and sixty-nine, the equalization of the said taxes in said year, and the levy of the same, is hereby declared legal.

SEC. 2.

its passage.

This act shall take effect and be in force from and after

Approved, December 8, 1869.

Levy declared legal.

AN ACT to Legalize the Assessment and Levy of Taxes for the year 1869, in Laramie
County.

Be it Enacted by the Council and House of Representatives of the Terri-
tory of Wyoming:

SECTION 1. That the levy of taxes aggregating eleven mills on the dollar, made by the board of county commissioners of Laramie county, which was made on the 19th day of May, A. D. 1869, for the year 1869, as evidenced by the records of said board of commissioners, is hereby declared to be legal, and the said taxes shall be collected and paid to all intents and purposes, in the manner provided by law, the same as if no irregularity of any kind had occurred in the assessment or levy thereof, or in the equalization of the same.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, December 2, 1869.

Appointm'nts &c., decl a red legal.

AN ACT Legalizing the Organization of the County Board of County Commissioners of
Carter County.

Be it enacted by the Council and House of Representatives of the Ter-
ritory of Wyoming:

SECTION 1. That the appointments and qualification of all the members of the board of county commissioners of the county of Carter, is hereby declared to be regular in law, and binding in all matters or proceedings that shall grow out of such appointment, as well upon the said commissioners as those in whose behalf they were appointed to act, and all the acts of said board of county commissioners, from the twenty-seventh day of December, 1867, to the passage of this act, shall be deemed legal and binding upon the people and property in their said county, notwithstanding any irregularity in the appointment or qualification of any member of said board, or the convening thereof, so far as the same, if regular, would not have been in contravention of law.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, December 2, 1869.

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