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United States of America to purchase such grounds as may be deemed necessary, in the city of Nebraska City, Nebraska, or any other city or incorporated town in the state of Nebraska, for the erection thereon of buildings for the accommodation of the United States circuit and district courts, postoffice, land office, mints, or any other government office, and also for the purchase by the United States of such other lands within the state of Nebraska as the agents or authorities of the United States may from time to time to select for the erection thereon of forts, magazines, arsenals, and other needful buildings.

3881. The jurisdiction of the state of Nebraska in and over the lands mentioned in the preceding section shall be and the same is hereby ceded to the United States; Provided, That the jurisdiction hereby ceded shall continue no longer than the United States shall own or occupy said lands.

3882. The said consent is hereby given, and the said jurisdiction ceded upon the express condition that the state of Nebraska shall retain concurrent jurisdiction with the united States in and over the said lands, so far as that all civil process in all cases, and such criminal or other process as may issue under the laws or authority of the state of Nebraska, against any person or persons charged with crime or misdemeanors committed within said state, may be executed therein, in the same way and manner as if such consent had not been given or jurisdiction ceded, except so far as such process may affect the real and personal property of the United States.

3883. The jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to said lands by purchase or grant; and so long as the said lands shall remain the property of the United States, when acquired as aforesaid, and no longer, the same shall be and continue exonerated and exempt from all taxes, assessments, and other charges which may be levied or imposed under the authority of the laws of this state.

3884. It is further enacted that any malicious, willful, reckless, or voluntary injury to or mutilation of the grounds, buildings, or appurtenances shall subject the offender to a fine of not less than twenty dollars nor more than one hundred dollars, to which may be added for an aggravated offense imprisonment not exceeding six months in the county jail, to be prosecuted as other criminal cases are prosecuted before any court of competent jurisdiction.

Secs. 3985 to 3888. "An act granting the consent of the state of Nebraska to the purchase or condemnation by the United States of a tract of land in Sarpy, Washington, or Douglas counties, for a military post and reservation, and ceding jurisdiction thereof to the United States." 1889, p. 496. In force March 30.

3885. That the consent of the state of Nebraska is hereby given to the purchase or condemnation by the United States, of such land in Sarpy, Washington, or Douglas county Nebraska, not exceding one thousand acres in extent, as may hereafter be selected by the United States, as a site for a military post and reserva

tion.

3886. The jurisdiction of the state of Nebraska in and over the land mentioned in the preceding section, when purchased or condemned by the United States shall be, and the same hereby is ceded to the United States; Provided, That the jurisdiction hereby ceded shall continue no longer than the said United States shall own or occupy the said land.

3887. The said consent is given and the said jurisdiction ceded upon the express condition that the state of Nebraska shall retain concurrent jurisdiction with the United States in and over the said land, so far as that all civil process in all cases, and such criminal or other process as may issue under the laws or authority of the

state of Nebraska against any person or persons charged with crimes or misdemeanors committed within said state, may be executed therein in the same way and manner as if such consent had not been given, or jurisdiction ceded, except so far as such process may affect the real and personal property of the United States.

3888. The jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to the said lands by purchase, grant, or condemnation, and so long as the said land shall remain the property of the United States when acquired as aforesaid and no longer, the same shall be and continue exonerated from all taxes, assessments, and other charges which may be levied or imposed under the authority of the state.

Secs. 3889 to 3893.

PUBLIC BUILDINGS.

"An act to provide for the location of the seat of government of the state of Nebraska and for the erection of public buildings thereat." 1867, p. 52. In force June 14*.

3889. That the governor, secretary of state, and the auditor be and they are hereby appointed commissioners for the purpose of locating the seat of government and the public buildings of the state of Nebraska.

3890. On or before the fifteenth day of July, A. D. 1867, the commissioners, or a majority of them, shall upon actual view select from the lands belonging to the state, within the following limits, to-wit: The county of Seward, the south half of the counties of Saunders and Butler, and that portion of the county of Lancaster lying north of the south line of township nine, a suitable site of not less than six hundred and forty-acres, lying in one body for a town, due regard being had to its accessibility from all portions of the state, and its general fitness for a capital. They shall then appoint a suitable person as surveyor, and such other assistants as may be necessary, who shall take and subscribe an oath similar to the one taken by the commissioners. They shall immediately survey, lay off, and stake out the said tract of land into lots, blocks, streets, and alleys, and public squares, or reservations for public buildings, which said town, when so laid out and surveyed, shall be named and known as Lincoln, and the same is hereby declared to be the permanent seat of government of the state of Nebraska, at which all of the public offices of the state shall be kept, and at which all the sessions of the legislature shall hereafter be held.

As to dedication to "State Historical Association," see 14, 337 (15 N. W., 717).

3891. The state university and state agricultural college shall be united as one educational institution, and shall be located upon a reservation selected by said commissioners in said "Lincoln," and the necessary buildings shall be erected thereon as soon as funds can be secured by the sale of lands donated to the state for that purpose, or from other sources.

3892. The penitentiary of the state shall be located upon a reservation selected by the said commissioners in the said "Lincoln," or upon lands belonging to the state, and adjacent to said town of "Lincoln," and the necessary building shall be erected as soon as funds can be secured.

3893. As soon as the capitol building provided for in this act is erected and completed, it shall be the duty of the governor to issue his proclamation announcing said fact, and thereupon it shall be the duty of all the state officers whose offices are properly kept at the capitol, to remove, within three months, their several offices, together with the public property, archives, records, books, and papers to said "Lincoln," and all sessions of the legislature shall thereafter be convened at the same place.

Secs. 2, 4-10, and 14 of original act, being temporary in their application, are here omitted, as are also certain acts providing for erection of buildings, sale of state lots, correction of orignal plat, etc.

Secs. 3894 to 3896. property." 1869, p. 87. 3894. That the governor be and is hereby authorized and empowered to insure the public buildings and other property belonging to the state, liable to destruction or injury by fire, with some good and responsible insurance company or companies, for the benefit of and in the name of the state.

"An act to provide for the care of the capitol building and other state In force February 15.

3895. That the governor shall deposit the insurance policies, taken out in accordance with the provisions of the foregoing section, with the treasurer of the state, and shall certify to the auditor the amount of the premiums and the date they become due, and the auditor shall draw his warrant upon the treasurer for the respective amounts of said premiums from time to time as they shall become due, in favor of the proper officer or agent of said insurance company or companies.

3896. The governor is hereby authorized and empowered to employ some suitable person as janitor of the capitol building, who shall receive a salary of six hundred dollars per annum, payable quarterly, in like manner as the salaries of state officers, and whose duty shall be to take care and keep in good order the said capitol building and the grounds belonging thereto.

CHAPTER 46.-PUBLIC FINANCES.

I. TAXATION.

Secs. 3897 to 4082, except secs. 3937, 3938, and 3969. "An act to provide a system of revenue." 1879, p. 276. In force September 1. (Repealing act of 1869, p. 179.)

3897. 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.

Grant to railroads not exempt. 5, 397. Homestead liable for taxes from the time occupant entitled to patent. 5, 400; 3, 17; 5, 393. City cannot by ordinance, exempt property from taxation. 12, 94 (10 N. W., 568). Assessment essential to validity of tax, but a formal assessment, although not made in mode contemplated by law, if not inequitable, will support a levy otherwise legal. 11, 344 (7 N. W., 859.)

3898. 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, incumbered 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.

All property in this state taxed whether in hand of owner or agent. 19, 54 (26 N. W., 589). Definition of "school," place of learning. Property exempt from taxation while used for school purposes. 22, 453 (35 N. W., 222).

3899. 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 improve

ments.

3900. Personal property shall be valued as follows: First-All personal property, except as herein otherwise directed, shall be valued at its fair cash value. Second-Every credit for a certain sum, payable either in money or labor, shall be valued at a fair cash value for the sum so payable; if for any article of property, or for labor, or service of any kind, it shall be valued at the current price of such property, labor, or service. Third-Annuities and royalties shall be valued at their then present total value.

356).

Owners of shares in national bank s may deduct debts from valuation. 25, 472 (41 N. W.,

3901. Real property shall be valued as follows: First-Each tract or lot

of real property shall be valued at its fair value, estimated at the price it would bring at a voluntary sale thereof, where public notice had been given, and a payment of one-third cash and the balance secured by a mortgage upon the property. [Second]-Leasehold estates, including leases of school and other lands of the state, shall be valued at such a price as they would bring at a fair voluntary sale for cash. Third-Where a building or structure owned by a lessee is located on land leased from another, the same shall be valued at such a price as such building or structure would sell at a fair voluntary sale for cash.

3902. Personal property shall be listed between the first day of April and the first day of June of each year, when required by the assessor, with reference to the quantity held or owned on the first day of April in the year for which the property is required to be listed. Personal property purchased or acquired on the first day of April shall be listed by or for the person purchasing or acquiring it.

3903. Personal property shall be listed in the manner following: First -Every person of full age and sound mind, being a resident of this state, shall list all his moneys, credits, bonds, or stocks, shares of stock of joint or other companies (when the capital stock of such company is not assessed in this state), moneys loaned or invested, annuities, franchises, royalties, and other personal property. Second-He shall also list all moneys and other personal property invested, loaned, or otherwise controlled by him as the agent or attorney, or on account of any other person or persons, company, or corporation whatsoever, and all moneys deposited subject to his order, check, or draft, and credits due from or owing by any person or persons, body corporate or politic, whether in or out of the county. Third-The property of a minor child shall be listed by his guardian; if he have no guardian, then by the father, if living; if not, by the mother, if living; and if neither father nor mother be living, by the person having such property in charge. Fourth-The property of any other person under guardianship, by his guardian; or if he has no guardian, by the person having charge of such property. Fifth-The property of a wife, by her husband, if of sound mind; if not by herself. Sixth-The property of a person for whose benefit it is held in trust, by the trustee of the estate of a deceased person, by the executor or administrator. Seventh-The property of corporations whose assets are in the hands of receivers, by such receivers. Eighth-The property of a body politic or corporate, by the president or proper agent or officer thereof. Ninth-The property of a firm or company, by a partner or agent thereof. Tenth-The property of manufacturers and others in the hands of agent, by and in the name of such agent, as merchandise.

3904. Personal property, except such as is required in this chapter to be listed and assessed otherwise, shall be listed and assessed in the county, precinct, township, city, or village where the owner resides. The capital stock and franchises of corporations and persons, except as may be otherwise provided, shall be listed and taxed in the county, precinct, township, city, or village where the principal office or place of business of such corporation or person is located in this state. If there be no principal office or place of business in this state, then at the place in this state where any such corporation or person transacts business.

3905. When the owner of live stock or other personal property connected with a farm does not reside thereon, the same shall be listed and assessed in the county, township, or precinct where the farm is situated; Provided, If the farm is situated in several townships or precincts, it shall be listed and assessed in the township or precinct in which the principal place of business on such farm shall be.

Cited, 24, 354 (38 N. W., 735.

3906. Live stock in herds or not connected with a farm shall be listed or

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