Style of deed executed by chaser. was the least quantity bid for; and payment of said sum treasurer to pur- having been by him made to the treasurer, the said property was stricken off to him at the time; and whereas, the said A B did, on the day of, A. D. 18-, duly assign the certificate of the sale of the property to E F, of the county of of; and whereas, the three years. have elapsed since the date of said sale, and the said property has not been redeemed therefrom, as provided for by law. Deed prima facie -evidence of what. and Now, therefore, I, C D, treasurer of the county aforesaid, for and in consideration of the said sum to the treasurer paid as aforesaid, and by virtue of the statute in such case made and provided, have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said A B, his heirs and assigns, the real property last hereinbefore described, to have and to hold unto him the said A B, his heirs and assigns, forever; subject, however, to all the rights of redemption provided by law. In witness whereof I, C D, treasurer as aforesaid, by virtue of the. authority aforesaid, [have] hereunto subscribed my name on this day of (Name.) I hereby certify that before, in and for said county, personally appeared the above-named C D, treasurer of said county, personally known to me to be the treasurer of said county, at the date of the execution of the above conveyance, and to be the identical person whose name is affixed to, and who executed the above conveyance as treasurer of said county, and who acknowledged the execution of the same to be his voluntary act and deed as treasurer of said county, for the purposes therein expressed. Given under my hand and seal this 18-. day of A. D. SECT. 57. The deed, when duly executed, acknowledged, and recorded, shall be prima facie evidence in all courts of this territory of the following facts: 1. That the real property conveyed was subject to taxation for the year or years stated in the deed. 2. That the taxes were not paid at any time ing title by such before the sale. 3. That the property conveyed had not been redeemed from the sale at the date of the deed. And in all. Of suits involv suits involving the title to property claimed by virtue of a deed. deed executed substantially as aforesaid by the treasurer, the person claiming title adverse, shall be required to prove, in order to defeat the said title, either that the said property was not subject to taxation for the year or years named in the deed, that the taxes had been paid before the sale, or that the property had been redeemed from the sale according to the provisions of this act, and that such redemption was made for the use of persons having the right of redemption under the laws of the territory, but no person shall be permitted to question the title acquired by a treasurer's deed without first showing that he or she, or the person under whom he or she claims title, had title to the property at the time of the sale, or that the title was obtained from the United States after the sale, but in any case where any person had paid his taxes, and by any mistake of the treasurer such payment does not appear upon his books, and the land upon which the, taxes were paid was afterwards sold, the treasurer's deed shall, not convey the title: Provided, That in all cases where the Proviso. owner of lands sold for taxes shall resist the validity of such tax title, he may show fraud committed by the officer selling the same or in the purchase, to defeat the same; and if fraud is so established, such sale shall be void. SECT. 58. When, by mistake or unlawful act of the treasurer, land has been sold on which no tax was due at the time, or whenever land is sold unlawfully, in consequence of any other mistake or irregularity rendering the sale void, the county shall hold the purchaser harmless by paying him the amount of principal and interest and costs to which he would have been entitled had the land been rightfully sold, and the treasurer and his sureties will be liable to the county for the amount of his official bond. Provided, That the treasurer or his sureties shall be liable only for his own or his deputy's acts. When land is sold unlawfully. Proviso. records evidence. SECT. 59. The books and records belonging to the offices Books and of the clerk of the board of county commissioners and the county treasurer, or copies thereof duly certified, shall be deemed sufficient evidence to prove the sale of any real prop Action for recovery erty for taxes, the redemption thereof, or the payment of taxes thereon. SECT. 60. No action for the recovery of real property sold brought, when. for non-payment of taxes shall be, unless the same be brought within six years after the date of the sale for taxes aforesaid. Counties responsible to territory for tax levied. If treasurer defaulter. If treasurer loan out or use county funds. Treasurer to make yearly settlement. When treasurer goes out of office. Officer neglect ing or refusing SECT. 61. Each county is responsible to the state [territory] for the amount of tax levied for territorial purposes, excepting such amounts as are certified to be unavoidable, double, or erroneous assessments, as hereinafter provided. SECT. 62. If any county treasurer prove to be a defaulter for territorial revenue, such amount shall be made up to the territory within the next three years, in such manner as the county commissioners may direct; in such cases, the county can have recourse to the official bond of the treasurer for indemnity. SECT. 63. If any county treasurer shall loan out or in any way use county funds for private purposes, he shall be liable to a fine not exceeding one thousand dollars, for the benefit of common schools of the county, to be procured as other fines. SECT. 64. The county commissioners shall in January and June of each year make a full and complete settlement with the county treasurer. SECT. 65. When any treasurer goes out of office, he shall make a full and complete settlement with the county commissioners, and shall deliver all books, papers, moneys, and all other property appertaining to his office, to his successor, taking his receipt therefor. SECT. 66. Any officer neglecting or refusing to comply to comply with with this act, for whose negligence no other penalty is pro this act. vided by this act, shall be liable to a fine not exceeding one thousand dollars, to be prosecuted by the district attorney for the benefit of common schools. Approved May 15, 1862. W. JAYNE, Governor. ROADS. CHAPTER 70. AN ACT RELATIVE TO THE LAW OF ROADS AND THE REGU- Be it enacted by the Legislative Assembly of the Territory of SECTION 1. Whenever any persons shall meet each other on any bridge or road, travelling with carriages, wagons, sleds, sleighs, or other vehicle, each shall pass to the right of the middle of the travelled part of such bridge or road, so that the respective carriages, or other vehicles aforesaid, may pass each other without interference. Vehicles keep meeting each to the right in ing. Penalty. SECT. 2. Every person offending against the provisions of person offendthe preceding section shall, for each offence, forfeit a sum not exceeding twenty dollars, and shall also be liable to the party injured for all damages sustained by reason of such offence. driver to be Penalty. SECT. 3. No person owning or having the direction or No intempe control of any coach or other vehicle, running or travelling employed. upon any road in this territory, for the conveyance of passengers, shall employ or continue in employment any person to drive such coach or other vehicle, who is addicted to drunkenness, or to the excessive use of intoxicating liquors, and if any such person shall violate the provisions of this section, he shall forfeit a sum not less than ten and not exceeding fifty dollars, and shall be liable for all damages sustained. SECT. 4. It shall not be lawful for the driver of any carriage or other vehicle used for the conveyance of passengers, to leave the horses attached thereto while any passenger remains in or upon the same, without making such horses fast with a sufficient halter, rope, or chain, or without some suitable person to take the charge or guidance of them, so as to prevent their running; and if any such driver shall violate the provisions of this section, he and his employer or em Animals to be tied, when. Penalty. Owners liable for damages. Take effect, when ployers, jointly and severally, shall forfeit a sum not exceeding twenty dollars; but no prosecution shall be commenced therefor after the expiration of three months from the time of committing the offence. SECT. 5. The owners of every carriage or other vehicle, running or travelling upon any road or public highway, for the conveyance of passengers for hire, shall be liable, jointly and severally, to the party injured, in all cases, for all damages done by any person in the employment of such owners as a driver, while driving such carriage, to any person, or to the property of any person, whether the act occasioning such injury or damage be wilful, negligent, or otherwise, in the same manner as such driver would be liable. SECT. 6. This act to take effect from and after its passage. W. JAYNE, Governor. Duties concerning roads. Take effect, when. CHAPTER 71. AN ACT CONFERRING POWERS UPON THE BOARD OF Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That it shall be the duty of the board of county commissioners of the several counties of this territory, to divide their respective counties into convenient road districts; to appoint a road supervisor in each district, and to make all needful rules and orders for the opening and working of all roads in said counties; for the building, and repairing of bridges; respecting the duties of road supervisors, and all other matters pertaining to roads in their respective counties. Said commissioners may also hear petitions for county roads, order the location of such roads, and appoint commissioners to survey, view, and locate the same. SECT. 2. This act shall take effect from and after its passage, and approval by the governor. Approved May 14, 1862. W. JAYNE, Governor. |