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subject to and

and time of

duties.

SECTION 4. The public weigher herein provided Penalties for, shall be subject to all the penalties for non-qualification feasance, misfeasance, and malfeasance in office entering on that the other county officers are subject to, and the date of his qualification and entrance upon, and into the duties of his office, shall be the same as is provided for all other county officers after the first election.

county seat

be given and

SECTION 5. Such public weigher shall hold his office at office at the county seat of his respective county, in and bond to an office which he shall provide for that purpose, and oath. shall, before he enters upon the duties of his office, execute to the Territory of Oklahama, and file with the county clerk of his county, to be approved by the board of county commissioners, a bond in the penal sum of one thousand dollars, with two or more sufficient sureties, conditioned that he will faithfully, correctly and impartially perform all the duties of said office according to law, keep and hold open to inspection at all times, to interested persons, a true and perfect record of all his doings and transactions as such weigher, and shall deliver to his successor in office all books, papers and records, and property of every kind, in his hands and belonging to the said office. He shall also subscribe to an oath or affimation that he will support the Constitution of the United States, and the Organic Act and laws of the Territory of Oklahoma, and in all things faithfully discharge the duties of his office according to law.

weigher.

SECTION 6. It shall be the duty of every public Duties of weigher, within his county, to receive, inspect and public weigh according to the standard weights of the United States, all cotton, grain of every kind, live stock, hay, cotton seed and wool, and make a record of its condition, weight, marks and brands, if any there be, with remarks as to any peculiarities appearing thereon or therein, and to furnish the person, firm or corporation applying for such weights, a net weight certificate bearing the official signature of the said weigher, and in all cases the said public weigher shall furnish the applicant for such weights net weight certificate, and to keep a true and perfect copy of

Public weigher's fees.

Shall furnish his own supplies.

Penalty for violation of duty.

such certificate, showing the gross weight as well as the net weight.

SECTION 7. The said public weigher shall receive from the person, firm or corporation, for the services rendered by him in his said official capacity, the following fees: For each bale of cotton weighed by him, the sum of ten cents; for each load of seed cotton, grain of any kind, live stock, hay, cotton seed, coal or wood, the sum of ten cents; and when any of the said commodities are weighed by the said public weigher in less quantities than loads, the said weigher shall be entitled to, and shall receive for, the said services, the sum of ten cents for each of the said weighings so had, to be paid by the person so applying for the said weights, and to secure the said fees to the said weigher, he, the said weigher, shall have and is hereby granted a lien upon the commodity so weighed by him, for the said price, and the said lien shall be declared, and does follow the property so weighed, into the hands of any and all persons into whose hands the said property shall pass by purchase, or otherwise, and there shall be no innocent purchasers of the said property as against the lien hereby created in favor of the said weigher or weighers.

SECTION 8. It shall be the duty of the said weighers, and each of them, to furnish, at their own expense, all blanks, books, stationery and material of every kind, and in no event shall the county or territory be responsible for the purchase price thereof, or any part thereof, nor for the office rent of the said weigher, and the said weighers, at the expiration of their respective terms in office. shall be the exclusive owners of all books, blanks aud materials of every kind then on hand, and not used up to that time in the office, but such as have at that time been marked in part, or in whole by the said weigher, shall be deemed public property, and shall be delivered to the successor in office.

SECTION 9. Any public weigher violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than twenty-five, nor more than fifty dollars, and shall, upon such conviction by the district court, be

removed from office, at the discretion of the court where such conviction is had.

his own

SECTION 10. The said weighers shall furnish their shall furnish own scales, and it shall be the duty of the sheriff of scales, to be inspected by each county in this Territory to inspect the said sheriff. scales and test them with United States standard weights, placing his seal thereon, showing the same as having been tested, at least once each quarter, and report thereon, and file the said report with the county clerk of the county at the beginning of each quarter of the official year: Provided, however, The sheriff shall receive, as compensation for inspector of public scales, a sum not to exceed two dollars per day for each day actually employed as such inspector, and said amount shall be paid by said public weigher, and upon the failure of the sheriff of any county to so inspect the said scales, he shall be deemed guilty of a misdemeanor, and on conviction thereof, he shall be fined in any sum not less than ten, nor more than fifty dollars.

SECTION 11. Every farmer or other person who Penalty for false weights. with intent to cheat or defraud any person, firm, or corporation, plates, sand-packs, false-packs or waterpacks any cotton, and every ginner of cotton who is a party thereto, or uses any artifice to increase the weight of his cotton, corn, or other commodity, with the said intent, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not less than twenty-five dollars, nor more than seventy-five dollars and all costs, and it is hereby made the duty of any and all weighers to report the same to the courts for action, and in case of a refusal of any weigher to make such report, upon conviction of such failure, the said weigher shall be fined as for a misdemeanor, and shall be removed from office.

SECTION 12. All acts and parts of acts in conflict herewith shall be, and the same are hereby repealed, and this act shall take effect and be in force from and after its passage and approval.

Approved March 12, 1897.

Office of

county as

elected same as other county officers.

[blocks in formation]

AN ACT creating the office of county assessor and prescribing his duties.

Be it enacted by the Legislative Assembly of the Territory of
Oklahoma:

SECTION 1. That at the next general election after sessor: to be the passage of this bill, there shall be elected in each county in this Territory, a county assessor, who shall be elected in the same manner, possess the same qualifications and be elected for the same term as the county treasurer, and who shall give a bond in the sum of not less than five thousand dollars, in counties of 5,000 population and less, and in counties of over 5,000 population in any sum not more than ten thousand dollars, said bond to be fixed by the county commissioners, who shall have in addition to the powers granted by this act, all the powers now exercised by township assessors not inconsistent herewith.

Oath of office

and appoint

ment of deputies.

Removal from office

SECTION 2. Every assessor shall take an oath that he will faithfully and impartially discharge the duties of his office, and that he will assess all the property in the county in which he assesses, at what he believes to be its actual cash value, and every assessor may appoint as many deputies as he may find necessary, to be paid out of the fees allowed to such assessor, [and] for whose official acts he shall be responsible, and who shall take the same oath and have the same power and authority as the assessor himself, while employed as such deputy or deputies.

SECTION 3. Every assessor who shall fail to perand appoint form any duty enjoined upon him by law, in the time prescribed, shall be removed from office by the board of county commissioners, who shall appoint another

ment of successor.

in his stead; such new assessor shall take a like oath and give a like bond as required of the first, and the district court shall enter up judgment summarily upon the bond of such delinquent assessor, against him and his sureties, for such amount as shall be sufficient to complete the assessment of the county.

their

SECTION 4. The assessor shall keep a book to be Manner of listing lands known as the land list, which shall contain all the and lots and lands by him assessed, arranged as near as may be in valuation. numerical order, of range, township, section and subdivisions thereof, beginning with the lowest number; and all lots or parcels of land in cities, towns and villages arranged as near as may be by plat, division, sub-division, block and lot in numerical order, in like manner, with the owner's name, if known, opposite thereto in the second column, and his postoffice address in the third. At the close of the list of each congressional township, and of each city block, the assessor shall place all the pieces of land which cannot be properly described by numerical order, briefly describing said tract as to location and amount. The assessor shall place in the fourth column of said book, the assessed valuation of each tract, and in the fifth column the assessed valuation of the improvements, and in the sixth column, the total valuation; in the seventh column, the valuation as adjusted by the county board of equalization, and in the eighth column, the valuation as fixed by the territorial board of equalization, and such other columns may be added as may be useful and convenient in practice.

lists before

SECTION 5. It shall be the duty of each assessor to Correcting correct his land list each year, before beginning his assessing. assessment, by noting thereon all transfers shown by the records of the register's office, and to note thereon such transfers as may be brought to his attention while assessing.

making

assessments.

SECTION 6. The assessor shall keep a book, to be Manner of known as the personal assessment list, which shall personal contain a list of the names of all persons liable to assessment and for poll tax, alphabetically arranged. The first column shall contain the names of the persons liable to taxation; the second, the post office address; the third, the section, township, and range,

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