certificate shall be conclusive evidence of the fact so certified to and be made a part of the return of service, it shall be lawful to serve such company with any and all legal process, by delivering a copy to the Secretary of State, or, in his absence, to any duly appointed and acting Deputy Secretary of State, and such service shall be valid to all intents and purposes; provided, that in all cases of service under this Act, the defendant shall have forty days (exclusive of the day of service) within which to answer or plead, except in cases in the Justice Courts, where the summons shall specify the day and hour for the appearance of the defendant, and shall be made returnable not less than forty nor more than sixty days from the date of issuance thereof, and shall be served at least forty days before the time fixed therein for the appearance of the defendant. This Act shall be construed as giving an additional mode and manner of serving process and as not affecting the validity of any service of process hereafter made, which would be valid under any statute now in force.

When agency is vacant, service to be made on Secretary of State.

Proviso.

Act construed.

Chap. LXXIII.–An Act for the regulation of foreign building and loan societies doing business in the State of Nevada.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  All foreign building and loan societies doing business in the State of Nevada shall pay into the office of the State Insurance Commissioner an annual license of $100.

      Sec. 2.  They shall file with the Insurance commissioner before the 1st day of March of each year an annual statement of all business done by them for the previous year either in Nevada or elsewhere, and the same shall be published as the statements of other corporations.

      Sec. 3.  Any person soliciting business for a foreign building and loan society in this State which has not paid the license mentioned in Section 1 of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof, be fined $100 or confined for fifty days in the county jail or both such fine and imprisonment.

      Sec. 4.  The Insurance Commissioner is authorized to examine into the business of any corporation doing business in Nevada under this Act, but shall not be allowed more than his actual expenses while so doing. His bills for such expenses shall be submitted to the State Board of Examiners, and when allowed the State Controller shall draw his warrant for the same.

Annual license, $100.

Annual statement must be filed.

Penalty for soliciting for unlicensed company.

Insurance Commissioner to examine.

Disposition of moneys.

      Sec. 5.  All moneys received by the General [Insurance] Commissioner under this Act shall be paid into the Insurance [General] Fund.

      Sec. 6.  This Act shall take effect on and after its approval by the Governor.

Controller authorized to sell revenue stamps.

Chap. LXXIV.–An Act to provide for the sale of certain obsolete revenue stamps belonging to the State of Nevada.

[Approved March 7, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The State Controller is hereby authorized to sell the obsolete revenue stamps belonging to the State of Nevada, and deposit all moneys arising from the sale thereof, with the State Treasurer, to the credit of the General Fund.

Preamble.

Chap. LXXV.–An Act ratifying and confirming the granting of a right and franchise by the City of Reno, Nevada, and by the County of Washoe, State of Nevada, unto H. E. Reid, H. J. Gosse, H. J. Darling, and S. H. Wheeler, their successors or assigns, for constructing and operating a street railway over certain streets, avenues and alleys of the City of Reno, and of the Town of Sparks, and over the roads, highways and certain lands between said city and town in Washoe County, State of Nevada.

[Approved March 7, 1905.]

      Whereas, The City of Reno was in the year 1903 duly incorporated and created under and in accordance with the terms and provisions of an Act of the Legislature of the State of Nevada entitled “An Act to incorporate the Town of Reno and to establish a city government therefor, approved March 16, 1903,” and under said incorporation duly elected a Mayor and City Council, which said Mayor and City Council duly qualified and entered upon the discharge of their duties as Mayor and Council of said city during the year 1903, and ever since have been and now are duly discharging the duties as said Mayor and City Council; and

      Whereas, Said Mayor and City Council did, during the year 1904, in accordance with the provisions of said incorporation Act, duly grant in the name of said city unto H. E.

Reid, H. J. Gosse, H. J. Darling, and S. H. Wheeler, their successors or assigns, a right and franchise to construct, maintain, and operate a street railway in, upon and over certain streets, avenues and alleys of said City of Reno; and

      Whereas, The Board of County Commissioners of Washoe County, State of Nevada, during the year 1904, in the name of and for and on behalf of said Washoe County, did grant unto said H. E. Reid, H. J. Gosse, H. J. Darling, and S. H. Wheeler, their successors or assigns, a right and franchise to construct, maintain, and operate a street railway over all the streets, avenues and alleys of the Town of Sparks, in said Washoe County, and over certain roads, highways and lands between the City of Reno and said Town of Sparks; and

      Whereas, Said H. E. Reid, H. J. Gosse, H. J. Darling, and S. H. Wheeler did, during the said year 1904 and after the granting of said right and franchise as aforesaid, duly assign, convey, grant and transfer unto the Nevada Transit Company, a corporation duly organized and existing under the laws of the State of Nevada, all of said rights and franchise granted to them as aforesaid, which said corporation did thereafter, during the year 1904, duly construct and begin the operation of and ever since has been and now is operating a railway over certain of the streets and avenues of said City of Reno and Town of Sparks, and over the roads and highways between said town and city, in accordance with the provisions of the right and franchise granted as aforesaid; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The action of the Mayor and City Council of the City of Reno, in the name of the said City of Reno in the year 1904, and the action of the said Board of County Commissioners for and on behalf of said County of Washoe, State of Nevada, in granting a right and franchise unto H. E. Reid, H. J. Gosse, H. J. Darling, and S. H. Wheeler, their successors and assigns, to construct, maintain, and operate a street railway in, upon, and over certain of the streets, avenues, and alleys of the City of Reno, and the Town of Sparks, in the County of Washoe, State of Nevada, and over certain roads, highways and lands between said city and town, and all actions and things done and performed by the Mayor and City Council of said city and by the Board of County Commissioners of said county, in the name of said city and of said county in connection with the granting of said right and franchise, are hereby sanctioned, ratified, approved, and confirmed.

      Sec. 2.  This Act shall go into effect immediately after its passage.

Preamble.

Previous action of Reno City Council and Washoe County Commissioners confirmed.

Effect.

Churchill County bonds for High School in sum of $1,000 authorized.

Not to run longer than 20 years.

Interest not over 6 per cent.

Proviso.

Denomination of bonds.

Part of principal payable yearly.

Bonds and coupons signed.

Bonds sold at not less than face value.

Churchill County Special High School Fund.

Chap. LXXVI.–An Act authorizing and directing the Board of County Commissioners of Churchill County, State of Nevada, to issue bonds for the purpose of providing means to establish, construct and maintain a County High School in the Town of Fallon, County of Churchill, State of Nevada.

[Approved March 4, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Churchill County, State of Nevada, is hereby authorized and directed under the provisions of this Act to issue bonds of said county, bearing interest at the rate not exceeding six (6) per cent per annum, for a sum not exceeding ten thousand ($10,000) dollars, none of which bonds shall run for a period longer than twenty years from the first day of January, 1907; provided, that a majority of the legal and qualified electors of said county voting at any election shall vote to establish, construct and maintain a County High School in said county at any general or special election held therefor, in accordance with and pursuant to an Act of the Legislature of said State entitled “An Act permitting the establishment of County High Schools in the various counties of this State, and providing for the construction, maintenance and management of the same,” approved March 4, 1895.

      Sec. 2.  Said bonds shall be issued for sums not less than five hundred ($500) dollars each, in lawful money of the United States, and shall be payable to bearer and the interest thereon shall be payable annually, and coupons for such installments of interest shall be attached to said bonds.

      Sec. 3.  The principal of said bonds shall be payable to the amount of five hundred dollars each year, commencing with the first day of January, 1907.

      Sec. 4.  The bonds and coupons herein provided for shall be signed by the Chairman of said Board of County Commissioners and countersigned by the Clerk of said Board and said Clerk shall attach thereto the county seal.

      Sec. 5.  The said Board of County Commissioners is hereby directed and authorized at any time or times to negotiate the sale of and sell said bonds or such number thereof as may be necessary to carry out the purposes for which said bonds are authorized to be issued and sold at not less than the face value thereof.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid to the County Treasurer of said county, and said Treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the Churchill County Special High School Fund, and pay out said moneys only in the manner now required by law for the payment of the same, and for the purposes for which the same were received.

      Sec. 7.  The said Board of County Commissioners is hereby authorized and directed to use said moneys arising from the sale of said bonds in establishing, constructing, equipping and furnishing said County High School building in the Town of Fallon, and when so constructed, equipped and furnished, the Trustees of said High School are authorized and directed to use any balance thereof in running and maintaining said school in accordance with and pursuant to the said law permitting the establishment, maintenance and management of High Schools in the various counties of this State.

      Sec. 8.  The said County Treasurer shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands, under the provisions of this Act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 9.  For the purpose of providing for the payment of said bonds and the interest thereon as they become due, the Board of County Commissioners is hereby authorized and directed on or before the first Monday in April, 1906, and annually thereafter at the time of making the levy of taxes for State and county purposes, to levy upon all the taxable property of said Churchill County a tax of an amount not exceeding ten cents on each one hundred dollars of all property subject to taxation, according to law and the assessed valuation thereof sufficient to pay the principal and interest of said bonds issued under the provisions of this Act which will become due on the first day of the ensuing January. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby created and known as the Churchill County High School Bond Redemption Fund, and the money in said fund shall be paid out by the said County Treasurer in the payment of the principal and interest of said bonds as the same becomes due upon presentation and surrender of said bonds and coupons to the said County Treasurer at his office. The said County Treasurer shall be liable on his official bond for the safe keeping of the money which shall come into the said High School Bond Redemption Fund, and for the faithful discharge of all his duties in relation thereto.

      Sec. 10.  Should the holder of said bonds or any part thereof, for any cause whatever, fail to present said bonds to said County Treasurer for payment as they become due, all interest shall thereafter immediately stop.

      Sec. 11.  Should any money remain in said High School Bond Redemption Fund at the end of any year after paying the interest and bonds due for such year, the same shall remain in said fund and be applied to the payment of bonds an interest thereafter to become due, and all moneys remaining in said fund after the payment of all of said bonds, and all interest due thereon, shall be transferred by said Board of County Commissioners to the County High School Fund of said county and used and applied for the purposes of said County High School.

Commissioners to construct and furnish building in Fallon.

Treasurer liable.

Providing for payment of bonds and interest.

Tax.

Churchill County High School Bond Redemption Fund.

Interest to cease.

Residue, how applied.

In effect.

of said county and used and applied for the purposes of said County High School.

      Sec. 12.  This Act shall take effect from and after its passage.

Tonopah School House bonds in sum of $15,000.

Denominations.

Annual interest, 6 per cent.

To run no longer than 15 years.

Tonopah District School Building Fund.

Chap. LXXVII.–An Act to authorize the Trustees of Tonopah School District to issue bonds for the purpose of creating a fund for the erection of public school buildings in the Town of Tonopah, Nye County, Nevada.

[Approved March 7, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of providing funds for the purchase of a suitable lot of land conveniently located, and for the erection of a school house, with necessary out-houses and appurtenances thereon, in the Town of Tonopah, County of Nye, the Board of School Trustees of Tonopah School District, County of Nye, are hereby authorized an required to issue bonds in the name of said School District, in a sum not exceeding fifteen thousand dollars, gold coin of the United States, and to pledge the good faith and credit of said School District for the payment of both principal and interest of the same. Such bonds shall be known as “Tonopah School House Bonds.” The said School Trustees shall cause the bonds to be prepared and ready for use on the tenth day of April, nineteen hundred and five; said bonds shall be of the denominations of one hundred, two hundred, three hundred, five hundred and one thousand dollars each, and shall each purport and state upon the face thereof that Tonopah School District, in Nye County, State of Nevada, is indebted to the holder, in gold coin of the United States, in the sum therein stated, with interest at a rate not exceeding six per centum per annum from and after the date of issuance, interest payable annually on the ninth day of April, nineteen hundred and six, and each year thereafter, said interest to be paid at the office of the County Treasurer of said county. None of said bonds shall run for a longer period than fifteen years.

      Sec. 2.  When the bonds herein provided for are so prepared and ready for issuance, the said Board of School Trustees shall cause the same to be sold at a price not less than their par value, and the proceeds arising from the sale thereof shall be paid into the treasury of Nye County. The County Treasurer is hereby required to receive and safely keep the same in a fund to be known as “Tonopah District School Building Fund,” and to be paid out only for the purposes herein stated, on claims therefor, duly verified, which shall be allowed and ordered paid by the said Board of School Trustees, certified to, and further allowed and ordered paid by the Board of County Commissioners of said county, and duly audited by the County Auditor and upon his warrants drawn therefor upon said fund.

poses herein stated, on claims therefor, duly verified, which shall be allowed and ordered paid by the said Board of School Trustees, certified to, and further allowed and ordered paid by the Board of County Commissioners of said county, and duly audited by the County Auditor and upon his warrants drawn therefor upon said fund.

      Sec. 3.  Said Board of School Trustees shall keep a register of all bonds issued under the provisions of this Act, and shall note therein the number, date, amount and maturity of each. The Auditor and Treasurer of said county shall each keep a similar register. All of said bonds shall be signed by the Chairman and Clerk of said Trustees and countersigned by the Treasurer and Auditor of said county, with the seal of the said Auditor impressed thereon; and shall have attached thereto coupons for the payment of each installment of interest, which shall be numbered and shall respectively express the amount of interest due and when payable, and shall be signed and sealed in the same manner and by the same officers as herein provided for the signing and sealing of said bonds.

      Sec. 4.  One-half of the principal of such bonds as may be issued under authority of this Act, shall be due and payable on the tenth day of April, nineteen hundred and thirteen, and the other half shall be due and payable on the tenth day of April, nineteen hundred and twenty, and the whole thereof shall be paid at the office of the County Treasurer of said county.

      Sec. 5.  For the purpose of providing for the payment of the annual interest upon the bonds issued under this Act, there shall be levied upon and collected from all of the property of said School District, including the net proceeds of mines, for the year nineteen hundred and five and each year thereafter until and including the year nineteen hundred and nineteen, such special tax as in the judgment of the Board of County Commissioners of said county will produce a sufficient amount of money necessary to pay the interest on said bonds, as herein provided; and the money collected and received from such tax shall be paid into the county treasury, and kept by the Treasurer, in a fund to be known as “Tonopah School District Interest Fund,” and the moneys in said fund, or so much thereof as may be necessary, shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due upon presentation and surrender, by the holder of the bonds and coupons therefor; the surplus, if there be any, shall annually be placed in a fund for the redemption and payment of the principal sum of said bonds when due which shall be known as “Tonopah Public School Bond Fund.”

      Sec. 6.  When interest shall be paid upon said bonds, the coupon or coupons representing the same, as hereinbefore provided, shall be separated from the bond or bonds, delivered to and canceled by the County Treasurer, who shall thereby retire the same and make a note thereof on the register of bonds kept by him in his office.

Register of bonds to be kept.

Principal, when payable.

Interest provided for.

Tonopah School District Interest Fund.

Tonopah Public School Bond Fund.

Coupons canceled.

Providing for payment of principal.

Annual special tax.

Treasurer’s duties.

Taxes, how collected.

retire the same and make a note thereof on the register of bonds kept by him in his office.

      Sec. 7.  To provide for the payment of one-half of the principal of said bonds to become due on the tenth day of April, nineteen hundred and thirteen, a special tax, in addition to the said special tax to pay interest on said bonds, for the year nineteen hundred and five and each year thereafter to and including the year nineteen hundred and thirteen, there shall be levied upon and collected from all the property in said School District including the net proceeds of mines, a special tax sufficient to produce the amount of money necessary to pay the said one-half of the principal of said bonds to become due on said tenth day of April, nineteen hundred and thirteen. The money collected and received from such tax shall be paid into the county treasury and placed in said Tonopah Public School Bond Fund, and shall be applied to the payment of said one-half of the principal of said bonds to become due on the tenth day of April, nineteen hundred and thirteen, and said bonds shall be paid when due upon surrender, by the holders thereof, to the County Treasurer, who shall cancel the same by writing across the face thereof the word “Paid” and the date of payment, together with his signature.

      Sec. 8.  For the year nineteen hundred and thirteen and each year thereafter to and including the year nineteen hundred and nineteen, there shall be levied and collected from all the property in said School District, including the net proceeds of mines therein (in addition to the special tax to pay interest on said bonds), a special tax sufficient to produce an amount of money necessary to pay the remaining one-half of the principal of said bonds to become due on the tenth day of April, nineteen hundred and twenty, and the money arising therefrom shall be paid into the county treasury and placed in said Tonopah Public School Bond Fund and applied to the payment of said remaining one-half of the principal of said bonds, and when paid said bonds shall be surrendered and canceled as hereinbefore provided.

      Sec. 9.  Whenever any coupons or bonds shall be paid and canceled as herein provided, the Treasurer shall safely keep them until delivered by him to the Auditor as legally required.

      Sec. 10.  All taxes required by this Act to be levied, assessed, collected and paid into the county treasury of said Nye County shall be levied, assessed, collected and paid into said treasury at the same time, and in the same manner and by the same officer as State and county taxes are levied, assessed, collected and paid into said county treasury, and no additional allowance, fees or compensation whatever shall be paid to any officer for carrying out the provisions of this Act.

Chap. LXXVIII.–An Act authorizing the appointment of extra Deputy Sheriffs in and for Lincoln County, Nevada, fixing their salaries and other matters relating thereto.

[Approved March 8, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Sheriff of Lincoln County, Nevada, is hereby authorized to appoint one, or more, but not to exceed four extra Deputy Sheriffs for Lincoln County, Nevada, whose compensation shall be one hundred dollars per month for each extra Deputy Sheriff so appointed; provided, that in the judgment of the Board of County Commissioners, the public needs and best interests of the county require the application of the provisions of this Act.

      Sec. 2.  Allowances for compensation of extra Deputy Sheriffs appointed under the provisions of this Act shall be made monthly, and paid in the same manner as other county officers of Lincoln County are now paid.

Extra Deputy Sheriffs in Lincoln County.

Proviso.

Salaries paid monthly.

Chap. LXXIX.–An Act to authorize the School Trustees of Elko School District No. 1, in Elko County, State of Nevada, to issue bonds for the purpose of building a new school house or providing additional school room for said School District.

[Approved March 7, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of Trustees of Elko School District No. 1, in Elko County, State of Nevada, are hereby authorized, under the provisions of this Act, to issue bonds bearing interest not to exceed six (6) per cent per annum for a sum not to exceed twenty thousand dollars in United States gold coin, none of which bonds shall run for a period longer than twenty (20) years from the date thereof.

      Sec. 2.  Said bonds shall be issued for sums not less than one hundred dollars each in gold coin, and shall be sold at not less than par value, and shall be payable to bearer, and the interest thereon shall be payable annually, and coupons of each installment of such interest shall be attached to each of said bonds.

      Sec. 3.  The Board of Trustees of said School District are hereby authorized, when in their judgment they deem it advisable, to build a new school house, or one or more school rooms for said district in addition to those now in use, to call an election for the purpose of providing means therefor. Such election shall be called in the manner provided by law for calling elections for the purpose of raising money for similar purposes in school districts, and if a majority of the votes cast at said election in said district by the persons qualified to vote at said election shall vote to carry out the recommendations of said Board of Trustees, then the said Board shall proceed to issue the bonds herein provided for in this Act, but before doing so said Board of Trustees shall certify the result of said election to the Board of County Commissioners of said county.

Elko County school bonds.

Sum, $20,000.

Interest, 6 per cent.

Time, 20 years.

Denomination.

Trustees to call special election.

Under certain conditions, only $5,000 bonds to be issued.

Bonds and coupons to be signed.

School District No. 1 Building Fund.

Providing for payment of interest.

School District No. 1 Interest Fund.

similar purposes in school districts, and if a majority of the votes cast at said election in said district by the persons qualified to vote at said election shall vote to carry out the recommendations of said Board of Trustees, then the said Board shall proceed to issue the bonds herein provided for in this Act, but before doing so said Board of Trustees shall certify the result of said election to the Board of County Commissioners of said county.

      Sec. 4.  Should the majority of the votes cast at said election be in favor of improving and adding to the present school building in said district instead of building a new school house, then, and in that event, the said Board of Trustees are hereby authorized to issue bonds bearing interest not to exceed six (6) per cent per annum for a sum not to exceed five thousand ($5,000) dollars in United States gold coin, none of which said bonds shall run for a period longer than five years from the date thereof, and to be issued as provided for in Section 2 of this Act.

      Sec. 5.  The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees and countersigned by the County Treasurer of said Elko County, State of Nevada.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid into the county treasury, and the County Treasurer is hereby required to receive, and safely keep the same in a fund to be known as the School District No. 1 Building Fund, and to pay out the money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Elko County. The County Treasurer shall be liable, on his official bond, for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 7.  For the purpose of providing for the payment of the interest upon said bonds the Board of County Commissioners of said Elko County are hereby authorized and required at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and six, and annually thereafter, to levy upon the property of said School District such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the county treasury and kept by the Treasurer in a fund to be known as the School District No. 1 Interest Fund, and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupon therefor.

      Sec. 8.  To provide for the payment of the bonds herein authorized to be issued, the said Board of County Commissioners shall, in the year nineteen hundred and six, and annually thereafter, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property situated within said School District No.

authorized to be issued, the said Board of County Commissioners shall, in the year nineteen hundred and six, and annually thereafter, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property situated within said School District No. 1, sufficient in their judgment to raise the sum of one thousand dollars each year, which shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him assigned to the General Fund of said county. At the maturity of said bonds, they shall be paid by the County Treasurer out of the General Fund of the county, upon the presentation and surrender of said bonds. If the tax, so as aforesaid levied, for the redemption of said bonds, shall exceed the sum of one thousand dollars a year, whenever the aggregate amount of money so collected shall equal the full sum necessary to redeem said bonds the tax hereby authorized for such purpose shall cease, and should there be any excess over and above the amount required to carry out the provisions of this Act, the amount of such excess shall be transferred to the School Fund of said district. Should the amount of said tax realized be less than the amount necessary for the redemption of said bond, they shall, nevertheless, be redeemed and paid out of said General Fund, as herein provided, and a special tax shall be levied by the County Commissioners, upon the property within said School District for the year in which the last bond shall fall due, sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner, and paid into the General Fund of said county.

Providing for payment of bonds.

Special annual tax.

Excess, how used.

Deficit, how met.

Chap. LXXX.–An Act to amend section one of an Act entitled “An Act to define the rights and responsibilities of owners of telephone lines in the State of Nevada,” approved March 1, 1897.

[Approved March 8, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section one of the above-entitled Act is hereby amended so as to read as follows:

      Section 1.  All persons or corporations owning telephone lines now in operation, or who may hereafter construct and operate such lines in the State of Nevada, shall be entitled to all the rights and privileges and be subject to all the restrictions and responsibilities provided for in an Act entitled “An Act for the regulation of the telegraph, and to secure secrecy and fidelity in the transmission of telegraphic messages,” approved February 16, 1864, and in an Act entitled “An Act to provide for constructing and maintaining telegraph lines in the State of Nevada,” approved February 9, 1866, and all

Rights and restrictions of telephone companies.

Acts and parts of Acts amendatory of or supplementary to said two Acts mentioned herein, so far as the same shall be applicable to telephone companies.

Bonds in sum of $6,000 authorized.

To run no longer than 15 years.

Denomination.

Principal, how paid.

Bonds and coupons to be signed.

Ely Fire Department Fund

Chap. LXXXI.–An Act to authorize and require the Board of County Commissioners of White Pine County, State of Nevada, to issue bonds on the property of the Town of Ely, in said county, for protection against fire, and matters relating thereto.

[Approved March 8, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of providing protection against fire in the Town of Ely, the Board of County Commissioners of White Pine County, State of Nevada, is hereby authorized and required to, within sixty (60) days from and after the approval of this Act, prepare and issue bonds for a sum not exceeding six thousand ($6,000) dollars, in United States gold coin, none of which said bonds shall be issued for a period not longer than fifteen (15) years from the date thereof.

      Sec. 2.  Said bonds shall be issued for sums not less than one hundred ($100) dollars each, shall be numbered consecutively, and shall bear interest at a rate not to exceed six per centum per annum, which said interest shall be payable annually, at such annual date as the Board of County Commissioners shall fix at the time of issuing said bonds, the coupons for such payment of interest to be attached to each of said bonds, said coupons to be numbered consecutively and signed by the Chairman of said Board, and the County Treasurer, said bonds shall purport that there is due the holder thereof, from the County of White Pine, State of Nevada, a sum of money to be expressed therein.

      Sec. 3.  The principal of said bonds shall be made payable as follows: Four hundred ($400) dollars of said bonds shall be made payable January first, A. D. one thousand nine hundred six (1906), and the remainder shall be made payable in annual payments of four hundred ($400) dollars thereafter, none of which bonds shall run for a longer period than fifteen (15) years from the date thereof.

      Sec. 4.  The bonds and coupons herein provided for shall be signed by the Chairman of the Board of County Commissioners and the County Treasurer, countersigned by the County Clerk and authenticated with the county seal of said White Pine County.

      Sec. 5.  Said bonds shall be sold at not less than their par value, and all moneys received from the sales thereof shall be paid into the county treasury, and the County Treasurer of White Pine County is hereby required to receive and safely keep the same in a fund to be known as the “Ely Fire Department Fund,” and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of County Commissioners.

ment Fund,” and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of County Commissioners. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto.

      Sec. 6.  The boundaries of said Town of Ely for the purposes of this Act shall be, and are hereby made, as follows: The south one-half (S 1/2) of Section Sixteen (16) and the northwest one-quarter (NW 1/4) of Section Twenty-one (21) Township Sixteen North (16 N), Range Sixty-three East (63 E), M. D. B. and M.

      Sec. 7.  For the purpose of providing for the payment of the interest upon said bonds, the Board of County Commissioners of said White Pine County, Nevada, is hereby authorized and specifically required, at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and five (1905), and annually thereafter, until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Ely such tax as in their judgment will, for the year nineteen hundred and five (1905) and for each year thereafter, produce the amount of money necessary to pay the interest on said bonds as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes, shall be paid into the county treasury and kept by the Treasurer in a fund to be known as the “Ely Fire Department Interest Fund,” and the money in said fund shall be disbursed by the Treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupons therefor.

      Sec. 8.  For the purpose of providing for the payment of the bonds hereby authorized and required to be issued, the Board of County Commissioners of White Pine County is hereby authorized and specifically required, at the time of the annual levy of taxes for the year nineteen hundred and five (1905), and annually thereafter until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Ely a tax sufficient to raise the sum of four hundred ($400) dollars for the year nineteen hundred and five (1905) and for each year thereafter, sufficient to pay the principal of said bonds, issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and by the County Treasurer assigned to the General Fund of said White Pine County. At the maturity of said bonds they shall be paid by the County Treasurer out of the General Fund of said county, upon the presentation and surrender of said bonds. If the tax so aforesaid levied for the interest on, and the redemption of, said bonds should exceed the sum of four hundred ($400) dollars a year, whenever the aggregate amount of money collected shall equal the full sum necessary to redeem all of said bonds outstanding and unredeemed, the tax hereby authorized for said purpose shall cease, and, should there be any excess over and above the amount necessary for the redemption of all unredeemed bonds and the payment of all interest thereon, the amount of such excess shall remain in or be transferred to the said “Ely Fire Department Fund,” to be used for the purpose of maintaining the system of fire protection authorized by this Act to be installed.

Boundaries of Town of Ely.

Providing for payment of interest.

Ely Fire Department Interest Fund.

Providing for payment of bonds.

Annual special tax.

Tax to cease, when.

Excess, how used.

Deficit, how met.

Special tax.

Clerk to keep record.

Treasurer’s duties.

Interest to cease.

Proviso.

Commissioners to fully equip.

Disposition of remaining funds.

exceed the sum of four hundred ($400) dollars a year, whenever the aggregate amount of money collected shall equal the full sum necessary to redeem all of said bonds outstanding and unredeemed, the tax hereby authorized for said purpose shall cease, and, should there be any excess over and above the amount necessary for the redemption of all unredeemed bonds and the payment of all interest thereon, the amount of such excess shall remain in or be transferred to the said “Ely Fire Department Fund,” to be used for the purpose of maintaining the system of fire protection authorized by this Act to be installed. Should the amount of said tax realized up to and including the year nineteen hundred and twenty (1920) be less than the amount necessary for the redemption of all outstanding and unredeemed bonds, and the payment of the interest accrued thereon, they shall nevertheless be redeemed and paid out of the General Fund as herein provided, and a special tax shall be levied by the Board of County Commissioners upon the property within said Town of Ely for the year nineteen hundred and twenty-one (1921) sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner and paid into the General Fund of said White Pine County.

      Sec. 9.  The County Clerk shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond, and to whom issued.

      Sec. 10.  Whenever the County Treasurer shall pay any of the bonds authorized by this Act, or the coupons for interest thereon, he shall cancel the same by writing across the face thereof the word “Paid,” together with the date of such payment, sign his name thereto and file the same in his office. The interest on the bonds authorized to be issued by this Act shall cease to run whenever the bonds, by the terms thereof, become due and payable; provided, that, at the time such bonds become due and payable, there are funds on hand to meet the payment thereof.

      Sec. 11.  If, after the completion of said plant and system and the payment therefor, there remain anything to be furnished said system to fully equip the same for immediate use, said Board of County Commissioners shall immediately furnish such items of equipment as may be necessary, the cost of same to be paid out of said “Ely Fire Department Fund,” and the claims therefor to be allowed, audited and paid as claims against the county are allowed, audited and paid.

      Sec. 12.  If, after the full completion of said system of fire protection, there remain any moneys in said “Ely Fire Department Fund,” seventy-five per centum (75 per cent) of the moneys so remaining shall be transferred to the General Fund of said White Pine County, and the amount so transferred shall be applied to the redemption of bonds authorized by this Act to be issued; and the other twenty-five per centum (25 per cent) so remaining in said fund shall be retained therein for the maintenance of said system.

(25 per cent) so remaining in said fund shall be retained therein for the maintenance of said system.

      Sec. 13.  The expense of preparing and issuing the bonds provided for by this Act shall be paid out of the General Fund of White Pine County, and, after the sale of said bonds, an amount sufficient to reimburse said General Fund shall be transferred thereto from said “Ely Fire Department Fund.”

      Sec. 14.  The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue hereof shall have been paid in full.

      Sec. 15.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Preparation of bonds.

Faith of State pledged.

Repeal.

Chap. LXXXII.–An Act to authorize the County Commissioners of Washoe County, Nevada, to issue bonds to provide for the removal and reconstruction of what is known as the Iron Bridge in the City of Reno, to some other point within said city, to construct a new bridge across the Truckee River in said city, and to construct and repair other bridges within said county, and to provide for the payment of the same.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of removing and reconstructing at some other point across the Truckee River within the limits of the City of Reno, what is known as the Iron Bridge, and for the purpose of constructing a new bridge at the Virginia-Street crossing of said river in said city, and for the purpose of building and repairing other necessary bridges within said Washoe County, the County Commissioners of Washoe County are hereby authorized, empowered and directed, within thirty days after the passage of this Act, to issue bonds in the name of said County of Washoe, not to exceed in amount sixty thousand ($60,000) dollars, which bonds shall be known as “The Washoe County Bridge Bonds.”

      Sec. 2.  The said Commissioners shall cause said bonds, or as many thereof as they may deem necessary to be prepared, and they shall be signed by the Chairman of the Board, countersigned by the County Clerk, and authenticated with the seal of the county. Coupons representing the several installments of interest to fall due thereon, shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively, and signed by the County Treasurer.

      Sec. 3.  The said Commissioners are hereby authorized to negotiate the sale of said bonds at not less than their face or par value, the proceeds of which shall be placed in what shall be known as “The Washoe County Bridge Fund,” and shall be used only for the purpose of carrying out the provisions of this Act.

Washoe County Bridge bonds.

Sum not to exceed $60,000.

Preparation of bonds.

Washoe County Bridge Fund

Denomination.

Annual interest, 5 per cent.

Redemption.

Providing for payment of bonds and interest.

Annual special tax.

Interest to cease.

Specifications as to new bridge.

be known as “The Washoe County Bridge Fund,” and shall be used only for the purpose of carrying out the provisions of this Act. It shall be paid out only on warrants drawn by the County Auditor in payment of bills contracted in pursuance of the provisions of this Act.

      Sec. 4.  The said bonds shall be of the denomination of one thousand ($1,000) dollars each; they shall be numbered consecutively, and shall bear interest at the rate of not to exceed five per cent per annum, said interest payable on the second Monday of January of the second succeeding year in which such bonds, or any of them shall have been issued, and every twelve months thereafter; and on the second Monday of January, A. D. 1910, and every twelve months thereafter, one or more of said bonds shall be redeemed and paid, until all of said bonds so issued, shall have been fully taken up and satisfied.

      Sec. 5.  To provide for the payment of the said bonds and the interest thereon, herein authorized to be issued, the said Board of County Commissioners shall in the year 1906, and annually thereafter, at the time of levying taxes for State and county purposes, and in the same manner levy a special and additional tax upon all the property within Washoe County, sufficient to their judgment, to provide for the payment of the interest annually due on said bonds; and in the year 1909 and annually thereafter, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property within Washoe County, sufficient in their judgment to provide for the payment of the principal of one or more of said bonds, and shall every year thereafter redeem, take up and pay one or more of the bonds herein directed to be annually so taken up, redeemed and paid. The said taxes shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him placed in the Washoe County Bridge Fund. At the maturity of said bonds and the coupons thereon they shall be paid by the County Treasurer out of the said Washoe County Bridge Fund, and shall thereupon be canceled and marked paid by the County Treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The new bridge to be constructed under the provisions of this Act shall be placed at the Virginia-Street crossing of the Truckee River, in the City of Reno, and shall be of a uniform width of eighty (80) feet; it shall have a sidewalk or walk-way on either side thereof, at least ten (10) feet in width; it shall have two driveways for carriages, each of which shall not be less than twenty-four (24) feet in width, and through the center thereof there shall be a carway or trackway, for the use of street cars, twelve (12) feet in width, and the Board of County Commissioners of Washoe County are hereby authorized to let or rent the said space for streetcar purposes, to any company or companies, firms, individuals or corporations, for any term of years, for an annual rental of not exceeding one per cent of the actual total cost of construction of said bridge; the amount so received for the rental of said portion of said bridge to be paid to the County Treasurer of Washoe County, and by him placed in the said Washoe County Bridge Fund, and to be applied in the payment of the interest on the bonds herein provided for.

are hereby authorized to let or rent the said space for streetcar purposes, to any company or companies, firms, individuals or corporations, for any term of years, for an annual rental of not exceeding one per cent of the actual total cost of construction of said bridge; the amount so received for the rental of said portion of said bridge to be paid to the County Treasurer of Washoe County, and by him placed in the said Washoe County Bridge Fund, and to be applied in the payment of the interest on the bonds herein provided for.

      Sec. 7.  The Mayor of the City of Reno, the Board of County Commissioners of Washoe County, and the City Council of the City of Reno are hereby constituted a Board of Directors, whose duty it shall be within thirty days after the passage of this Act:

      First-To meet and determine at which point on the Truckee River the iron bridge now spanning the said river shall be placed and rebuilt; provided, that such iron bridge shall be placed or rebuilt at a point on the river within the city limits of Reno, the question of the greatest economy in the construction of said bridge and the convenience to the greatest number of people and general traffic to govern the decision of said Board of Directors.

      Second-To meet and determine of what kind of material, whether of iron, steel, wood, cement, concrete or stone, the new bridge across the Truckee River at the Virginia-Street crossing in the said City of Reno shall be constructed.

      Sec. 8.  The Chairman of the Board of County Commissioners of Washoe County, the Mayor of the City of Reno, and such person as said Board of County Commissioners and the City Council of the City of Reno shall, at a joint meeting of said Board and City Council, select, are hereby constituted a Construction Board whose duty it shall be to forthwith proceed to remove and reconstruct what is known as the Iron Bridge in the City of Reno, at some point to be selected as in Section 7 of this Act provided. They shall also forthwith proceed to construct and complete the new bridge at the Virginia-Street crossing, in compliance with the provisions of this Act, and said Board is hereby granted full power and authority to do and perform each and every act which may be found necessary to be done and performed, in order to fully carry out the intent of this Act. Should a vacancy occur at any time in said Construction Board, or any one or more thereof refuse to act, the District Judge of the Second Judicial District of the State of Nevada, and on the failure or refusal of the Judge to act, the Mayor of the City of Reno, is hereby directed to forthwith fill said vacancy, by appointing a competent citizen of the City of Reno, to serve as such member of said Board. The members of said Construction Board shall serve without compensation, except that one of said Board shall be elected by the members thereof as supervising architect of the construction of said bridges, and shall receive as compensation therefor, such per diem as may be allowed by the Board, which compensation shall be allowed and paid out of the General Fund of Washoe County, and out of the General Fund of the City of Reno, share and share alike, as other bills against the said county and the said city respectively are allowed and paid.

Commissioners to rent car-way.

Board of Directors constituted.

To fix location of bridge.

To determine what material.

Board of Construction constituted.

Duties of said Board.

County and city to pay equally.

Publication required.

Plans.

Present law made applicable.

Payment of claims.

Disposal of residue.

bridges, and shall receive as compensation therefor, such per diem as may be allowed by the Board, which compensation shall be allowed and paid out of the General Fund of Washoe County, and out of the General Fund of the City of Reno, share and share alike, as other bills against the said county and the said city respectively are allowed and paid.

      Sec. 9.  As soon as practicable after the meeting and organization of the said Construction Board, they shall advertise in two daily papers published in the City of Reno, for the period of two weeks, for plans and specifications for the construction of the said new bridge, and they are hereby authorized to pay the sum of one hundred and fifty ($150) dollars for the plans and specifications accepted.

      Sec. 10.  All the laws in force governing the letting of contracts by the Board of County Commissioners of this State are hereby made applicable to and shall govern the Board hereby created in all their official acts.

      Sec. 11.  All bills contracted by the said Board of Construction, as herein created, in carrying out the provisions of this Act, shall first be approved by the majority of the said Construction Board, and shall then be allowed by the Board of County Commissioners of Washoe County, and paid as other bills are presented, allowed and paid.

      Sec. 12.  All moneys remaining from the sale of the said bonds, after paying for the removal and reconstruction of what is known as the Iron Bridge, and the construction of the new bridge at the Virginia-Street crossing, shall remain in the Washoe County Bridge Fund, and shall be used as necessity requires in rebuilding, repairing and constructing bridges in Washoe County, under the supervision and control of the County Commissioners of said county.

City of Sparks constituted.

Boundaries defined.

Chap. LXXXIII.–An Act to incorporate the Town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  That on and after the passage and approval of this Act, and for the uses and purposes hereinafter mentioned, the inhabitants of that portion of Washoe County, Nevada, embraced within the limits hereafter set forth, shall be and constitute a body politic and corporate, by the name and style of the “City of Sparks,” and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of said city shall include all the inhabitants, lands, tenements and property embraced within the southwest quarter of section four; the south half of section five; the south half of the southeast quarter of section six; the northeast quarter of section seven; the north half of section eight; using as the southern boundary of this portion what is now known as Glendale Avenue; and the northwest quarter of section nine; all in township nineteen north, range twenty east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time hereafter be embraced or included within established limits of said city as hereinafter provided.

lands, tenements and property embraced within the southwest quarter of section four; the south half of section five; the south half of the southeast quarter of section six; the northeast quarter of section seven; the north half of section eight; using as the southern boundary of this portion what is now known as Glendale Avenue; and the northwest quarter of section nine; all in township nineteen north, range twenty east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time hereafter be embraced or included within established limits of said city as hereinafter provided.

      Sec. 2.  The said city may have and use a common seal and the same alter at pleasure; and may purchase, receive, hold and enjoy real and personal property within or without the city; and sell, convey, and dispose of the same for the common benefit; and may determine and declare what are public uses, and when the necessity exists of condemning lands thereof; and what are the lands necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property, within and without the city, in fee simple or in trust for charitable or other purposes and do any acts and things necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, gift or trust.

      Sec. 3.  The City of Sparks shall be divided into three wards, as follows: All that portion of the territory embraced within the limits of said city, between the east and west boundaries thereof, and lying south of Harriman Avenue and any of its extensions, shall be and is hereby established as the First Ward. All that portion lying north of Harriman Avenue and any of its extensions, and east of Monroe Street and any extension thereof, shall be and is hereby established as the Second Ward. All that portion lying north of Harriman Avenue and any of its extensions, and west of Monroe Street and any extension thereof, shall be and is hereby established as the Third Ward; the exact boundary line in all cases to be computed from the center of said avenue or street as the case may be, measuring from side to side.

Executive Department.

      Sec. 4.  The corporate powers of the city, except as hereinafter stated, shall be vested in a Mayor and City Council. The Mayor shall be an actual and bona fide resident, elector and taxpayer in the city, and he shall be chosen by the qualified electors thereof whose names appear upon the official register as hereinafter provided, and who are actual bona fide residents of and within the limits of said city. The Mayor shall serve for a term of two years from and after the date of his election and qualification, and until his successor shall have been duly elected and qualified. He shall be the Chief Executive of the city and must exercise a careful supervision over its general affairs.

Boundaries.

Seal of city.

Rights and powers.

Wards described.

Mayor and Council.

Qualifications.

Term.

Duties.

To count funds monthly.

Power to suspend officers.

To preside over Council.

To vote, when.

Veto power.

Proviso.

Executive of the city and must exercise a careful supervision over its general affairs. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof with which they execute their official duties, and especially in respect to the collection, administration and disbursement of the public funds, and all books, papers, records and documents of said city shall at all times be open to his inspection, and any official misconduct or willful neglect of duty shall be reported by him to the Council. He shall, from time to time, give the Council information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city. He shall see that all the general laws and ordinances of said city are observed and enforced, and shall take all proper measures for the preservation of public peace, order and the suppression of riots, tumults and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily, and to use and command the police force, or if the same be inadequate, it shall be his duty to call upon the Governor for military aid, in the manner provided by law.

      Sec. 5.  The Mayor, with the City Clerk or some member of the Council, shall at least once each month, count the cash in the city treasury and see that such count corresponds with the books of the Treasurer, and report the result to the Council. He shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. He shall have the power to suspend any appointive officer for dereliction, neglect or non-performance of duty, and report such action and cause therefor, to the Council, at the first subsequent regular meeting, and if the Council by a majority vote approve the suspension, such office shall be declared vacant. If a majority vote be against such approval, such suspension shall be revoked.

      Sec. 6.  The Mayor shall preside over the Council when in session and shall preserve order and decorum among the members and enforce the rules of the Council and determine the order of business, subject to such rules and to appeal to the Council. He shall not be entitled to a vote except in case of a tie when he shall have a casting vote, except as provided in Section 12 of this charter. He may exercise the right of veto upon all matters passed by the Council except claims against the city, and it shall require unanimous vote of the whole Council to pass any matter receiving the Mayor’s veto. No resolution or contract requiring the payment of money, or any ordinance, shall go into force or have any effect until approved by the Mayor; provided, if the Mayor do not approve such resolution, contract or ordinance so submitted, he must within five days from the receipt thereof, return the same to the City Clerk with his reasons for not approving it, in writing and if the Mayor do not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law, in like manner and with the same effect as if the same had been approved by the Mayor.

the City Clerk with his reasons for not approving it, in writing and if the Mayor do not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law, in like manner and with the same effect as if the same had been approved by the Mayor.

      Sec. 7.  The Mayor shall in addition to the duties herein provided for, sign all licenses and warrants and claims against the city and perform such other duties as the Council shall prescribe by ordinance. A Mayor pro tem. shall be elected by the Council from among its members as soon after its organization as practicable and in case of the absence of the Mayor or his inability to act, the Mayor pro tem. shall preside over the Council in the same manner and with the like effect as the Mayor; provided, that the restrictions upon the right of the Mayor to vote shall not apply to the Mayor pro tem. while acting as Mayor.

      Sec. 8.  The Mayor shall, subject to confirmation by the Council, appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law. The Mayor must nominate such appointments to the Council at the first subsequent meeting and in case the person so nominated is not confirmed by a majority vote, the Mayor shall nominate another and so on until the place is filled.

      Sec. 9.  The Mayor shall receive such salary as the Council shall prescribe by ordinance, not exceeding the sum of three hundred dollars per annum; provided, that when such salary is fixed, the same shall not be changed so as to increase the same oftener than once every two years.

Legislative Department.

      Sec. 10.  The legislative power of the city, except as hereinafter provided, shall be vested in a City Council, consisting of three members, who shall hold office for the term of two years, subject to the exception stated in the next section. They shall be actual bona fide residents and taxpayers in the city and qualified electors thereof. They shall be chosen by the qualified electors of their respective wards whose names appear upon the official register as electors of such ward and residents thereof within the corporate limits of said city; provided, that no person shall be eligible for the office of Councilman who shall not be an actual bona fide resident in the ward to be represented by him, and after the first election hereunder, shall not have been such resident for the period of at least six months next immediately preceding the date of election.

      Sec. 11.  Of the Councilmen first elected under this charter, the one elected from the First Ward shall serve for the term of four years from and after the date of his election; the one elected from the Second Ward and the one elected from the Third Ward shall serve for the term of two years from and after the date of their election.

To sign licenses, etc.

Mayor pro tem.

Proviso.

Mayor to appoint certain officers.

Salary.

Proviso.

City Council.

Qualifications.

Terms of office under first election.

Under subsequent elections.

Vacancies, how filled.

Quorum.

Rules.

Sessions to be public.

Salary.

Proviso.

Regular and special meetings.

Provisos.

Yeas and nays must be taken.

after the date of their election. At the next subsequent general city election, the Councilman elected from the Second Ward shall serve for the term of four years, and at the next subsequent general city election after the election next above mentioned, the Councilman elected from the Third Ward shall serve for the term of four years from and after the date of his election, and thereafter, the election of a four-year-term Councilman shall alternate between said wards, in the order as above named. At each general city election after the first election under this charter, two Councilmen shall be elected to succeed those whose terms are about to expire.

      Sec. 12.  Any vacancy occurring in the office of Councilman, shall be filled by the Mayor and Council at the first regular meeting after such vacancy, when the Council and the Mayor, who shall have the same voting power thereon as a Councilman, shall by a majority vote, elect some person possessing the requisite qualifications as hereinbefore prescribed, who shall hold said office until the election and qualification of a Councilman at the next regular general city election.

      Sec. 13.  A majority of all members of the Council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the Mayor, compel the attendance of the absent members. The Council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings and upon the call of any one member, or the Mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions and all proceedings must be public. The Councilmen shall receive only such salary as may be prescribed by ordinance, not exceeding one hundred dollars per annum; provided, that such salary when fixed, shall not be changed so as to increase the same, oftener than once every two years.

      Sec. 14.  The City Council shall hold regular meetings on the second and fourth Mondays of each month and shall continue in session from day to day until the unfinished business of each regular meeting shall have been fully and finally disposed of, so far as practicable. Special meetings may also be held on a call of the Mayor, or by a majority of the Council; provided, that no contract involving the expenditure of money shall be made or any ordinance passed or claim allowed at any such special meeting; and provided further, that no business shall be transacted at such special meeting except such as shall be stated in the call therefor.

      Sec. 15.  Upon the passage of ordinances, or any resolution appropriating money, allowing claims, granting, denying, increasing, decreasing, abolishing or revoking licenses or changing the rate of licenses, the yeas and nays shall be taken and the Clerk shall enter the same and the vote of each member, as well as the Mayor’s vote in cases of tie, in the journal.

each member, as well as the Mayor’s vote in cases of tie, in the journal.

      Sec. 16.  The style of all ordinances shall be as follows: “The City Council of the City of Sparks do ordain,” and all proposed ordinances when first proposed, shall be read aloud, in full, to the Council and then laid over until the next regular meeting, for adoption or rejection. All ordinances adopted shall be signed by the Mayor and published in full together with the votes cast thereon, in some newspaper published in the county, for the period of at least one week, before the same shall go into effect.

      Sec. 17.  The Council shall have the power to punish any member for disorderly conduct committed in its presence and to compel the attendance of witnesses and the production of all papers relating to any business before the Council; and may punish disobedience of its subpena or any contemptuous or disorderly conduct committed in its presence, by fine not exceeding fifty dollars, or imprisonment not exceeding fifteen days or by both such fine and imprisonment. The Mayor, Mayor pro tem. while acting in the stead of the Mayor, and the City Clerk shall have power to administer oaths and affirmations relating to any business pertaining to the city before the Council or to be considered by it.

      Sec. 18.  No ordinance shall be passed except by bill and whenever any ordinance is amended, the section or sections thereof, shall be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title. Every ordinance shall embrace but one subject and matters necessarily or properly connected therewith and pertaining thereto, and the subject shall be clearly indicated in the title, and in all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.

      Sec. 19.  The City Council shall have power:

      First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualification and election of its own members.

      Second-To make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city and for making effective the provisions of this charter.

      Third-To levy and collect annually, a tax of not to exceed one per cent upon the assessed value of all real and personal property within the city, and which is by law, taxable for State and county purposes.

      Fourth-To sell, use, lease, control, improve and take care of the real estate and personal property of the city; provided, said Council shall not have power to mortgage, hypothecate or pledge any property of the city for any purpose.

Style of ordinances.

Must be published.

Power to punish for contempt.

Oaths.

All ordinances to be passed by bill.

Regulations.

Powers of Council.

Meetings.

To pass ordinances, etc.

Annual tax.

City property

Proviso.

Public streets, bridges, sewers, sidewalks, etc.

Assessment of costs of improvements.

Lien, when.

Fire Department.

Regulating combustibles.

Nuisances.

Public health

City Board of Health.

Secretary and Health Officer.

To inspect food stuffs.

said Council shall not have power to mortgage, hypothecate or pledge any property of the city for any purpose.

      Fifth-To lay out, extend, change the grade, open, vacate and alter the streets and alleys in the city, and by ordinance, provide for the graveling, grading, draining, cleaning, repairing, paving, repaving, widening, narrowing, lighting, surfacing, resurfacing or otherwise improving the same, and for the construction, repair, regulation and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers, and to prevent or remove obstructions thereto or to the streets and alleys throughout the city and to provide for the numbering of houses; provided, that the Council may, in its discretion, assess the cost or a portion thereof, of grading, paving or otherwise improving any street as above provided, upon the property fronting thereon, in proportion to the frontage, or the cost of repairing or building any sidewalk, to the owner of the property in front of which said sidewalk or proposed sidewalk may be, in proportion to the frontage of said property, and make such costs of improvement, grading, repair or building a lien upon such property, which lien shall be in the name of the city, be preserved by the person acting as City Attorney verifying and filing for record in the County Recorder’s office, a claim of lien as nearly as practicable, in form the same as provided by general laws for mechanics’ liens, and said lien shall be enforced and foreclosed in the name of the city, in the same manner and with like effect as is provided by general laws, for the foreclosure of mechanics’ liens.

      Sixth-To organize, regulate, maintain and disband a Fire Department; to provide for the extinguishment of fire; to regulate or prohibit the storage of gunpowder or other explosive or combustible or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held or kept.

      Seventh-To determine by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention and removal of the same, at the expense of the parties creating, causing or committing such nuisances and to provide for the penalty and punishment of the same.

      Eighth-To provide for safe-guarding the health of the city. For this purpose, the Council, with the Mayor who shall be President of the Board, shall act as a City Board of Health, and the Council may by ordinance prescribe its duties and powers. The Council may elect a Secretary of the Board of Health who shall be the Health Officer of the city and have full powers as such over all matters pertaining to health sanitation and sanitary matters. The Board of Health may be empowered among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city and to have any such products as are unsound, spoiled, unwholesome or adulterated summarily destroyed.

ducts as are unsound, spoiled, unwholesome or adulterated summarily destroyed. Said Board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious or other diseases into the city; to make quarantine laws and regulations and the City Council shall have power to enforce the same by providing adequate penalties for violations thereof. The Council may erect or otherwise acquire a pest house, temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the Health Officer shall have the power to establish temporary pest house or pest houses in the case of emergency or epidemics. The Council may by ordinance prescribe a salary for the Health Officer, but such salary when fixed, shall not be changed so as to increase the same, oftener then once every two years, except temporarily during the period of an emergency caused by dangerous epidemic or the like.

      Ninth-To fix, impose and collect a license tax on, and to regulate all lawful trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any and every kind for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and all exhibitions and amusements; to fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating houses, lunch counters, bar-rooms, lodging houses accommodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers, livery stables, express companies, telegraph and telephone companies, street railway companies, operating in whole or in part within said city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress, all tippling houses, dram-shops, saloons, bars, bar-rooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this State. To fix, impose and collect a license tax on, regulate, prescribe the locations of or suppress all saloons, bar-rooms, gambling games, places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests and exhibitions. To fix, impose and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro and all games of chance; houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all other places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise.

Quarantine.

Pest house.

Salary of Health Officer.

Licensing and regulating various trades, callings and business.

Licensing and regulating various trades, callings and business.

Provisos.

and any and all other places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise. To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings and business whatsoever, including grocers, merchants of every, any and all kinds, trades and traders, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint, paper or oil stores, bicycle repair shops, cycleries, warehouses, cold storage plants, daily, weekly semi-weekly, monthly and semi-monthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games or games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric light, water and power companies, bankers, brokers, job printers, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous or vinous liquors or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies, agents or solicitors for the same, real estate agents, popcorn, peanut and fruit stands, music stores, dry goods stores, furniture stores, drug stores, undertakers, boot or shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by bill boards, placards and the like, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular, all business, trades and professions including attorneys, doctors, physicians and dentists and all character of business or callings not herein specifically named; provided, that in fixing any license, the Council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and on a pro rata basis; provided further, that no street railway company shall be required to pay municipal license taxes in excess of the sum of twenty dollars a quarter.

pany shall be required to pay municipal license taxes in excess of the sum of twenty dollars a quarter. The City Council shall have power to fix, impose and collect an annual per capita tax on all dogs and to provide for the destruction of all dogs upon which said tax shall not have been paid; to fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose and collect a license tax on, regulate or suppress runners for hotels, taverns or other business.

      Tenth-To prevent and restrain any riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment of the same.

      Eleventh-To provide for the formation of a chain-gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safe-guard and to prevent their escape while being so employed.

      Twelfth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election.

      Thirteenth-To regulate the speed at which cars, automobiles, bicycles and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railway companies either to station flagmen or place such sufficient warning signals or signal bells on street crossings, as may in the judgment of the Council be necessary, and to require street railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings.

      Fourteenth-To examine all books, papers, reports and statements of the several officers or other persons having custody, care or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city, and to allow or reject the same, or any part thereof.

      Fifteenth-To provide for the issuance of all licenses in this charter authorized, and to fix the amounts thereof, and to fix the times for, manner of and terms upon which the same shall be issued.

      Sixteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund, wherewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter by the said Council, such debt, claim or obligation shall be null and void as against the city, or any of its funds, but every Councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made and shall be deemed guilty of malfeasance in office, and upon conviction thereof shall be removed therefrom.

Licensing and regulating various trades, callings and business.

Dog tax.

Riots.

Chain-gang.

City elections.

Regulating speed of vehicles.

To examine documents.

Issuance of licenses.

To make appropriations, contracts, etc.

Provisos.

Certain debts void.

Malfeasance and penalty.

Cemeteries.

Fire limits, etc.

Registration of city voters.

Proviso.

City Prison.

Animals at large.

Pound.

Steam boilers, poles, wires, etc.

Unsafe buildings.

tracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund, wherewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter by the said Council, such debt, claim or obligation shall be null and void as against the city, or any of its funds, but every Councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made and shall be deemed guilty of malfeasance in office, and upon conviction thereof shall be removed therefrom.

      Seventeenth-To control, enlarge or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein and to prohibit them within the city limits and to prescribe the distance from said limits where the same may be located.

      Eighteenth-To establish, lay out and to change fire limits and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and regulate, prescribe or prohibit awnings, porches, signs, placards or bill boards over sidewalks or across streets and to regulate the same throughout the city.

      Nineteenth-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualifications of voters in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every two years before the Police Judge and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election.

      Twentieth-To provide and maintain a City Prison and to provide for the guarding, safe-keeping, care, feeding and clothing of the city prisoners.

      Twenty-first-To prevent or regulate the running at large within the city, of any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish a pound and to authorize the impounding, sale or destruction of any animals or fowls found running at large.

      Twenty-second-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

      Twenty-third-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters and theater buildings, to place in or upon the same fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings or any combustible material in unsafe places; to regulate and compel the cleansing at the expense of the persons in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish or debris; to compel the abating of nauseous, stinking, or foul privy vaults.

change and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters and theater buildings, to place in or upon the same fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings or any combustible material in unsafe places; to regulate and compel the cleansing at the expense of the persons in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish or debris; to compel the abating of nauseous, stinking, or foul privy vaults.

      Twenty-fourth-To regulate the entrance to and exit from, theaters, lecture rooms, public halls and churches and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places.

      Twenty-fifth-To regulate and control the construction and maintenance of any tubes, pipes or pipe lines, ditches, signal bells, warning signs and other electric, telegraph, and mechanical appliances, in, along, over, under and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks or alleys.

      Twenty-sixth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of at least two feet upon each side of the tracks.

      Twenty-seventh-To require upon such notice as the Council may direct, any noxious or offensive smell, filth or debris, to be abated, removed or otherwise destroyed, at the expense of the person or persons causing, committing or responsible therefor, and the Council, in like manner, may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.

      Twenty-eighth-To provide for and regulate the manner of weighing all food products and food stuffs, and hay, grain, straw and coal, and the measuring and selling of firewood and all fuel within the city and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures, throughout the city and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance, provide a penalty for the using of false weights or measures.

Sewers.

Fire escapes on public buildings.

Fire precautions.

Nuisances.

Exits and entrances to public halls.

Overcrowding.

Pipe lines, wires, etc.

Proviso.

Railways to repair streets.

To abate nuisances.

Weights and measures.

To punish vagrancy, drunkenness, prostitution, etc.

Fire-arms.

Fast driving.

Cruelty to animals.

To regulate water, light and telephone charges.

Lodging houses.

To protect public health, life, comfort and property.

throughout the city and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance, provide a penalty for the using of false weights or measures.

      Twenty-ninth-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening, or lewd or obscene language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, indecent and disorderly conduct and practices within the city; to prevent and punish the discharging of fire-arms in the city; the lighting of fires in yards, streets, or alleys or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing, shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched or otherwise, in the city.

      Thirtieth-To regulate the use and sale of water, gas, electric and other lights in the city; to fix and determine the price thereof as well as the rental price of all water, and gas and electric light meters in the city and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephone, telephone service and connections within the city.

      Thirty-first-To regulate lodging, tenement and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and require the same to be kept in a sanitary condition.

      Thirty-second-To adopt and enforce by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the Council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of said city, the preservation of peace and good order, the promotion and public morals and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every and all other acts and things necessary for the execution of the powers conferred or which may be necessary to fully carry out the intent, purposes and object thereof.

      Thirty-third-To select, appoint and employ an engineer, surveyor, architect or other skilled mechanic or person, from time to time, whenever in the judgment of the Council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined and fully defined by ordinance.

      Thirty-fourth-To prescribe fines, forfeitures and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars, or six months imprisonment or both such fine and imprisonment.

      Thirty-fifth-To require of and prescribe the amount and conditions of official bonds from the members of the Council and all officers of the city, whether elective or appointive.

      Thirty-sixth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay as assessed by the Council, his ratable proportion of the cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits such property or owner thereof.

      Thirty-seventh-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues or demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park purposes shall be so sold or in any manner disposed of.

      Thirty-eighth-Any property, real or personal, necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law and all rights of eminent domain may be exercised by the city in relation thereto.

      Thirty-ninth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon the lands within the boundaries of said City of Sparks occupied for railroad purposes by the Central Pacific Railway Company, or the Southern Pacific Company, their successors or assigns, said lands being particularly described as follows, to wit:

      Commencing at a point which is the section corner common to Sections Numbers 4, 5, 8 and 9, Township 19 North, Range 20 East, Mount Diablo Base and Meridian, and running thence

To employ competent supervisor.

Salary of same.

Fines for violation of city laws.

Official bonds.

To maintain all suits at law.

To manage all city property.

Proviso.

Condemnation for public use.

Special provisions as to C. P. and S. P. R. R.

Description of C. P. and S. P. R. R. property.

Description of C. P. and S. P. R. R. property.

westerly along the north boundary line of said Section Number 8, a distance of two hundred and forty-three (243) feet, more or less to the northeastern corner of the town site of Sparks, as shown on the town site map recorded in the office of the County Recorder of Washoe County on April 25, 1904, at request of the Southern Pacific Company; running thence from said corner southerly at right angles along the eastern boundary line of said town site of Sparks a distance of four hundred and twenty (420) feet to the southeastern corner of said town site of Sparks; thence at right angles westerly along the south boundary line of the said town site of Sparks parallel with the distant four hundred and twenty (420) feet from the north boundary line of said Section Number 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said Section Number 8, said point being also the southwest corner of the said town site of Sparks: thence south along said west boundary of the northeast quarter of said Section 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five feet at right angles northerly from the center line of the reconstructed line of the Central Pacific Railway as located and constructed; thence westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five feet at right angles northerly from said center line, a distance of one thousand and twenty-five (l,025) feet, more or less, to a point on the east line of Elm Street; thence at right angles southerly along the said easterly line of Elm Street and crossing the said center line of the reconstructed Central Pacific Railway at or near Engineer Survey Station Number 66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific Railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888 feet, more or less, to a point in the said west boundary of the northeast quarter of said Section 8; thence southerly along said quarter section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one-half of the northeast quarter of said Section 8; thence east along the south boundary of the said north one-half of the northeast quarter of Section 8 and the south boundary of the north half of the northwest quarter of Section 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific Railroad; thence southeasterly parallel with said center line and distant at right angles fifty (50) feet therefrom, a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point in the east boundary line of the northwest quarter of said Section 9; thence north along said quarter section line and crossing the said center line at Engineer Survey Station Number 130 plus 33.15 a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence northerly and parallel with the east line of said northwest quarter of Section 9, four hundred and ninety-five (495) feet to a point in the north line of said Section 9, Township 19 North, Range 20 East, M.

Central Pacific Railroad; thence southeasterly parallel with said center line and distant at right angles fifty (50) feet therefrom, a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point in the east boundary line of the northwest quarter of said Section 9; thence north along said quarter section line and crossing the said center line at Engineer Survey Station Number 130 plus 33.15 a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence northerly and parallel with the east line of said northwest quarter of Section 9, four hundred and ninety-five (495) feet to a point in the north line of said Section 9, Township 19 North, Range 20 East, M. D. M.; thence west along said north line of said Section 9, a distance of twenty-three hundred and eleven (2,311) feet to the point of beginning, said parcel of land being all in said Sections 8 and 9, Township 19 North, Range 20 East, Mount Diablo Base and Meridian.

City Clerk.

      Sec. 20.  There shall be a City Clerk who shall be ex officio Treasurer and Tax Receiver of the City. He shall be elected by the qualified electors of said city at each general city election. As City Clerk he shall have the custody of all books and records, the corporate seal and all documents not otherwise specially provided for. He shall be Clerk of the Council, attend all its meetings, whether regular or special, and record all its proceedings and shall audit all claims against the city. He shall record in a journal, all ordinances, by-laws, rules and resolutions passed or adopted by the Council, which journal, after approval at each regular meeting, shall be signed by the Mayor and attested under the hand of the Clerk. He shall countersign all licenses and permits issued to any officer for the use of the city and shall charge such officer with the same. He shall countersign all warrants drawn upon the Treasurer by the Mayor. He shall, when required, make and certify under the seal of the city, copies of any and all papers, documents or records in his custody and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the Clerk who shall report upon the same and all matters pertaining to his office, at least once each month or oftener as the Council shall prescribe, which report shall be in writing and under oath. The City Clerk shall receive for his services as such, as well as for services performed ex officio, such salary as may be prescribed by the Council, not exceeding three hundred dollars per annum; provided, that such salary, when fixed, shall not be changed so as to increase the same oftener than once every two years.

Description of C. P. and S. P. R. R. property.

City Clerk ex officio Treasurer and Tax Receiver.

To keep journal.

Countersign licenses.

Make copies.

To report.

Salary.

Proviso.

Duties of City Treasurer.

Bond.

Offices may be segregated.

City Attorney.

Compensation.

County Assessor to be ex officio City Assessor.

Justices of the Peace to be ex officio Police Judges.

Bond.

Proviso.

City Treasurer.

      Sec. 21.  As ex officio Treasurer of the City, the Clerk shall receive and safely keep all moneys that shall come to the city of taxation or otherwise, and pay the same out only on claims duly allowed by the Council, except the interest or principal of any municipal bonded indebtedness, and shall perform such other and further duties as may be required of him or prescribed by the Council. As Treasurer, the City clerk shall before entering upon the duties of his office, execute a good and sufficient official bond with approved sureties, in such sum and conditioned as may be required by the Council. The City Clerk shall not be entitled to any additional compensation by reason of any services performed by him as ex officio Treasurer of the city; provided, the City Council may, in the exercise of its sound discretion, segregate the office of City Clerk from that of Treasurer of the city, in which case, the manner of selection or election of the City Treasurer, salary and duties, shall be fully defined, fixed and determined by ordinance.

City Attorney.

      Sec. 22.  A City Attorney may be elected by the Council, or an attorney may be employed by the Council without such election, from time to time, as the necessities of the business shall require. The person so elected or employed, as the case may be, shall perform such duties and receive such compensation as may be prescribed by the Council.

City Assessor.

      Sec. 23.  The Assessor of Washoe County shall, in addition to the duties now imposed upon him by law, act as the Assessor of the city, and shall be ex officio City Assessor without further compensation. He shall perform such duties as may be prescribed by the Council.

Judicial Department.

      Sec. 24.  The Justices of the Peace in and for Sparks Township shall be ex officio Police Judges of said city; provided, that such Justices execute and file as ex officio Police Judges, such bonds as the Council by ordinance may prescribe; and providing further, that nothing herein contained shall be so construed as to deny or abridge the power of the Council to elect as Police Judge of said city, any competent person other than said Justices of the Peace. The Police Judge shall have the jurisdiction and powers in said city as are now provided by law for Justices of the Peace, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury.

ceedings in such cases shall be summary and without a jury. The Police Judge shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances. The practice and proceedings in said court shall conform as nearly as practicable to the practice and proceedings of Justice’s Courts in similar cases. Fines imposed by the Police Judge may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every dollar of such fine, or said Police Judge may, at his discretion, adjudge and enter upon his docket, a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such sentence or fine, until the same shall be exhausted or otherwise satisfied.

      Sec. 25.  Said Police Judge shall have exclusive original jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the amount claimed does not exceed three hundred dollars exclusive of costs, including the foreclosure of liens for street improvements, when the principal sum claimed does not exceed three hundred dollars; provided, that nothing herein shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the verified answer, or by the pleadings in such cause, that the validity of any tax, assessment or levy, is necessarily in issue in such cause, in which case the Police Judge shall certify such cause to the District Court in like manner as provided by law for certification of causes by Justice’s Courts. The Police Judge shall have exclusive original jurisdiction of any action for the collection of money payable to the city from any person, when the amount claimed exclusive of interest and costs, does not exceed three hundred dollars; also, for the breach of any bond given by any officer or person to, or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited bonds or recognizances given to, or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court; in any of the cases above named, when the principal amount claimed, exclusive of costs and interest, does not exceed three hundred dollars; also, for the recovery of property belonging to the city, when the value thereof does not exceed three hundred dollars.

      Sec. 26.  The Police Judge shall have jurisdiction of the following offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city or endanger the health of the inhabitants thereof: Breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog-fights, cock-fights, routs, riots, affrays, violent injury to property, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under any ordinance of the city.

Certain trials to be without jury.

Fines.

Chain-gang or jail.

Police Judges to have exclusive jurisdiction where sum involved does not exceed $300.

Appeals.

Bonds, etc.

Jurisdiction of Police Judges.

To be treated and considered as a Justice Court.

Docket.

To report.

Any Justice or Police Judge of Washoe County may act.

Salary of Police Judge.

Appeals same as in Justice Courts.

Construction of terms.

Chief of Police and Chief of Fire Department.

inhabitants thereof: Breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog-fights, cock-fights, routs, riots, affrays, violent injury to property, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under any ordinance of the city.

      Sec. 27.  Such Police Court shall be treated and considered as a Justice’s Court whenever the proceedings thereof are called into question. The Police Judge shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the jurisdiction of said court, and may punish for contempt, in like manner and with the same effect as is provided by general law for Justices of the Peace. He shall keep a docket in which shall be entered all official business in like manner as in Justice’s Courts. He shall prepare bonds, justify bail and administer all oaths. He shall render monthly or oftener as the Council may prescribe, an exact and detailed statement in writing, under oath, of the business done and of all fines collected as well as fines uncollected, since his last report, and shall at the same time, render and pay unto the City Treasurer, all fines collected and money received on behalf of the city since his last report.

      Sec. 28.  In all cases in which the Police Judge shall, by reason of being a party, or being interested or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability, for any reason, to act, any Justice of the Peace or Police Judge in said county, on the written request of the Mayor, may act in the place and stead of said Police Judge, and the Council shall have power to apportion ratably the salary of such Police Judge to such Justice of the Peace or other Police Judge so serving, and deduct the sum so apportioned from the salary of the Police Judge.

      Sec. 29.  The Police Judge shall receive such salary as may be provided by ordinance, not exceeding five hundred dollars per annum; provided, that such salary when fixed, shall not be changed so as to increase the same oftener than once every two years.

      Sec. 30.  Appeals to the District Court may be taken from any final judgment of said Police Court, in the same manner and with the same effect as in cases of appeal from Justice’s Courts in civil or criminal cases, as the case may be.

      Sec. 31.  The words “Police Court” and “Police Judge” shall be construed to mean the same as and be synonymous with Municipal Court.

Police Department.

      Sec. 32.  There shall be a Chief of Police of said city, who shall be ex officio Chief of the Fire Department. He shall be appointed by the Mayor, subject to confirmation by the Council.

Council. He shall be an actual bona fide resident of the city; provided, that the Constable of Sparks Township shall be eligible for such appointment. The Chief of Police shall command and control the police force and have power to appoint the necessary number of policemen required by the Council; such appointees to be subject to approval and confirmation of, and salaries or compensation fixed by the Council. During any incumbency of the Constable of Sparks Township in the office of Chief of Police, any regularly appointed deputies of said constable shall be policemen of said city. The Chief of Police shall be vigilant in the detection of criminals and offenders, and the speedy apprehension of the same, and shall diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter, are rigidly enforced and observed.

      Sec. 33.  The Chief of Police shall collect all city license taxes and all moneys making up the city revenues, except general or special taxes. The time and manner of collection of license taxes shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall neglect or refuse to do so, or shall carry on any licensed business, trade or calling, without having procured the requisite license therefor, the Chief of Police shall forthwith report such delinquent to the Council, who may cause an attachment suit in the name of the city to be brought against such delinquent and the Chief of Police may make the necessary affidavit for attachment, whereupon an attachment shall issue without bond on behalf of the city and if judgment go against the delinquent in such action, the additional sum of fifteen dollars shall be included in the judgment as liquidated damages, together with the original debt and costs. No fees shall be allowed any officer or person unless the same be made as costs from the defendant; provided, that the attorney employed to institute such suit may receive such compensation as the Council may prescribe. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance, the business in such place or building is required to pay a license, shall be liable for such license and charges as above provided and may be taken on attachment or execution, without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become a part of the license and when collected, be paid into the city treasury as other revenues.

      Sec. 34.  The Chief of Police shall execute all process issuing from the Police Court.

Qualifications.

Policemen.

Chief of Police to collect all licenses.

To report delinquents.

Attachment, when.

Provisos.

One dollar additional for delinquency.

Chief of Police to execute all process of Police Court.

Bond of Chief.

Salary.

Proviso.

Chief to appoint firemen.

Council to levy city tax.

Proviso.

County blanks used when practicable.

ing from the Police Court. In his absence or inability to act his chief deputy may act. The Chief of Police shall before entering upon the discharge of his duties, furnish a bond to the city, which bond shall apply in like manner, to any deputy acting in his stead. Said bond shall be in a sum and conditioned as the Council shall require, and be approved by the Council. The duties of the Chief of Police and ex officio Chief of the Fire Department may be more fully defined and provided for by such ordinances as the Council may from time to time enact. The Chief of Police shall receive such salary or compensation as the Council shall by ordinance prescribe; provided, that such salary when fixed, shall not be changed so as to increase the same, oftener than once every two years.

Fire Department.

      Sec. 35.  The Chief of Police, as ex officio Chief of the Fire Department, shall see that all laws, rules, regulations and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department from time to time, shall report to the Council with his recommendations for the betterment of the department, and to increase its efficiency. He shall have power, subject to confirmation by the Council, to appoint the necessary number of firemen as may be required by the Council. He shall exert himself to protect property from fire, and generally to exercise vigilance for the safety of the city against conflagrations. He shall serve as ex officio Chief of the Fire Department without additional compensation.

Revenue.

      Sec. 36.  The Council shall annually, at the time prescribed by law for levying taxes for State and county purposes, levy a tax as hereinbefore prescribed, upon all real and personal property situated in the city and made assessable by law for State and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of the State for the collection of State and county taxes; and the revenue laws of the State shall in every respect, not inconsistent with the provisions of this charter, be deemed applicable and so held, to the levying, assessing and collecting of the city taxes; provided, that in the matter of equalizing or equalization of assessments upon property, the rights of the city and inhabitants thereof shall be protected in the same manner and to the same extent as is the State and county, by the action of the County Board of Equalization. And whenever or wherever practicable and expedient, all forms and blanks in use in the levying, assessing and collecting of State and county revenue, shall with such alterations or additions as may be necessary, be used in the levying, assessing and collecting, of the revenue of the city.

such alterations or additions as may be necessary, be used in the levying, assessing and collecting, of the revenue of the city. And the Council shall enact all such ordinances as shall be found necessary and not inconsistent with this charter and the laws of the State for the prompt, convenient and economical collection of the city revenue.

      Sec. 37.  All taxes collected under or by virtue of this charter or of any ordinance of the city, shall be paid to the County Treasurer of Washoe County, at the same time as payment of taxes for State and county purposes is made; provided, that nothing herein shall be so construed as to require payment of any license taxes to said County Treasurer. The County Treasurer of Washoe County shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided. The County Treasurer shall render a statement to the City Treasurer, of the moneys and the amount thereof so received by him, as often as he shall be required so to do, by resolution of the Council, duly passed, certified to under the seal of the city by the Clerk and served upon the County Auditor who shall draw his warrant for the full amount, and the said County Treasurer shall safely transmit and deliver into the treasury of the city, all moneys so collected and received by him, or so much thereof as shall be called for by the resolution aforesaid, and shall thereupon, take the receipt of said City Treasurer therefor. All such moneys shall thereupon be placed by the City Treasurer in a fund to be known as the “Sparks General Fund,” and shall be so kept except as paid out upon proper warrants; provided, the Council may at its discretion, set apart any surplus moneys in said fund, in a fund to be kept by said Treasurer which shall be known as the “Sparks Redemption Fund,” which shall be used to pay principal and interest of all outstanding bonds now or to be issued on the property of said city.

      Sec. 38.  All real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment, which shall include the taxes due and all costs; provided, that so far as possible the collection of the tax due the city shall be made by the County Treasurer in the same manner and time as collection of taxes for State and county purposes and the lien of said city for unpaid taxes to be enforced by the said County Treasurer and the property sold for any delinquent tax due the city, in the same manner and with like effect as in the case of delinquent taxes levied for State and county purposes.

      Sec. 39.  The Board of County Commissioners of Washoe County shall, from time to time, upon the request of the Council of the city, apportion to the city, such proportion of the General Road Fund of the County of Washoe as the value of the whole property within the corporate limits of the city as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within the limits of the city; and all such moneys so apportioned, shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the Council.

City taxes to be paid to County Treasurer.

Proviso.

Sparks General Fund.

Execution for delinquent taxes.

County Commissioners to apportion General Road Fund.

Powers of Council.

Fees and salaries regulated by ordinance.

Claims, how allowed.

Warrants.

Treasurer to cancel

Holder of rejected claim may sue city.

When forever barred

the General Road Fund of the County of Washoe as the value of the whole property within the corporate limits of the city as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within the limits of the city; and all such moneys so apportioned, shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the Council.

      Sec. 40.  The Council shall have power to pass all ordinances necessary or required to carry into effect, the revenue laws in said city and to enlarge, fix and determine the duties of all officers in relation thereto.

Miscellaneous.

      Sec. 41.  The fees, salaries or other compensation of officers or other persons, shall be regulated by duly enacted ordinances as to salaries, and by resolution as to compensation for persons not regularly employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the City Clerk and acted upon by the Council at the first regular meeting thereafter of each and every month, and the Council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the Council, the City Clerk shall certify all such claims or portions allowed as the case may be, to the Mayor, who shall draw a warrant upon the Treasurer for the amount so allowed, and shall state in general terms, the nature of the claim. The warrant shall be countersigned by the City Clerk and when so presented to the Treasurer, the same shall be paid by him. On paying any warrant, the Treasurer shall write or stamp across the face thereof, in red ink, the word “Redeemed” with the date of such redemption, and sign his name thereto officially, and the warrant so canceled shall be a sufficient voucher of the Treasurer in his settlement with the Council, which shall take place annually, on the third Monday of December of each year; provided, the Council shall have the power at any time, to require a statement and settlement with said Treasurer.

      Sec. 42.  The holder of any demand or claim mentioned in this charter which has been rejected in whole or in part, may within six months after date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the claim or amount so rejected, as the case may be, and if not so commenced, such claim or amount so rejected, together with the right of action thereon, shall be forever barred, and the Council shall not have power to allow or pay the same in whole or in part at any time subsequently.

sequently. The action shall be against the city and the service of summons shall be upon the Mayor, or, in his absence or inability to act as Mayor, upon the Mayor pro tem. In case of a final recovery of judgment by the plaintiff, no execution shall issue therefor, but the Council must allow the amount thereof with costs as taxed, which judgment, with such costs, shall be paid in the order of claims against the city as presented; provided, that nothing herein shall be so construed as to make the city liable for any damages suffered or incurred by any person for or by reason of any neglect of the city or any of its officers.

      Sec. 43.  No debts shall be created directly or indirectly against the city, nor shall any contract for supplies, water, gas, electric light or any supplies for the city, or any contract whatever, made by or on behalf of the city, be valid for any amount exceeding the revenue for the year in which the contract is made, with which to meet the same, except as otherwise provided in this charter.

      Sec. 44.  No officer of the city shall be directly or indirectly interested in any contract with the city or with any officers thereof, in their official capacity for, or in doing any work or furnishing any supplies for the use of the city or its officers in their official capacity, exceeding the sum of fifty dollars, and any claim for any amount in violation hereof, shall be void and if allowed shall not be paid by the Treasurer. Any wilful violation of the provisions of this section shall be deemed a misdemeanor and punished as such, and shall subject the offender to removal from office.

      Sec. 45.  All money now in the possession or under the control of the Treasurer of Washoe County, or which may hereafter come into his possession or under his control, belonging to the Town of Sparks, is hereby transferred to the Sparks General Fund and made subject to the provisions of this charter, and all outstanding bonds or indebtedness, if any, of the Town of Sparks, shall be transferred and applied to and be binding upon the City of Sparks, in like manner and with the same effect to all intents and purposes, as if said bonds or indebtedness, if any, had been originally issued or contracted by said city.

      Sec. 46.  A contested election for any city office must be determined according to the law of the State regulating proceedings in contested elections in county offices.

      Sec. 47.  No ordinance, order or resolution of the Council, having for its object or effect, directly or indirectly, the increasing of the salary or compensation of any officer of or person employed under the city government, in excess of the maximum amount as herein provided for, shall be valid or effective for any purpose or purposes whatsoever; provided, the Council may, in the exercise of its sound discretion, decrease the salaries or compensation of the members thereof, or of any officer of the city, whether elective or appointive, and such decrease shall take effect immediately; provided further, that no such decrease shall apply to or affect the then incumbent in the office of Mayor.

Proviso.

Debts and contracts, when invalid.

Officers not to be interested in contracts.

Penalty.

Sparks General Fund.

Contested elections.

Salaries, restriction as to.

Provisos.

Misconduct in office.

Penalty.

This Act a public Act.

Charter same as Act.

General laws to supersede.

Official oath.

City may acquire public utilities.

Special election.

Council may create bonded indebtedness.

Restriction.

Publication of intention.

and such decrease shall take effect immediately; provided further, that no such decrease shall apply to or affect the then incumbent in the office of Mayor.

      Sec. 48.  Any wilful misconduct in office, or any wilful violation of any of the provisions of this charter, or of the provisions of any ordinance, or any wilful failure to comply therewith by any officer of the city, whether elective or appointive, shall be deemed malfeasance in office, and any person guilty thereof shall be proceeded against in the same manner as prescribed by the laws of the State, relative to proceedings and prosecutions against district, county and township officers, for misconduct in office, and any person found guilty shall forever after be disqualified to hold any office under said city government.

      Sec. 49.  This Act shall be deemed a public Act and may be read in evidence without further proof, and judicial notice shall be taken thereof in all courts and places.

      Sec. 50.  The word “Charter,” wherever and whenever the same occurs herein, is intended to and does mean, and shall be construed to be the same as and synonymous with, the word “Act.”

      Sec. 51.  Ordinances adopted and passed by the Council shall not supersede the general laws of the State with respect to their operation within said city, unless it be so expressly declared in such ordinance.

      Sec. 52.  All officers of the city, whether elective or appointive, shall take and subscribe to the official oath of office.

Municipal Bonds and Franchises.

      Sec. 53.  The city shall have the power to acquire and purchase water, light, gas and power systems and any public utility, and to hold, manage and operate the same when acquired, for the public use and benefit of the people of the city. The Council, when deemed advisable, shall submit a proper resolution and the same may be voted upon by the people in all respects as provided herein for special elections.

      Sec. 54.  The Council shall have the power by ordinance to grant any franchise or create any city or municipal bonded indebtedness, but no ordinance for such purpose or purposes shall be valid or effective for any purpose unless the Council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed bonded indebtedness, the terms, amount, rate of interest and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise as the case may be. Such resolution shall be published in full in some newspaper published in the city, for the period of at least four weeks. On the first regular meeting of the Council, after the expiration of the period of such publication, the Council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the bonds, or the granting of the franchise as the case may be; provided, that such bonds shall be issued or municipal indebtedness created, or franchise granted as the case may be, only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; and provided further, that the Council shall dispose of said bonds or franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city.

proceed to pass an ordinance for the issuing of the bonds, or the granting of the franchise as the case may be; provided, that such bonds shall be issued or municipal indebtedness created, or franchise granted as the case may be, only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; and provided further, that the Council shall dispose of said bonds or franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city.

      Sec. 55.  The ordinance passed, as in the preceding section provided for, shall be valid to all intents and purposes as other ordinances duly and legally passed by the Council, and any municipal bonded indebtedness created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twenty days from the date of the first publication of the resolution mentioned in the preceding section, a petition signed by not less than one hundred residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the next preceding assessment roll, shall be presented to the Council, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the Council to call a special election as soon as practicable; such election shall be held and conducted, as nearly as possible, in the same manner as elections for city officers. Notices of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the resolution hereinbefore mentioned and refer to the same, and the notice and resolution shall be so published together for a period of at least two weeks before such election shall be held. The Council shall in due time make provision for holding such special election and the City Clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots which shall contain the words “For the ordinance (stating briefly the nature thereof),” and “Against the ordinance (stating briefly the nature thereof).” The Council shall appoint suitable and competent persons to act as Inspectors at such election and shall do all other things and acts necessary to fully carry out the purposes and intent hereof; provided, that no person not a taxpayer and qualified elector within the corporate limits of said city shall be qualified to vote at any such special election; and provided further, that no such proposed ordinance shall be adopted or be valid or effective for any purpose whatsoever, unless the same shall receive an affirmative vote of a majority of all voters voting thereon. The Council shall canvass and declare the result, and if such proposed ordinance be carried as above provided, that fact shall be proclaimed by the Council publishing a notice to that effect for the period of at least one week, and thereupon such ordinance may be passed by the Council and signed by the Mayor and thenceforth be in full force and effect.

Provisos.

Provisions as to preceding section.

Petitions.

Special elections.

Notice to be published.

Ballots, what to contain.

Proviso.

Publication of result.

First municipal election.

Council to provide for future elections.

County Commissioners to call first municipal election by advertising.

What proclamation shall set forth.

Nominating petitions.

One signer shall make affidavit

Ballots.

thereupon such ordinance may be passed by the Council and signed by the Mayor and thenceforth be in full force and effect.

Elections.

      Sec. 56.  The first municipal election in said city shall be held on the first Tuesday after the first Monday in May, 1905, and on the same day every two years thereafter, at which time there shall be elected one Mayor by the qualified electors of said city at large, Councilmen as hereinbefore provided, and one City Clerk. All elections held under this charter shall be governed by the provisions of general election laws of the State so far as the same can be made applicable. The conduct and carrying on of all city elections, except the first, shall be under the control of the Council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof and do all other or further things necessary to carry the same into effect.

      Sec. 57.  The first municipal election hereunder shall be called by proclamation issued by the Board of County Commissioners of Washoe County at least thirty days prior to the date in the last preceding section first mentioned. Such proclamation shall be published in a newspaper in said city for at least three weeks prior to the date of such election, and printed copies of such proclamation shall be posted in a conspicuous place in each ward of said city. Such proclamation shall set forth the purpose of the election; the place where the same shall be held; the names of the Inspectors of Election, and such other matters as may be deemed proper in the premises. Candidates for all offices to be filled at such election shall be nominated by filing a petition with the County Clerk of said county at least ten days before the date fixed for such election, which petition shall state the name of the person nominated and the office for which he is nominated. Such petitions respecting nominations of candidates for the offices of Mayor and City Clerk shall be signed by not less than fifty electors residing within the corporate limits of said city, and in the case of nominations of candidates for the offices of Councilmen by not less than twenty electors residing in the ward for which such nomination is to be made. The signatures to such petitions need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petitions shall swear that the signatures thereunto appended and the statements therein made are genuine and true, to the best of his knowledge and belief, and a certificate of such oath shall be annexed. Such certificate of nomination shall have the same effect as certificates of nominations made by party conventions in other cases. The County Clerk of said Washoe County shall cause a sufficient number of ballots to be printed, upon which shall appear the names of such candidates nominated as aforesaid and the offices sought to be filled by them.

to be filled by them. The officers of election shall make return to the Board of County Commissioners of Washoe County, and the said Board shall, within five days thereafter, meet and canvass said vote and shall enter upon their minutes the result of such canvass, and shall cause a certificate of election to be issued to each person who shall have received the highest number of votes for the office for which he was a candidate.

      Sec. 58.  Every person who resides within the exterior boundaries of said city at the time of holding any city election, and whose names appear upon the official register of voters in and for Sparks election precinct as qualified voters at the last preceding general election, shall have the right to vote at each city election and for all officers to be voted for thereat; provided, that nothing herein shall be construed so as to deny or abridge the power of the Council to provide for a supplemental registration as in this charter elsewhere provided.

      Sec. 59.  The election returns from any city or special election shall be filed with the City Clerk, who shall immediately place them in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the Mayor and Council. The Mayor and Council shall meet within five days after any city election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the City Clerk for six months, and no person shall have access thereto, except on order of a court of general jurisdiction, or by resolution of the Council. The City Clerk, under his hand and the official seal, shall issue a certificate of election, in accordance with the result as declared by the Council, to each person declared to be elected. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the Council next succeeding that in which returns was made and canvassed as above provided. All officers elected under this charter shall serve for the term for which he was elected and until his successor shall have been duly elected and qualified.

      Sec. 60.  All acts or orders of the Board of County Commissioners of Washoe County, Nevada, heretofore made or done in granting rights of way, privileges or franchise to J. E. Humphrey, John N. Evans, C. E. Clough, George W. Robinson, and John A. Moynihan, their successors or assigns, for the laying of water pipes in and through the public highways, streets, or alleys of the Town of Sparks, for the purpose of conducting water for domestic and other uses, and to supply the inhabitants of said town with water, and all acts or orders of said Board heretofore made in granting rights of way, privileges, or franchise to H. E. Reid, H. J. Gosse, H. J. Darling, and S. H. Wheeler, their successors or assigns, for constructing, maintaining or operating a street railway upon and over said highways, and being within the limits of that portion of Washoe County embraced within the territory hereinbefore described as constituting the corporate limits of the City of Sparks, are hereby sanctioned, ratified, approved and confirmed.

Returns made to County Commissioners.

Certificate of election.

All registered city residents qualified electors.

Supplemental registration.

City Clerk custodian of city election returns.

To issue certificate of election.

Terms, when to commence.

Franchises granted by County Commissioners confirmed.

Repeal.

upon and over said highways, and being within the limits of that portion of Washoe County embraced within the territory hereinbefore described as constituting the corporate limits of the City of Sparks, are hereby sanctioned, ratified, approved and confirmed.

      Sec. 61.  All Acts and parts of Acts in conflict or inconsistent with the provisions of this Act are hereby repealed.

Appropriation of $11,000.

Improvements and furniture specified.

Chap. LXXXIV.–An Act to provide for repairs and improvements of buildings of the State Orphans’ Home and for the purchase of furniture for same.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of eleven thousand ($11,000) dollars is hereby appropriated out of any moneys in the General Fund of the State, to be expended under the direction of the Directors of the State Orphans’ Home, for repairs and improvements and the purchase of furniture for the buildings of the State Orphans’ Home, for the articles hereinafter enumerated:

      For the purchase of furniture for dining room, $200; for the purchase of furniture for two rooms for cooks, $125; for the purchase of furniture for office room, $75; for the purchase of furniture for reception room, $100; for the purchase of furniture for three parlors, $200; for the purchase of furniture for Superintendent’s room, $200; for the purchase of furniture for two rooms for Matron, $100; for the purchase of furniture for room for nurse, $50; for the purchase of furniture for room of girl of dining room, $50; for the purchase of furniture for two rooms for teachers, $100; for the purchase of furniture for room of workman, $50; for the purchase of furniture for room of Hospital, $50; for the purchase of carpets and linoleum, $500; for the purchase of three barrels boiled linseed oil, $100; for the purchase of material for sewers, two flush tanks and labor, $1,100; for repairing fence, $500; for repairs and painting of frame buildings, $1,000; for repairs of school building, $250; for moving rubble stone and filling cattle yard, $150; for the purchase of one 4-horsepower motor, $500; for cleaning of well, $100; for the completion of electrical system, $150; for moving and placing range in place, $250; for installation of heating plant, $2,800; for cementing floor in basement, $200; for the purchase of six laundry tubs and stove, $350; for benches and lockers in children’s playroom, $100; for 40 lockers in girls’ rooms, $150; for rubber trotters for stairway, $100; for 24 iron bedsteads with wire mattresses, $150; for purchase of 36 Ostermoor mattresses, $300; for purchase of 6 cribs with Ostermoor mattresses, $100; for the purchase of matting, $125; for the purchase of window shades, $75; for the purchase of lace curtains, $100; for the purchase of blankets, $500; for the purchase of comforters, $50.

mattresses, $100; for the purchase of matting, $125; for the purchase of window shades, $75; for the purchase of lace curtains, $100; for the purchase of blankets, $500; for the purchase of comforters, $50. Total $11,000.

      Sec. 2.  The State Controller is hereby directed to draw his warrants for the different amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

Duties of Controller and Treasurer.

Chap. LXXXV.–An Act to amend an Act entitled “An Act relating to county government and the reduction of the rate of county taxation.”

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section one of said Act is hereby amended so as to read as follows:

      Section 1.  In all counties whose tax rate for county purposes for the year 1904, exclusive of the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of such counties, did not exceed one dollar and fifty cents on each one hundred dollars of assessed valuation, the tax rate for such county purposes for the year 1905 shall be two and one-half cents lower on each one hundred dollars of assessed valuation than the tax rate for such county purposes was in 1904; and thereafter such tax rate shall be diminished annually at the rate of not less than two and one-half cents on the one hundred dollars of assessed valuation until it reaches fifty cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall be fifty cents on the one hundred dollars of assessed valuation.

      Sec. 2.  Section two of said Act is hereby amended so as to read as follows:

      Section 2.  In all counties whose tax rate for county purposes for the year 1904, exclusive of the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of such counties, exceeded one dollar and fifty cents on the one hundred dollars of assessed valuation, the tax rate for such county purposes for the year 1905 shall be five cents lower on each one hundred dollars of assessed valuation than the tax rate was for such county purposes in 1904; and thereafter such tax rate shall be diminished annually at the rate of not less than five cents on each one hundred dollars of assessed valuation until it reaches one dollar and fifty cents on the one hundred dollars of assessed valuation; and thereafter shall be reduced annually at the rate of two and one-

County tax rate for 1905 and 1906.

To be diminished.

Other county tax rates, how determined.

Further diminution.

half cents on the one hundred dollars of assessed valuation until it reaches fifty cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall be fifty cents on the one hundred dollars of assessed valuation.

Repealing certain sections.

Effect.

Chap. LXXXVI.–An Act repealing section eleven and amending section twelve of an Act entitled “An Act relating to county government and the reduction of the rate of county taxation,” approved March 13, 1903.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section eleven of an Act entitled “An Act relating to county government and the reduction of the rate of county taxation,” approved March 13, 1903, is hereby repealed.

      Sec. 2.  Section twelve of said Act is hereby amended to read as follows:

      Section 12.  Nothing in this Act shall apply to any county that has a debt exceeding two hundred thousand dollars.

      Sec. 3.  This Act shall take effect immediately upon its approval.

School moneys to be expended for libraries.

Ratio of apportionment.

Chap. LXXXVII.–An Act providing for public school libraries, and other matters relating thereto.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act, it shall be the duty of the County Superintendent of Schools of each county of this State, in July of each year, before apportioning the public school moneys among the several school districts under the provisions of section one of that certain Act entitled “An Act to provide for the maintenance and supervision of public schools,” approved March 9, 1887, to set apart out of the moneys received from the General School Fund, under the provisions of section six of that certain Act entitled “An Act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, and the Acts amendatory thereof, a sum of not less than three dollars no more than five dollars for each teacher to which the county is entitled, this number to be determined by adding together the number of teachers assigned to the several districts upon the basis of one teacher to each seventy-five census children or fraction thereof, and the further sum of not less than five cents nor more than ten cents for each census child in the county as shown by the last school census, the sums thus set apart to constitute for each county a fund to be known as the County Public School Library Fund.

several districts upon the basis of one teacher to each seventy-five census children or fraction thereof, and the further sum of not less than five cents nor more than ten cents for each census child in the county as shown by the last school census, the sums thus set apart to constitute for each county a fund to be known as the County Public School Library Fund.

      Sec. 2.  It shall be the further duty of the County Superintendent of Schools to apportion the moneys of the County Public School Library Fund among the several school districts as follows: He shall assign to each district not less than three dollars nor more than five dollars for each teacher to which such district is entitled, calculating one teacher for each seventy-five census children or fraction thereof, and the further sum of not less than five cents nor more than ten cents for each census child as shown by the last school census, and the sums thus apportioned shall constitute for each district a District School Library Fund.

      Sec. 3.  The amount of money to be set apart and apportioned, within the limits provided in section one of this Act, shall be determined by the State Board of Education, which Board shall, before the July apportionment of each year, notify the County Superintendents of Schools of the several counties of the amount fixed by said Board to be set apart for said County Public School Library Fund.

      Sec. 4.  The moneys herein designated and apportioned, shall be expended for the purchase of books, approved by the State Board of Education, for the public school library of each district and for no other purpose, and shall be paid out and expended as the other school funds of such districts are now paid out.

      Sec. 5.  The Board of School Trustees of each school district in this State is hereby authorized and directed to purchase books for public school libraries in accordance with the provisions of this Act.

      Sec. 6.  If there shall remain unexpended in the District School Library Fund of any district on the thirtieth day of June of any year a sum of money equal to or greater than one-fourth of the entire sum apportioned to the said District School Library Fund at the last preceding July apportionment, it shall be the duty of the County Superintendent of Schools to transfer such sum to the County Public School Library Fund, and, at the next apportionment of the County Public School Library Fund among the several districts, to apportion the sums thus transferred pro rata according to the number of census children. The sums thus transferred and apportioned shall be in addition to the sums specified in section two of this Act.

      Sec. 7.  The State Board of Education is hereby authorized and directed to make such rules and regulations for the purchase of books herein provided for, and for the preserva

Duties of County Superintendent.

Amount determined by State Board.

Money to be spent for no other purpose.

School Trustees authorized.

Residue, how disposed of.

State Board to make rules.

tion and use thereof, as may be proper, provided such rules and regulations do not in anywise conflict with the laws of this State.

Five Regents authorized.

Long and short term.

Two elected at every general election.

Chap. LXXXVIII.–An Act to amend Section 2 of an Act entitled “An Act relating to the State University, and matters properly connected therewith,” approved February 7, 1887.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section two of the above-entitled Act is hereby amended so as to read as follows:

      Section 2.  From and after the first day of January, A. D. 1907, the Board of Regents of the State University shall consist of five members; those who are elected for the term of four years to be known as “Long-Term Regents” and those who are elected for the term of two years to be known as “Short-Term Regents,” and to hold their offices for the several periods for which they are elected, and until their successors are elected and qualified. At the general election held in 1906 there shall be elected two Long-Term Regents, who shall hold their office for the term of four years, and two Short-Term Regents who shall hold their office for the period of two years. Thereafter, at each general election, there shall be elected two Regents for the long term and one Regent for the short term in the same manner as other State officers are elected. The persons elected as Regents under the provisions of this Act, before entering upon the discharge of their office, shall take and subscribe to the official oath and file the same in the office of the Secretary of State. In case of vacancy in said Board of Regents, the Governor shall fill the same by appointment until the next general election, when such vacancy shall be filled by election. The term of office of each Regent shall begin on the first Monday of January after his election.

Chap. LXXXIX.–An Act to amend section two, section three as amended February 17, 1871, and section five as amended March 7, 1873, of an Act entitled “An Act to provide for the registration of the names of electors and to prevent fraud at elections,” approved March 15, 1869.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section two of said Act is hereby amended so as to read as follows:

      Section 2.  The County Commissioners of the several counties shall provide for the Registry Agents, in their respective counties, when and where required, all proper and necessary books and stationery to carry out the provisions of this Act.

counties shall provide for the Registry Agents, in their respective counties, when and where required, all proper and necessary books and stationery to carry out the provisions of this Act. They shall furnish to each Registry Agent a book which shall be known as the “Official Register,” which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit:

      First-Number on the register.

      Second-Date of registry.

      Third-Name of elector.

      Fourth-Age of elector.

      Fifth-Where born.

      Sixth-Last place of residence before coming to Nevada.

      Seventh-First place of residence in Nevada.

      Eighth-Present number of ward, or name of electoral district.

      Ninth-Description of residence.

      Tenth-Certificate of naturalization exhibited.

      Sec. 2.  Section three of said Act as amended February 17, 1871, is hereby amended so as to read as follows:

      Section 3.  It shall be the duty of the Registry Agents, at any time when called on to do so, between the hours of ten a. m. and six p. m. on all legal days, from and after the first day of June, and prior to the tenth day of September, prior to any general election, and for twenty days prior to closing the register (which shall close ten days prior to the day of election), for any special or municipal election provided for by law, to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence (being otherwise qualified), and right to vote at such ensuing election according to the provisions of law under which such election may be held, in each election district within their respective townships; entering on the official register under the proper heading, the number and date of registry, the name (with the first or given name in full, if practicable); the age and nativity of the elector, last place of residence of elector before coming to Nevada, first place of residence of elector in Nevada, together with the number of the ward or name of precinct, and a particular description of the house, building, or room in which the elector resides; such as will enable the officer or person desiring to serve notice of objection to vote to find the same without difficulty; and when the person so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization shall be noted in the column provided for that purpose, which list, properly entered as in this section required, shall be known as the “Official Register” of elections of their respective townships; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this Act, said Registry Agents shall also be in attendance at their respective offices, and ready to register the names of applicants, at any time between the hours of seven and nine o’clock p.m.,

County Commissioners to provide stationery for Registry Agents.

What register must show.

Office hours of Registry Agents.

Duties of Registry Agent.

Naturalization certificates.

Provisos.

Voter to take oath.

Proviso.

Form of oath

To swear according to religion.

and ready to register the names of applicants, at any time between the hours of seven and nine o’clock p.m., in addition to the hours heretofore required in this section; and provided further, that if any person shall fail or refuse to give his residence and the other information, with the particularity required in this section, he shall not be registered.

      Sec. 3.  Section five of said Act as amended March 7, 1873, is hereby amended so as to read as follows:

      Section 5.  Every person applying to be registered shall, before he shall be entitled to have his name registered, take and subscribe the following oath or affirmation, which shall be administered by the registering agent; provided, that no elector who has taken said oath at the time of his previous registration shall be required to do so the second time in the same precinct, to wit:

      “I do solemnly swear (or affirm) that I am a citizen of the United States, that I am of the age of twenty-one years, and will have actually and not constructively resided in this State six months, and in the county thirty days next preceding the day of the next ensuing election (or, in case of a municipal election, such length of time as may be required by the Act of incorporation), that before coming to the State of Nevada I last resided at ......................, in the State of ..................... (designating such place of residence), that upon first coming to the State of Nevada I resided at ...................., in said State (designating such place of residence), and that I am not registered elsewhere in this State. So help me God (or under the pains and penalties of perjury).”

      Whenever an oath is required by the provisions of this Act, the elector shall swear according to the form of his religious faith or belief and in such manner as may be considered most obligatory on his conscience.

To protect certain stocked waters.

Chap. XC.–An Act giving authority to the Boards of County Commissioners of the several counties of this State to extend the close season for fishing in streams and waters of a certain class, and providing for the enforcement of the same.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Boards of County Commissioners of the several counties of this State, each within its own county, are hereby authorized to extend the closed season for fishing in streams and waters within their county which now are, or hereafter shall have been, stocked with food fishes by others than the State or its Fish Commissioner, or authorized agent, to such periods as may in their opinion be required for the protection of the fish in said stream and waters, to the end that the supply of fish for food may be permanently increased.

protection of the fish in said stream and waters, to the end that the supply of fish for food may be permanently increased.

      Sec. 2.  This Act shall be made effective by an order of the Board of County Commissioners published in a newspaper within the county, which order shall name the stream or streams and waters within the county in which the catching of fish is to be restricted, and shall state the period over which the close season is to extend; provided, that no such order shall be effective without such publication for the period of at least one month before the date upon which the order is to take effect; and further provided, that no such publication shall be made at an expense to the county of more than three dollars.

      Sec. 3.  Any person who shall violate the provisions of said order of the Board of County Commissioners shall be guilty of a misdemeanor, and shall be fined not to exceed thirty ($30) dollars, or imprisoned in the county jail not to exceed fifteen (15) days, or by both such fine and imprisonment in the discretion of the Court, for each offense.

Board to publish order

Provisos.

Misdemeanor.

Penalty.

Chap. XCI.–An Act to amend Section 3 of an Act entitled “An Act providing for the cooperation of the State of Nevada with the Secretary of the Interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada, for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensation; providing for penalties for infringements hereof, and enacting a standard measure of water, and conferring upon the Secretary of the Interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an Act of the Congress of the United States, approved June 17, 1902, entitled ‘An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands,’ approved February 16, 1903.”

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section three of said Act is hereby amended so as to read as follows:

      Section 3.  The office of State Engineer is hereby created. He shall be appointed by the Governor and shall receive a salary not exceeding twenty-four ($2,400) dollars per annum, payable in equal monthly installments by the State Treasurer, upon warrants drawn by the State Controller.

State Engineer.

Salary.

Qualifications.

At pleasure of Governor.

Effect.

upon warrants drawn by the State Controller. He shall keep his office at the State Capitol. No person shall be appointed as such State Engineer who does not have such training in hydraulic engineering and such practical skill and experience as shall fit him for the position. He shall hold the office at the pleasure of the Governor, but his successor shall, in all cases, have the foregoing qualifications.

      Sec. 2.  This Act shall be in full force and effect immediately after its approval.

Judicial Districts remodeled.

Two Judges for Second District.

To take effect in 1907.

Exception.

Salaries of Judges.

Chap. XCII.–An Act to create Judicial Districts in the State of Nevada, provide for the election of District Judges therein and to fix their residences and the salary, and to repeal all other Acts in relation thereto.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The State of Nevada is hereby divided into four Judicial Districts; the Counties of Storey, Douglas, Ormsby, Lyon, and Esmeralda shall constitute the First Judicial District; the Counties of Washoe, Churchill, and Humboldt shall constitute the Second Judicial District; the Counties of Eureka, Lander, and Nye shall constitute the Third Judicial District; the Counties of Elko, Lincoln, and White Pine shall constitute the Fourth Judicial District. For each of said districts Judges shall be elected by the qualified electors thereof at the general election in the year 1906, and every four years thereafter, as follows: For each of said districts except the Second Judicial District, there shall be elected one Judge. For the Second Judicial District there shall be two Judges elected.

      Sec. 2.  Until the first Monday in January, one thousand nine hundred and seven, the Judicial Districts of this State shall be and remain as heretofore provided by law, unless there shall occur vacancies in the offices now held by the present incumbents, by deaths, resignation or otherwise, provided that in case of such vacancies, the provisions of this Act shall take immediate effect when practicable.

      Sec. 3.  The salary of each Judge hereafter elected, or appointed to fill vacancies, shall be four thousand dollars per annum, except the Judge of the Fourth Judicial District, whose salary shall be four thousand five hundred dollars per annum, all of said salaries to be paid in equal monthly installments, out of the District Judges’ Salary Fund, hereby created in the State Treasury, which fund shall be supplied in the manner following, to wit:

      Each county in each district in the State shall contribute annually to the said fund its proportionate share of the money necessary to pay the Judge or Judges of its district their respective salaries monthly for such year, based upon the assessment roll of each county for the previous year; and it is hereby made the duty of the County Commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their counties’ quota of said District Judges’ Salary Fund, to the State Treasurer, at such times and in such installments as will enable the State Treasurer to pay each District Judge one-twelfth of this annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the County Treasurers, and if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the county treasuries, except those belonging to the Public School Fund.

money necessary to pay the Judge or Judges of its district their respective salaries monthly for such year, based upon the assessment roll of each county for the previous year; and it is hereby made the duty of the County Commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their counties’ quota of said District Judges’ Salary Fund, to the State Treasurer, at such times and in such installments as will enable the State Treasurer to pay each District Judge one-twelfth of this annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the County Treasurers, and if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the county treasuries, except those belonging to the Public School Fund. No salary of any District Judge shall be paid in advance.

      Sec. 4.  The Second Judicial District shall be entitled to, and shall have two District Judges, one of which shall reside at the county seat of Washoe County, and one of which shall reside at the county seat of Humboldt County; they shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner; provided, that they shall hold a term of court at the county seat of Churchill County once every two months.

      Sec. 5.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

How raised and paid.

No salary in advance.

Relating to Second District.

Churchill County.

Repeal.

Chap. XCIII.–An Act to amend Section 5 of an Act approved March 22, 1865, entitled “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto.” (Compiled Laws of Nevada, Sec. 975.)

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 5 of said Act is hereby amended so as to read as follows:

      Section 5.  There shall be, after the first election of Directors, as prescribed by the first section of this Act, annual meetings of the stockholders held in one of the counties in which or through which such road is proposed to be or may be constructed, for the election of Directors, to serve for the ensuing year, notice of which, appointing a time and place, shall be given for the first annual election and every subsequent election thereafter, as prescribed by the by-laws of the company, or by a resolution of the Board of Directors, which notice shall be published not less than twenty days previous thereto in a newspaper published in each county through or into which such road shall pass or be intended to run (if there be stockholders residing therein), in which a newspaper shall be published; and if no newspaper is published therein, then by six written or printed notices put up in the most public places in said county.

Amending Act providing for incorporation of railroad companies.

Notice of meeting to be published.

Restriction as to voting stock.

One Director must be resident of Nevada.

and place, shall be given for the first annual election and every subsequent election thereafter, as prescribed by the by-laws of the company, or by a resolution of the Board of Directors, which notice shall be published not less than twenty days previous thereto in a newspaper published in each county through or into which such road shall pass or be intended to run (if there be stockholders residing therein), in which a newspaper shall be published; and if no newspaper is published therein, then by six written or printed notices put up in the most public places in said county. Directors shall be elected from time to time as a majority of the whole stock shall determine, or as the by-laws shall designate, as may be determined in the formation of articles of association, in pursuance of the provisions of the first and second sections of this Act; shall be chosen at such meetings of stockholders by ballot and by a majority of the votes of the stockholders being present in person or by written proxy; and every such stockholder being so present, either in person or by proxy, at any election for Directors, shall be entitled to give one vote for every share of stock which he may have owned for ten days next preceding such election; but no stockholder shall vote at any such election upon any stock, except such as he shall have owned for ten days. No person shall be a director unless he shall be a stockholder, owning stock absolutely in his own right, and qualified to vote for Directors at the election at which he may be chosen. The Directors shall hold their office for one year, and until others are elected in their places. At least one Director shall, at the time of his election, be a resident of this State.

Time of bonded loan extended.

Chap. XCIV.–An Act supplemental to an Act entitled “An Act authorizing a State loan,” approved March 6, 1893, as amended and approved March 16, 1895.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The period of the loan and the time of the payment of any and all bonds that have been issued under and by authority of an Act entitled “An Act authorizing a State loan” approved March 6, 1893, as amended and approved March 16, 1895, are hereby extended for ten years upon the same terms, interest and conditions as the original loan.

Chap. XCV.–An Act to provide for the measurement of water used on irrigated areas, the determination of the losses from irrigating ditches and the remedies therefor, and the study of the best methods of distributing and using water in growing crops in the State of Nevada, in cooperation with the United States Department of Agriculture and the Nevada Experiment Station.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the measurement of water used on irrigated areas, the determination of the losses from irrigating ditches and the remedies therefor, and the study of the best methods of distributing and using water in growing crops in the State of Nevada during the years 1905 and 1906, the sum of two thousand dollars is hereby appropriated out of the General Fund of the State. This sum shall be credited to the investigations carried on by the representative or agent of the United States Department of Agriculture in charge of irrigation investigations in association with the Nevada Agricultural Experiment Station; said money or any part thereof, to be available when the officer in charge of such investigation on behalf of the Federal Government shall have certified to the Governor of Nevada that an equal or greater sum will be allotted for investigation in the State of Nevada out of any appropriation made by the Congress of the United States for such work.

      Sec. 2.  The State Board of Irrigation shall direct the expenditure of money appropriated by section one of this Act, upon plans approved by said Board which the representative of the United States Department of Agriculture in charge of irrigation investigations shall supply.

      Sec. 3.  The measurements and investigations contemplated by this Act shall be made by the agents of the United States Department of Agriculture, and the expenses thereof shall be allowed and paid out of the money appropriated for that purpose upon vouchers signed by the agent of the Department of Agriculture in charge of said work and certified by the Chairman and Secretary of the Board of Irrigation, in the same manner as other bills against the State are allowed and paid.

      Sec. 4.  After the reports of the results of any investigations made under the provisions of this Act have been published by the United States Department of Agriculture, the State Printing Office shall publish such additional copies of these reports, for distribution to the citizens of the State of Nevada, as the State Board of Irrigation shall direct.

      Sec. 5.  The results of the investigations shall be reported

Appropriation of $2,000.

Cooperation with National Government.

Irrigation Board shall direct expenditure.

Money, how paid.

Reports to be published.

Results reported.

to the State Board of Irrigation from time to time, as said State Board shall direct.

Regarding Nevada War Claims.

Attorneys allowed 10 per cent of collections.

Chap. XCVI.–An Act in relation to the collection of the War Claims of the State of Nevada against the Government of the United States.

[Approved March 17, 1905.]

      Inasmuch as an agreement has been entered into by the State Board of Examiners of the State of Nevada with John Mullin and Jackson H. Ralston of Washington City, D. C., as attorneys to represent the State of Nevada, before the Court of Claims at Washington in the matter of the War Claims of the State of Nevada against the Government of the United States, upon conditions namely: That after the above-mentioned service has been faithfully performed by said attorneys, the amount of compensation therefor shall be determined and fixed by the Legislature, thereafter to be convened, now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  In the ratifications of the foregoing conditions it is further agreed that the attorneys aforesaid shall be allowed by the State of Nevada the sum of ten per centum on all collections made and paid into the State Treasury of the State of Nevada; provided, that said attorneys shall have no power or authority to compromise or commute in any manner the amount of the claims of the State of Nevada, but upon any awards made by the Court of Claims to the State of Nevada, the aforesaid attorneys shall be entitled to the commissions named in this Act.

Preamble.

Lost poll taxes.

Chap. XCVII.–An Act for the relief of Frank Golden.

[Approved March 17, 1905.]

      Whereas, In the year nineteen hundred and four W. S. Beard, then Assessor of Washoe County, Nevada, settled in full for all poll tax received from the State Controller for Washoe County for that year; and

      Whereas, During the said year 1904 one poll-tax book issued by the State Controller and charged to the said W. S. Beard, containing twenty-five blank receipts numbered consecutively from 13,876 to 13,900, inclusive, which said receipts were delivered by the said W. S. Beard, Assessor, to Frank Golden during said year 1904, and which receipts were lost, or for the time being misplaced, and no value or compensation was received for them by said Frank Golden, same being of the value of seventy-five dollars; and

      Whereas, Subsequent to the settlement by said Frank Golden with said W.

Golden with said W. S. Beard, Assessor, for said receipts, same were found, with the exception of two receipts missing therefrom at three dollars each; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of thirty-four dollars and fifty cents is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts. The State Controller is hereby authorized and required to draw his warrant in favor of the said Frank Golden for the said sum of thirty-four dollars and fifty cents and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  The Board of County Commissioners of Washoe County, Nevada, are hereby directed and required to allow the claim of Frank Golden in the sum of thirty-four dollars and fifty cents, the proportion received by said county as its allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed and required to draw his warrant against the General Fund of said county for said amount and the County Treasurer of Washoe County is hereby directed and required to pay the same.

Appropriation of $34.50 for Frank Golden.

Washoe County Commissioners to appropriate like sum.

Chap. XCVIII.–An Act to amend section one of an Act entitled “An Act for the greater security of life, by providing for the use of safety cages and iron bonnets in vertical shafts where iron mining cages are used, of more than three hundred and fifty feet in depth,” approved February 28, 1879.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section one of the Act of which this Act is amendatory is hereby amended so as to read as follows:

      Section 1.  It shall be unlawful for any person or persons, company or companies, corporation or corporations, after the first day of July, A. D. nineteen hundred and five, to sink or work through any vertical shaft, at a greater depth than three hundred and fifty-feet, unless the said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations. The safety apparatus shall be securely fastened to the cage and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. In any shaft less than three hundred and fifty feet deep where no safety cage is used and where crosshead or crossheads are used, platforms for employees, to ride upon in lowering and hoisting said employees shall be placed above said crosshead or crossheads; the provisions of this Act requiring the placing of said platforms on said crosshead or crossheads not later than the first day of July, A.

Protection of lives of miners.

Shafts less than 350 feet deep.

Date of effect.

Misdemeanor.

Penalty.

for employees, to ride upon in lowering and hoisting said employees shall be placed above said crosshead or crossheads; the provisions of this Act requiring the placing of said platforms on said crosshead or crossheads not later than the first day of July, A. D. nineteen hundred and five.

      Sec. 2.  Any person or persons, company or companies, corporation or corporations or the managing agent of any person or persons, company or companies, corporation or corporations, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of five hundred dollars, or imprisoned in the county jail for the term of six months, or by both such fine and imprisonment.

Trustees to appoint Marshal of Carson City.

Repeal.

In effect 1907.

Chap. XCIX.–An Act to amend an Act entitled “An Act to incorporate Carson City,” approved February 25, 1875, approved March 2, 1877, approved March 5, 1879, approved March 6, 1889, approved March 8, 1895.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 10, part fifteenth, of the above-entitled Act is hereby amended so as to read as follows:

      Section 10.  Fifteenth-To appoint a City Marshal as the Board of Trustees shall from time to time determine, said Marshal to be under the direction and control of the said Board of Trustees, and the said Board of Trustees shall have power to remove the Marshal from office at pleasure, upon good cause shown, and upon a charge being preferred, to suspend until the same shall have been passed upon finally.

      Sec. 2.  Section fourteen of the Act of which this Act is amendatory is hereby repealed.

      Sec. 3.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

      Sec. 4.  This Act shall take effect January 1, 1907.

Chap. C.–An Act to authorize the Trustees of Caliente School District No. 16, to issue bonds for the purpose of creating a fund for the erection of public school buildings in the Town of Caliente, Lincoln County, Nevada.

[Approved March 16, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of providing funds for the purchase of a suitable lot of land conveniently located, and for the erection of a school-house, with necessary out-houses and appurtenances thereon, in the Town of Caliente, County of Lincoln, the Board of School Trustees of Caliente School District No.

for the erection of a school-house, with necessary out-houses and appurtenances thereon, in the Town of Caliente, County of Lincoln, the Board of School Trustees of Caliente School District No. 16, County of Lincoln, are hereby authorized and required to issue bonds in the name of said School District, in a sum not exceeding five thousand dollars, gold coin of the United States, and to pledge the good faith and credit of said School District for the payment of both principal and interest of the same. Such bonds shall be known as “Caliente School House Bonds.” The said School Trustees shall cause the bonds to be prepared and ready for use on the tenth day of May, nineteen hundred and five; said bonds shall be of the denominations of not less than one hundred dollars each, and shall each purport and state upon the face thereof that Caliente School District No. 16, in Lincoln County, State of Nevada, is indebted to the holder, in gold coin of the United States, in the sum therein stated, with interest at a rate not exceeding seven per centum per annum, from and after the date of issuance, interest payable annually on the tenth day of May, nineteen hundred and six, and each year thereafter, said interest to be paid at the office of the County Treasurer of said county. None of said bonds shall run for a longer period than seven years.

      Sec. 2.  When the bonds herein provided for are so prepared and ready for issuance, the said Board of School Trustees shall cause the same to be sold at a price not less than their par value, and the proceeds arising from the sale thereof shall be paid into the Treasury of Lincoln County. The County Treasurer is hereby required to receive and safely keep the same in a fund to be known as “Caliente District School Building Fund,” and to be paid out only for the purposes herein stated, on claims therefor, duly verified, which shall be allowed and ordered paid by the said Board of School Trustees, certified to, and further allowed and ordered paid by the Board of County Commissioners of said county, and duly audited by the County Auditor and upon his warrants drawn therefor upon said fund.

      Sec. 3.  Said Board of School Trustees shall keep a register of all bonds issued under the provisions of this Act, and shall note therein the number, date, amount and maturity of each. The Auditor and Treasurer of said county shall each keep a similar register. All of said bonds shall be signed by the Chairman and Clerk of said Trustees and countersigned by the Treasurer and Auditor of said county, with the seal of the said Auditor impressed thereon; and shall have attached thereto coupons for the payment of each installment of interest, which shall be numbered and shall respectively express the amount of interest due and when payable, and shall be signed and stated in the same manner and by the same officers as herein provided for the signing and sealing of said bonds.

Caliente School House bonds in sum of $5,000.

Interest not over 7 per cent.

Not to run more than 7 years.

Caliente District School Building Fund.

Register of bonds to be kept.

Payment of principal.

Payment of annual interest.

Caliente School District Interest Fund.

Coupons canceled.

Providing for payment of one-half of principal.

Special tax.

      Sec. 4.  One-half of the principal of such bonds which may be issued under authority of this Act, shall be due and payable on the tenth day of May, nineteen hundred and nine, and the other half shall be due and payable on the tenth day of May, nineteen hundred and twelve, and the whole thereof shall be paid at the office of the County Treasurer of said county.

      Sec. 5.  For the purpose of providing for the payment of the annual interest upon the bonds issued under this Act, there shall be levied upon and collected from all of the property of said School District, including the net proceeds of mines, for the year nineteen hundred and five and each year thereafter until and including the year nineteen hundred and eleven, such special tax as in the judgment of the Board of County Commissioners of said county will produce a sufficient amount of money necessary to pay the interest on said bonds, as herein provided; and the money collected and received from such tax shall be paid into the county treasury, and kept by the Treasurer, in a fund to be known as “Caliente School District Interest Fund,” and the moneys in said fund, or as much thereof as may be necessary, shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due upon presentation and surrender, by the holder of the bonds and coupons therefor; the surplus, if there be any, shall annually be placed in a fund for the redemption and payment of the principal sum of said bonds when due which shall be known as “Caliente Public School Bond Fund.”

      Sec. 6.  When interest shall be paid upon said bonds, the coupon or coupons representing the same, as hereinbefore provided, shall be separated from the bond or bonds, delivered to and canceled by the County Treasurer, who shall thereby return the same and make a note thereof on the register of bonds kept by him in his office.

      Sec. 7.  To provide for the payment of one-half of the principal of said bonds to become due on the tenth day of May, nineteen hundred and nine, a special tax, in addition to the said special tax to pay interest on said bonds, for the year nineteen hundred and five and each year thereafter to and including the year nineteen hundred and nine, there shall be levied upon and collected from all the property in said School District including the net proceeds of mines, a special tax sufficient to produce the amount of money necessary to pay the said one-half of the principal of said bonds to become due on said tenth day of May, nineteen hundred and nine. The money collected and received from such tax shall be paid into the county treasury and placed in said Caliente Public School Bond Fund, and shall be applied to the payment of said one-half of the principal of said bonds to become due on the tenth day of May, nineteen hundred and nine, and said bonds shall be paid when due upon surrender, by the holders thereof, to the County Treasurer, who shall cancel the same by writing across the face thereof the word “Paid” and the date of payment, together with his signature.

the holders thereof, to the County Treasurer, who shall cancel the same by writing across the face thereof the word “Paid” and the date of payment, together with his signature.

      Sec. 8.  For the year nineteen hundred and nine and each year thereafter to and including the year nineteen hundred and eleven, there shall be levied and collected from all of the property in said School District, including the net proceeds of mines therein (in addition to the special tax to pay interest on said bonds), a special tax sufficient to produce an amount of money necessary to pay the remaining one-half of the principal of said bonds to become due on the tenth day of May, nineteen hundred and twelve, and the money arising therefrom, shall be paid into the county treasury, and placed in said Caliente Public School Bond Fund, and applied to the payment of said remaining one-half of the principal of said bonds, and when paid said bonds shall be surrendered and canceled as hereinbefore provided.

      Sec. 9.  Whenever any coupons or bonds shall be paid and canceled as herein provided, the Treasurer shall safely keep them until delivered by him to the Auditor as legally required.

      Sec. 10.  All taxes required by this Act to be levied, assessed, collected and paid into the county treasury of said Lincoln County shall be levied, assessed, collected and paid into said treasury at the same time, and in the same manner and by the same officers as State and county taxes are levied, assessed, collected and paid into said county treasury, and no additional allowance, fees or compensation whatever shall be paid to any officer for carrying out the provisions of this Act.

Treasurer to cancel.

For payment of remainder of bonds.

Treasurer to preserve.

Taxes, how collected.

Chap. CI.–An Act authorizing and requiring the Boards of County Commissioners of the several counties of Nevada to prohibit, under certain conditions, the storage of explosive or combustible materials within a certain distance of the limits of any town or incorporated city in this State.

[Approved March 17, 1905.]

      Whereas, Subdivision seventh of section one of an Act entitled “An Act providing for the government of towns and cities of this State,” approved February 26, 1881, provides that the Boards of County Commissioners of this State shall have power “to regulate the storage of gunpowder and other explosive or combustible materials within said town or city”; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Whenever there shall be filed with the Board of County Commissioners of any county in this State a petition signed by ten per cent of the residents of any town or incorporated city within said county, said ten per cent to be computed from the number of persons paying taxes in said town or incorporated city according to the last preceding assessment roll, praying that the storage of gunpowder, or explosive or combustible materials be prohibited within the limits of such town or city, said Board shall, at the meeting of such Board when such petition is filed, make and enter on the minutes of its proceedings an order prohibiting the storage of explosive or combustible materials within such distance of said town or city as said Board may deem safe and proper; provided, that the distance named in said order for such storage shall not be less than one-fourth mile from the limits of such town or city; provided further, that nothing in this Act contained shall be so construed as to prohibit or prevent the storage by any person, firm or corporation within the limit prescribed by the order of any Board, of not more than one hundred pounds of black and smokeless gun or rifle powder, and not more than five hundred gallons of kerosene oil, nor to prohibit or prevent the keeping within such limits of shotgun or rifle shells and cartridges and cartridge percussion caps by any business firm or individual, nor to prohibit or prevent the storing of powder under ground in mines.

Preamble.

Petition, 10 per cent of taxpayers.

County Commissioners to prohibit.

Provisos.

Exceptions as to rifle powder and kerosene.

Misdemeanor of County Commissioners.

Penalty.

On conviction to lose office.

Order to be published.

incorporated city within said county, said ten per cent to be computed from the number of persons paying taxes in said town or incorporated city according to the last preceding assessment roll, praying that the storage of gunpowder, or explosive or combustible materials be prohibited within the limits of such town or city, said Board shall, at the meeting of such Board when such petition is filed, make and enter on the minutes of its proceedings an order prohibiting the storage of explosive or combustible materials within such distance of said town or city as said Board may deem safe and proper; provided, that the distance named in said order for such storage shall not be less than one-fourth mile from the limits of such town or city; provided further, that nothing in this Act contained shall be so construed as to prohibit or prevent the storage by any person, firm or corporation within the limit prescribed by the order of any Board, of not more than one hundred pounds of black and smokeless gun or rifle powder, and not more than five hundred gallons of kerosene oil, nor to prohibit or prevent the keeping within such limits of shotgun or rifle shells and cartridges and cartridge percussion caps by any business firm or individual, nor to prohibit or prevent the storing of powder under ground in mines.

      Sec. 2.  Any Board of County Commissioners, or any member thereof, failing, neglecting or refusing to comply with all of the provisions of section one of this Act, shall be deemed guilty of a misdemeanor and proceedings shall at once be instituted by the District Attorney of the county, or may be instituted by any citizen of the county, against such Board, or against any member thereof, and upon conviction in any court of competent jurisdiction, the members or any member of such Board shall be fined in a sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or imprisoned in the county jail not less than thirty (30) days nor more than six months, or may be punished by both such fine and imprisonment in the discretion of the Court. Such conviction shall ipso facto remove such Board, or any member thereof so convicted, from office, notice of the vacancy thereby created to be certified by the District Attorney of the county to the Governor of the State, and the Governor, within twenty days from the receipt of such notice, to make appointments to fill such vacancy as may be created.

      Sec. 3.  The order mentioned in section one of this Act to be made by said Board may be published by the Clerk of said Board for two weeks successively in some newspaper published and printed in the town to which said order applies, or, a copy of such notice shall be conspicuously posted in three public places in said town or city, which said publication or posting shall constitute due notice to all concerned, and any person, firm, company or corporation continuing to store any explosive or combustible materials within the limit prescribed by such order and notice, after two weeks subsequent to the giving of such notice or after three weeks subsequent to the making of such order, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or imprisoned in the county jail for a term not less than thirty days nor more than six months, or may be punished by both such fine and imprisonment in the discretion of the Court.

by such order and notice, after two weeks subsequent to the giving of such notice or after three weeks subsequent to the making of such order, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or imprisoned in the county jail for a term not less than thirty days nor more than six months, or may be punished by both such fine and imprisonment in the discretion of the Court.

      Sec. 4.  All acts and parts of Acts in conflict herewith are hereby repealed.

Misdemeanor.

Penalty.

Repeal.

Chap. CII.–An Act to provide for the erection of additional cells at the Nevada State Prison.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of ten thousand dollars is hereby appropriated out of any money in the General Fund of the State not otherwise appropriated, for the erection of additional cells at the Nevada State Prison.

      Sec. 2.  The State Controller is hereby authorized to draw his warrant in favor of the Board of the State Prison Commissioners of the Nevada State Prison for the sum named in section one of this Act, and the State Treasurer is hereby directed to pay the same.

Appropriation of $10,000

Duties of Controller and Treasurer.

Chap. CIII.–An Act to amend an Act entitled “An Act supplemental to an Act entitled ‘An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada,’ approved March 12, 1885, as amended February 1, 1887, as amended February 9, 1887, as amended March 3, 1887, as amended March 5, 1887, as amended March 5, 1887, as amended March 11, 1889, as amended March 11, 1889, as amended March 21, 1891, as amended February 28, 1893, as amended March 10, 1897, as amended March 18, 1899,” approved March 13, 1903.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section one of said Act is hereby amended so as to read as follows:

      Section 1.  Any applicant for lands in the State of Nevada, who is now a contestant or party to any suit in the Courts of this State involving the right to purchase the lands so applied for, and who fails to prosecute with due diligence the suit or suits so instituted, within one year after the approval of this Act, shall be deemed as having abandoned his or her right in said land or lands, and the opposing or adverse applicant or claimant shall be entitled to complete and purchase and receive a patent or patents therefor.

Concerning lands in litigation.

Due diligence must be used.

Clerk of Court to notify Land Register.

Land and money forfeited, when.

this State involving the right to purchase the lands so applied for, and who fails to prosecute with due diligence the suit or suits so instituted, within one year after the approval of this Act, shall be deemed as having abandoned his or her right in said land or lands, and the opposing or adverse applicant or claimant shall be entitled to complete and purchase and receive a patent or patents therefor. Where neither party to the suit or contest prosecutes the suit with due diligence within the time required by the provisions of this Act, the suit shall be dismissed by the Court before which such suit is pending, upon the request of any citizen of the State, and upon the payment to the Clerk of said Court by the party making such request, of all court costs, it shall be the duty of the Clerk of the Court to immediately notify the State Land Register of the dismissal of such suit, and upon the receipt of such notification, the State Land Register shall declare the land and money paid therefor forfeited to the State, and the land shall be open to entry.

      Sec. 2.  Where the contest papers certified from the State Land Office have not been filed, then the certificate of the Clerk that no suit is pending before said court affecting said contest or contests, shall operate and have the same force and effect as the certificate of dismissal in cases where suits are pending and the contest papers have been filed, and upon receipt of such certificate of no suit pending the State Land Register shall declare the land and money paid therefor forfeited to the State, and the land shall be open to entry.

Military Auditors to purchase building.

Appropriation of $8,000.

Chap. CIV.–An Act to authorize and empower the State Board of Military Auditors to purchase a suitable building for the storing of arms, equipments, military stores and all other property belonging to the State.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Whenever in the judgment of the State Board of Military Auditors, it becomes necessary for the storing of arms, equipments, military stores and all other property belonging to the State, the said Board of Military Auditors are hereby authorized and empowered to obtain by purchase the pavilion formerly owned by Agricultural District Number One, or any other suitable building, situated in Carson City.

      Sec. 2.  The sum of eight thousand dollars is hereby appropriated out of any moneys in the General Fund of the State to carry out the provisions of this Act, and the State Controller is hereby directed to draw his warrant for said amount and the State Treasurer is hereby directed to pay the same.

Controller is hereby directed to draw his warrant for said amount and the State Treasurer is hereby directed to pay the same.

Chap. CV.–An Act to provide for abating nuisances in unincorporated towns in the State of Nevada.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purposes of this Act, nuisances in any unincorporated town in this State shall be deemed to consist of permitting filth heaps, garbages, unprotected sewage or drainage pipes or boxes, cesspools, obstructions to the safe and convenient passage of vehicles and pedestrians through and over the public highways, streets and alleys and other such nuisances as may be named by the State Board of Health, or County Board of Health, to remain unabated after due notice to abate or remove same as required by the provisions of this Act.

      Sec. 2.  Upon the complaint of any resident in any unincorporated town in this State to the Sheriff or Constable in which the unincorporated town is situated that a nuisance exists in said unincorporated town, or from the personal observation and knowledge of the Sheriff or Constable that a nuisance exists in any unincorporated town of the nature mentioned in section one of this Act, the said Sheriff or Constable shall notify the property owner or occupants of the premises causing or permitting the nuisance to exist that unless said nuisance is abated or removed within ten days after service of notice, the said Sheriff or Constable will abate or remove, or cause to be abated or removed, at the expense of the owner of the property, the nuisance complained of or found to exist. Notice to abate or remove any nuisance shall be served upon the owner or occupants of the premises, or agent of the owner of the property or premises responsible for the unabated nuisance. If the owner of the property is unknown or absent with no known representative or agent upon whom notice can be served, then the Sheriff or Constable shall post a written or printed notice upon the property premises, setting forth that unless the nuisance is abated or removed within ten days, the said Sheriff or Constable will abate or remove, or cause to be abated or removed, at the expense of the owner and property, the nuisance complained of and found to exist; provided, that in carrying out the provisions of this Act, no charge, debt or claim against any individual owner or any one piece of real property shall exceed the sum of fifty dollars.

      Sec. 3.  Any unpaid sum of money against the property or owner accrued in abating or removing nuisances contemplated by this Act, shall be a claim against the property and may be recovered in an action at law in any court of competent jurisdiction in the county in which the unincorporated town is situated.

Nuisances in unincorporated towns.

Sheriff or Constable to abate nuisances.

Officer to post notice.

Proviso as to cost.

Expense to be claim against property.

recovered in an action at law in any court of competent jurisdiction in the county in which the unincorporated town is situated. The amount recovered to be disbursed in paying the expenses of abating or removing the nuisance and court expenses.

Employers must not discount sums owing employees.

Misdemeanor.

Penalty.

Exceptions.

Chap. CVI.–An Act making it unlawful for employers to discount time labor checks issued by them to their employees.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Whenever any person or persons, firm, corporation or association whether acting as principal or agent, contractor or sub-contractor, shall hire or employ any other person or persons for the performance of any labor, or service, and shall issue to such person or persons time checks for the labor or service performed, it shall be unlawful for the person or persons, firm, corporation or association, issuing such time checks to discount the same or deduct therefrom any portion of the sum as such discount.

      Sec. 2.  Any employer of labor, or his agent or representative, violating the provisions of section one shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50) or more than three hundred ($300) dollars, or by imprisonment in the county jail for not less than thirty days or more than six months, or by both such fine and imprisonment.

      Sec. 3.  Nothing in this Act shall apply to persons, firms, associations or corporations, making discounts, deduction, or pro rata payments in the course of bankruptcy or insolvency proceedings, or in the settlement of the estates of deceased persons.

Act amended

Chap. CVII.–An Act to amend an Act entitled “An Act to amend Section 124 of an Act entitled ‘An Act to provide revenue for the support of the Government of the State of Nevada, and to repeal certain Acts relating thereto,’ approved March 23, 1891,” approved February 26, 1903.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 124 of an Act entitled “An Act to provide revenue for the support of the Government of the State of Nevada, and to repeal certain Acts relating thereto,” approved March 23, 1891, approved February 26, 1903, is hereby amended so as to read as follows:

      Section 124.  Any person or persons who may conduct any hurdy-gurdy house, dance house or concert saloon in this State, where women or girls are employed to dance or to solicit the purchase by the person visiting such house, either directly or indirectly, of any kind of liquor, or wine or cigars, or to solicit such persons so visiting to treat to any kind of liquor, wine or cigars, shall, before entering upon the conduct of such dance house, or hurdy-gurdy house, or concert saloon, take out a license, in addition to the retail liquor license, from the Sheriff of the county in which such person or persons propose to carry on such business, and pay therefor the sum of five hundred dollars for each and every three months.

hurdy-gurdy house, dance house or concert saloon in this State, where women or girls are employed to dance or to solicit the purchase by the person visiting such house, either directly or indirectly, of any kind of liquor, or wine or cigars, or to solicit such persons so visiting to treat to any kind of liquor, wine or cigars, shall, before entering upon the conduct of such dance house, or hurdy-gurdy house, or concert saloon, take out a license, in addition to the retail liquor license, from the Sheriff of the county in which such person or persons propose to carry on such business, and pay therefor the sum of five hundred dollars for each and every three months. All moneys received for licenses under the provisions of this Act shall be paid three-quarters into the county treasury and one-quarter into the State Treasury for general county and State purposes respectively.

Saloons where women are employed must pay $500 quarterly license.

Three-fourths to county; one-fourth to State.

Chap. CVIII.–An Act authorizing the Board of Regents of the State University to complete any unfinished building or buildings now on the University grounds; providing the manner of payment therefor, and other matters in relation thereto.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of Regents of the State University is hereby authorized and directed to spend any sum which shall to said Board seem necessary, but not exceeding two thousand dollars, in finishing or completing in accordance with original plans or intention, and of the same materials as used in the construction thereof, any unfinished building heretofore begun and partially completed on the University grounds at Reno, State of Nevada, and the sum of two thousand dollars is hereby appropriated for the purpose named in this section.

      Sec. 2.  The money hereby appropriated shall be taken from the State University Fund, and in its place shall be deposited four bonds of the State of Nevada of five hundred dollars each, bearing interest at the rate of four per cent per annum; said bonds shall run for ten years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State; and each of these bonds shall state in substance that the State of Nevada owes the State University Fund five hundred dollars, the interest on which sum at four per cent per annum the State of Nevada agrees to pay during the life of said bonds for the benefit of the University of the State. Said bonds may be lithographed as is usual in similar cases and deposited with the State Treasurer.

Appropriation not exceeding $2,000.

How money acquired and repaid.

Faith of State pledged.

Annual tax levy.

is usual in similar cases and deposited with the State Treasurer. The interest on said bonds shall be paid semi-annually, on the first day of January and the first day of July of each year, on the written order of the State Board of Education to the State Controller directing him to draw his warrant for the amount of such semi-annual interest on the Contingent University Fund. All sums derived from the interest on said bonds shall be paid to the Contingent University Fund for the support of the University of the State and for the regular and prompt payment of which the faith and credit of the State is hereby pledged.

      Sec. 3.  For the fiscal year beginning January first, nineteen hundred and five, and annually thereafter, such an annual tax shall be levied and included in and be a part of the annual tax levy for the Contingent University Fund, not exceeding one-eighth of one cent on each one hundred dollars, as may be necessary to pay the annual interest on said bonds and create a sinking fund for their redemption and payment at maturity; which tax, when collected, shall be held in said Contingent University Fund and applied only to the payment of said interest and bonds, as required by this Act.

Salaries of Esmeralda County officers.

Sheriff.

Deputy.

County Clerk.

Recorder.

Chap. CIX.–An Act regulating the compensation of county officers in Esmeralda County, in the State of Nevada.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act, the county officers of Esmeralda County, State of Nevada, named in this Act, shall receive the following salaries and fees in full compensation for their services.

      The Sheriff shall receive four thousand ($4,000) dollars per annum, and such fees, in civil actions, as are now allowed by law, and as ex officio Assessor, the Sheriff shall receive twelve hundred ($1,200) dollars per annum. He shall appoint a Deputy Sheriff who shall receive eighteen hundred ($1,800) dollars per annum. He shall also appoint a jailer, who shall be ex officio janitor of the Court House, who shall receive twelve hundred ($1,200) dollars per annum.

      The County Clerk and ex officio County Treasurer shall receive two thousand ($2,000) dollars per annum.

      The County Recorder and ex officio County Auditor shall receive two thousand four hundred ($2,400) dollars per annum, and one-half of such fees as are now allowed by law, over and above the sum of two hundred ($200) dollars per month, which sum shall be by him first collected and paid into the county treasury for each and every month in the manner now provided by law.

manner now provided by law. The District Attorney and ex officio Superintendent of Public Schools shall receive eighteen hundred ($1,800) dollars per annum.

      The County Commissioners shall each receive six hundred ($600) dollars per annum, and mileage at the rate of twenty (20¢) cents per mile, in going to and returning from the county seat, while upon attendance upon the Board of County Commissioners.

      Sec. 2.  All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

District Attorney.

Commissioners.

Repeal.

Chap. CX.–An Act to authorize the Superintendent of Public Instruction of Nevada to employ a stenographic clerk and fixing of compensation.

[Approved March 7, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The State Superintendent of Public Instruction of Nevada is hereby authorized to employ a stenographic clerk, whose compensation shall be seventy-five dollars per month.

      Sec. 2.  The Controller of State shall, at the end of each month, draw his warrant upon the State Treasury in favor of such clerk for the amount of his compensation then due, and the State Treasurer shall pay the same out of any moneys in the State Treasury not otherwise specially appropriated.

      Sec. 3.  This Act to take effect immediately.

Salary named.

Duties of Controller and Treasurer.

In effect.

Chap. CXI.–An Act to secure a larger water supply for the State Capitol and State Orphans’ Home, and making an appropriation therefor.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of ten thousand dollars is hereby appropriated out of any moneys in the General Fund of the State, not otherwise appropriated, for the purpose of providing a larger water supply for the State Capitol and the State Orphans’ Home.

      Sec. 2.  Within six months after the approval of this Act, the Board of Capitol Commissioners are hereby authorized, empowered and required to commence the sinking of an artesian well upon the grounds of the Capitol Square or upon the grounds of the State Orphans’ Home for the purpose of developing artesian or subterranean water supply for the uses of the State.

Appropriation of $10,000

Duties of Capitol Commissioners.

To purchase machinery.

To determine depth and size.

May allow claims.

sian well upon the grounds of the Capitol Square or upon the grounds of the State Orphans’ Home for the purpose of developing artesian or subterranean water supply for the uses of the State.

      Sec. 3.  The Board of Capitol Commissioners may purchase well-boring machinery, and conduct the management of the work, or contract for sinking said well. The main pipe for said well to be advertised for in such manner as the Board of Capitol Commissioners may deem best; the lowest responsible bid to be accepted.

      Sec. 4.  The Board of Capitol Commissioners shall determine the depth of the well and size of pipe to be used, and may lessen or increase the depth of said well owing to the water supply developed.

      Sec. 5.  The Board of Examiners may, from time to time, as the work progresses, allow claims in whole or in part for services performed, or supplies furnished. The State Controller is authorized to draw his warrants for such claims; such warrants the State Treasurer is authorized to pay.

County Commissioners to regulate steam machinery.

Steam engineer’s licenses.

Three years experience required.

Chap. CXII.–An Act authorizing and empowering the Boards of County Commissioners of the several counties of this State to regulate, issue licenses to and revoke the licenses of stationary engineers and others having charge or control of stationary engines, boilers, steam hoists and other steam generating apparatus and machinery.

[Approved March 17, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  In addition to the various other powers and duties provided by law for the Boards of County Commissioners of the several counties of the State, said Boards shall have the power, and it is hereby made their duty, to regulate the operation of stationary engines, steam apparatus and machinery, subject to and in conformity with the provisions of this Act.

      Sec. 2.  The several Boards of County Commissioners are hereby authorized and required to prepare engineer’s licenses and oaths and affidavits, as hereinafter provided, which licenses shall be issued, on application therefor, under the provisions of this Act, and which, before issuance, must be signed by a majority of the Board issuing same.

      Sec. 3.  No license shall be granted or issued to any person to operate any stationary engine, steam boiler, hoist, apparatus or machinery, until the applicant therefor shall have taken and subscribed to an oath that he has had at least three years’ experience in the operation of steam boilers and machinery, or whose knowledge and experience is not such as to justify the Board before whom such application is made in the belief that he is competent to take charge of all classes of steam boilers and other stationary steam machinery.

and subscribed to an oath that he has had at least three years’ experience in the operation of steam boilers and machinery, or whose knowledge and experience is not such as to justify the Board before whom such application is made in the belief that he is competent to take charge of all classes of steam boilers and other stationary steam machinery.

      Sec. 4.  Whenever complaint is made against an engineer holding a license as herein provided that he, through negligence, want of skill or inattention to duty, has permitted any boiler in his charge to burn, or has jeopardized life or property, the Board shall make a thorough investigation of the charge, and upon satisfactory proof that the same is true, shall revoke the license of such engineer; and, whenever a complaint is made that any person holding a license as herein provided has been in a state of intoxication or insobriety while on duty, such charge shall be thoroughly investigated by the Board, and, upon satisfactory proof of its truth, the license of such person shall be revoked forthwith, and no license shall thereafter be issued to such person by any Board of County Commissioners of this State.

      Sec. 5.  A license issued by any Board of County Commissioners of this State, as herein provided, shall, so long as the same remain unrevoked, entitle the lawful holder thereof to the privileges thereby conferred in any other county of this State upon his recording the same with the Clerk of the Board of Commissioners of the county in which he desires to exercise those privileges.

      Sec. 6.  For the license herein provided, the applicant shall before the issuance of same, pay a fee in the sum of five ($5) dollars, which fee shall be assigned to the General Fund of the county in which paid.

      Sec. 7.  Any person operating any stationary engine, steam boiler, hoist or other stationary steam machinery or apparatus, where the lives, health or limbs of men may be involved, who has not first procured the license herein provided for, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined in a sum not less than fifty ($50) dollars nor more than two hundred and fifty ($250) dollars, or by imprisonment in the county jail not less than thirty nor more than one hundred and twenty days, or by both such fine and imprisonment, in the discretion of the Court; provided, that nothing in this Act contained shall be held to apply to those operating in person their own private steam apparatus nor to persons operating any stationary engine, steam boiler or other steam apparatus or machinery for town or city purposes.

      Sec. 8.  This Act shall take effect thirty days from its passage and approval, and all Acts and parts of Acts in conflict herewith are hereby repealed.

Revocation of license, when.

License good in all counties.

Fee, $5.

License shall be procured.

Misdemeanor.

Penalty.

Exceptions.

To take effect.

Clergyman or priest not to divulge confession

Chap. CXIII.–An Act to amend section three hundred and eighty-three of an Act entitled “An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto,” approved March 8, 1869.

[Approved March 7, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section three hundred and eighty-three of said Act is hereby amended so as to read as follows:

      Section three hundred and eighty-three.  A clergyman or priest shall not, without the consent of the person making the confession, be examined as a witness as to any confession made to him in his professional character.

Nye County officers’ salaries.

Sheriff and Assessor.

Deputy Assessors.

Deputy Sheriff.

Treasurer.

Commissioners.

District Attorney.

Repeal.

Chap. CXIV.–An Act relating to the compensation of county officers in Nye County, in the State of Nevada.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act, the county officers of Nye County, State of Nevada, named in this Act, shall receive the following salaries and fees in full compensation for their services:

      The Sheriff and ex officio Assessor shall receive two thousand ($2,000) dollars per annum, and such fees and commissions as are now allowed by law.

      The Sheriff and ex officio Assessor shall be allowed for Deputy Assessors the sum of one thousand six hundred ($1,600) dollars per annum.

      The Deputy Sheriff shall receive twelve hundred ($1,200) dollars per annum.

      The Treasurer shall receive two thousand ($2,000) dollars per annum.

      The County Commissioners shall each receive six hundred ($600) dollars per annum, and mileage at the rate of twenty cents (20¢) per mile in going to, and returning from the county seat when upon regular attendance of the Board of County Commissioners.

      The District Attorney and ex officio Superintendent of Public Schools shall receive two thousand ($2,000) dollars per annum, and such fees as are now allowed by law.

      Sec. 2.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Chap. CXV.–An Act authorizing the State Treasurer to transfer all moneys in University Interest and Sinking Funds No. 1 and No. 2, 1897, to the State Interest and Sinking Fund.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The State Treasurer is hereby authorized and empowered to transfer all of the moneys in University Interest and Sinking Fund No. 1, 1897, and all of the money in University Interest and Sinking Fund No. 2, 1897, to the State Interest and Sinking Fund.

State Treasurer to transfer money.

Chap. CXVI.–An Act to repeal an Act entitled “An Act to create Coroner’s Townships, making Justices of the Peace ex officio Coroners therein, fixing their townships, prescribing their duties and compensation, providing when it shall take effect, and to repeal all other Acts and parts of Acts in conflict with this Act,” in all counties in which two thousand votes or more were polled at the last general election.

[Approved March 15, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  An Act entitled “An Act to create Coroner’s Townships, making Justices of the Peace ex officio Coroners therein, fixing their townships, prescribing their duties and compensation, providing when it shall take effect and to repeal all Acts and parts of Acts in conflict with this Act,” approved February 23, 1899, is hereby repealed in all counties in which two thousand (2,000) votes or more were polled at the last general election.

      Sec. 2.  This Act shall take effect immediately.

Act not to apply in counties casting 2,000 votes at last election.

Effect.

Chap. CXVII.–An Act to segregate certain county officers in Lincoln County, and to fix the salaries thereof.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the first Monday in January, 1907, the office of County Clerk and ex officio Clerk of the Court and of the Board of County Commissioners of said county, and the office of County Treasurer of said county shall be separate and independent offices.

      Sec. 2.  At the general election held in the year 1906, and at each general election thereafter, there shall be elected in said Lincoln County, a County Clerk and ex officio Clerk of the Court and of the Board of County Commissioners, and a County Treasurer, each of which officers shall qualify by filing bonds in such amounts as may be required by the Board of Commissioners of said county.

Segregating County Clerk and County Treasurer of Lincoln County.

County Clerk and County Treasurer to be elected in 1906.

Salaries of each officer.

Repeal.

said Lincoln County, a County Clerk and ex officio Clerk of the Court and of the Board of County Commissioners, and a County Treasurer, each of which officers shall qualify by filing bonds in such amounts as may be required by the Board of Commissioners of said county. Said County Clerk and ex officio Clerk of the Court and of the Board of Commissioners shall receive the sum of one thousand and eighty dollars a year, and the said County Treasurer shall receive the sum of fourteen hundred dollars a year from the county in full compensation for their services.

      Sec. 3.  All Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed.

Salaries of Lyon County officers.

Clerk.

County Recorder to be ex officio Auditor and ex officio Superintendent of Schools.

Chap. CXVIII.–An Act to amend an Act entitled “An Act consolidating certain county officers in Lyon County, and regulating the compensation of the county officers in said county,” approved March 16, 1891, approved February 18, 1893, approved March 10, 1897.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section three of said Act is hereby amended so as to read as follows:

      Section three.  On and after the first day of April, nineteen hundred and five, the County Clerk, as ex officio County Treasurer of Lyon County, shall receive an annual salary of fifteen hundred dollars, which shall be in full compensation for all services rendered by him, both as County Clerk and ex officio County Treasurer. He shall make no charge for services performed by him for said county, but all fees authorized by law shall be collected by him and turned into the county treasury. He shall furnish the Board of County Commissioners of said Lyon County, on the first Monday of each and every month, an itemized statement, under oath, of the amount of fees so collected, and date of entry on the books of the Treasurer’s office, and the date when said fees were turned into the county treasury.

      Sec. 2.  Section four of said Act is hereby amended so as to read as follows:

      Section four.  On and after the first day of April, nineteen hundred and five, the County Recorder as ex officio County Auditor and also as ex officio Superintendent of Public Schools of Lyon County, shall receive an annual salary of fifteen hundred dollars, which shall be in full compensation for all services performed by him for said county as County Recorder and ex officio County Auditor and ex officio Superintendent of Public Schools. He shall make no charge for services performed for the county, but all fees authorized by law shall be collected by him and paid to the County Treasurer on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous, and also a duplicate copy thereof with the Board of County Commissioners.

by law shall be collected by him and paid to the County Treasurer on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous, and also a duplicate copy thereof with the Board of County Commissioners.

      Sec. 3.  Section five of said Act is hereby amended so as to read as follows:

      Section five.  On and after the first day of April, nineteen hundred and five, the Sheriff, as ex officio County Assessor of Lyon County, shall receive an annual salary of eighteen hundred dollars, and shall have authority to appoint a deputy, who shall act as jailer and janitor with an annual salary of twelve hundred dollars, and shall receive for all services and duties to be performed by him as Sheriff all fees now allowed by law, which together with this salary as ex officio County Assessor, shall be in full compensation for all services and duties to be performed by him as both Sheriff and ex officio County Assessor. The Sheriff is further authorized and empowered in case of emergency to appoint an additional Deputy Sheriff at a salary of seventy-five dollars per month, said salary to be paid out of the General Fund of Lyon County. The appointment of such additional deputy shall only be made with the approval of the Board of County Commissioners and for such time as said Board may deem necessary.

      Sec. 4.  Section eight of said Act is hereby amended so as to read as follows:

      Section eight.  On and after the first day of April, nineteen hundred and five, the District Attorney shall receive an annual salary of nine hundred dollars, which shall be in full compensation for all services performed by him as District Attorney.

      Sec. 5.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Salary of Sheriff and ex officio Assessor.

Additional deputy, when.

Salary of District Attorney.

Repeal.

Chap. CXIX.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act permitting the establishment of County High Schools in the various counties of this State, and providing for the construction, maintenance and management of the same,’ approved March 4, 1895,” as amended February 28, 1899.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Subdivision first of section six of said Act is hereby amended so as to read as follows:

Elko County District Attorney member of County Board of Education.

      First-In Elko County the District Attorney, and in other counties, the County Superintendent of Schools of the county in which a county high school has been or shall be established, shall be one member of the County Board of Education.

State Board of Agriculture authorized to exchange land.

Chap. CXX.–An Act authorizing and empowering the State Board of Agriculture to exchange a strip of land of the Agricultural Grounds, for a like strip of land belonging to Washoe County now the county road running from Reno to Wedekind.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The State Board of Agriculture are hereby authorized and empowered to exchange with the Board of County Commissioners of Washoe County a strip of land along the west and north line of the Agricultural Grounds, for a like strip of ground belonging to the County of Washoe and which is now part of the county road between the City of Reno and the Town of Wedekind running along the south and east boundary of the Nevada State Agricultural Society’s lands.

Further burials prohibited.

Chap. CXXI.–An Act to authorize the Trustees of Reno Lodge No. 13, Free and Accepted Masons, and the Trustees of Reno Lodge No. 14, Independent Order of Odd Fellows, of Reno, Nevada, to sell the land embraced within what is known as the “Old Masons’ and Odd Fellows’ Cemetery” and to remove remains therefrom.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The further interment of bodies in the land situated in the southeast quarter of Section 10, Township 19 north, Range 19 east, M. D. B. and M., near the western corporate limits of the City of Reno, and known as the “Old Masons’ and Odd Fellows’ Cemetery,” and more particularly described in those two certain deeds of John Larcombe, dated respectively March 28, 1871, and November 14, 1876, and recorded respectively in Book 4 of Deeds at page 190, and Book 6 of Deeds at page 332, Records of Washoe County, is hereby prohibited.

      Sec. 2.  The Trustees of Reno Lodge No. 13, Free and Accepted Masons, and the Trustees of Reno Lodge No.

Accepted Masons, and the Trustees of Reno Lodge No. 14, Independent Order of Odd Fellows, of Reno, Nevada, acting jointly and for and on behalf of said lodges, are hereby authorized to remove or cause to be removed from said land the remains of all bodies buried and now remaining therein and all monuments, headstones and lot or plot curbing or fences thereon, to what is known as the “New Masons’ and Odd Fellows’ Cemetery,” or other suitable place or places; and to sell at public or private sale, the said land first above described and now belonging to the said above-named lodges, and by good and sufficient deed or deeds to convey the same to the purchaser or purchasers thereof, and to apply so much of the proceeds of such sale or sales as may be required for such purpose toward payment of the expenses of said removal.

      Sec. 3.  All persons having relatives or friends buried within the limits of said “Old Masons’ and Odd Fellows’ Cemetery,” and desiring to remove such remains to some suitable place at their own expense, shall receive a permit so to do by the Trustees of said lodges.

Fraternal orders authorized to remove bodies and sell land.

Relatives may remove remains.

Chap. CXXII.–An Act to amend an Act entitled “An Act fixing the salaries and compensations of the officers of Humboldt County, and consolidating certain offices in said county, and to repeal all other Acts in relation thereto,” approved March 9, 1891, approved March 6, 1899, approved March 20, 1903.

[Approved March 13, 1905.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  On and after the passage of this Act, the Sheriff of Humboldt County shall receive the sum of twenty-four hundred dollars per annum, which shall be compensation in full for all services rendered. The Sheriff shall pay into the county treasury each month all moneys collected by him as fees. The Deputy Sheriff shall receive the sum of twelve hundred dollars per annum as salary, and he shall act as jailer, without further compensation; provided, that when it becomes necessary in criminal cases for the Sheriff to travel a greater distance than twenty miles from the county seat, he shall be allowed his necessary expenses therefor; provided further, that when it becomes necessary in civil cases for the Sheriff to travel a greater distance than twenty miles from the county seat, he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of the action are taxed. He shall present to the Board of County Commissioners a bill of items of such necessary expenses actually paid, which shall be certified under oath, and the Board of Commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.

Salaries of Humboldt County officers.

Sheriff.

Deputy.

County Recorder.

Clerk.

Treasurer.

District Attorney.

County Commissioners.