Sec. 25.  For publication of Supreme Court Decisions and official advertising, twelve hundred dollars ($1,200).

      Sec. 26.  For repairing roof of State Printing Office, two hundred and fifty dollars ($250).

      Sec. 27.  For support of State Orphans’ Home, to be expended under the direction of the Board of Directors, thirty thousand dollars ($30,000).

      Sec. 28.  For salary of one teacher and one assistant teacher at the State Orphans’ Home, twenty-four hundred dollars ($2,400).

      Sec. 29.  For support of Nevada State Prison, fifty-eight thousand dollars ($58,000).

      Sec. 30.  For repairs of the Nevada State Prison, three thousand dollars ($3,000).

      Sec. 31.  For electric alarms of the Nevada State Prison, three hundred and fifty dollars ($350).

      Sec. 32.  For the support of Hospital for Mental Diseases, to be expended under the direction of the Board of Commissioners for the Care of the Indigent Insane, seventy-eight thousand dollars ($78,000).

      Sec. 33.  For repairs for Hospital for Mental Diseases, nineteen hundred dollars ($1,900).

      Sec. 34.  To buy two acres of land and fence for Hospital for Mental Diseases, two hundred and fifty dollars ($250).

      Sec. 35.  Tuition and support of deaf, dumb and blind, forty-five hundred dollars ($4,500).

      Sec. 36.  For traveling expenses of District Judges, twenty-five hundred dollars ($2,500).

      Sec. 37.  For salary of night watchman of the Capitol building, twenty-six hundred and forty dollars ($2,640).

      Sec. 38.  For salary of janitor of Capitol building, twenty-four hundred dollars ($2,400).

      Sec. 39.  For salary of gardener of Capitol grounds, twenty-four hundred dollars ($2,400).

      Sec. 40.  For stationery, fuel, lights for State officers and the State Capitol Building and grounds, thirty-seven hundred dollars ($3,700).

      Sec. 41.  For current expenses for telegraph, postal and contingent for the State officers, Supreme Court and State Library, and for transportation of State property, thirty-six hundred dollars ($3,600).

      Sec. 42.  For election expenses, purchase of paper, boxing, freights, etc., four hundred and fifty dollars ($450).

      Sec. 43.  For expenses of Capitol grounds and water works, eighteen hundred dollars ($1,800).

      Sec. 44.  For salary of Director of State Weather Service, six hundred dollars ($600).

      Sec. 45.  For the support of the State University, forty-two thousand five hundred dollars ($42,500); ten thousand ($10,000) dollars to come from the Interest Account, 90,000-Acres Grant, and thirty-two thousand five hundred ($32,500) to come from the Contingent University Fund, to be expended only for the support and maintenance of the University at Reno.

Publication of Supreme Court decisions.

Repair of State Printing office.

State Orphans’ Home.

Teachers Orphans’ Home.

Nevada State Prison.

Repairs Nevada State Prison.

Electric alarms, State Prison.

Hospital for Mental Diseases.

Repairs for Hospital for Mental Diseases.

For purchase of land.

Deaf, dumb and blind.

District Judges.

Night watchman of Capitol.

Janitor of Capitol.

Gardener of Capitol.

Capitol building, lights and fuel.

Current expenses.

Election expenses.

Capitol grounds.

Weather Service.

State University.

State Library Clerk.

Insurance.

Nevada Reports.

Nevada Reports.

Rewards.

Board of Health.

Furnishing and repairs to Legislative Halls.

State Board of Assessors.

Clerk of Supreme Court.

Nevada Hospital for Mental Diseases.

Purchase of township plats.

Storing ammunition.

Electric plant for State Prison.

Virginia Mining School.

State militia.

Acres Grant, and thirty-two thousand five hundred ($32,500) to come from the Contingent University Fund, to be expended only for the support and maintenance of the University at Reno.

      Sec. 46.  For salary of Clerk of the State Library, eighteen hundred dollars ($1,800), to be paid under the direction of the Secretary of State.

      Sec. 47.  For insurance on Capitol buildings, State Library and public records and furniture, two thousand dollars ($2,000).

      Sec. 48.  Indexing and compiling Nevada Reports, twelve hundred dollars ($1,200).

      Sec. 49.  Printing and binding Nevada Reports Nos. 26, 27 and 28, forty-eight hundred dollars ($4,800), to be expended under the direction of the Superintendent of State Printing.

      Sec. 50.  For payment of rewards offered by the Governor, one thousand dollars ($1,000).

      Sec. 51.  For support of State Board of Health, five hundred dollars ($500).

      Sec. 52.  For furnishing of light and fuel and repairing Legislative Halls and furniture for the Twenty-second Session of the State Legislature, one hundred dollars ($100).

      Sec. 53.  For support of State Board of Assessors and traveling expenses, five thousand dollars ($5,000).

      Sec. 54.  For salary of Secretary of State and ex officio Clerk of the Supreme Court and ex officio Reporter of Supreme Court Decisions, twelve hundred dollars ($1,200).

      Sec. 55.  For completion of building for Nevada Hospital for Mental Diseases, twenty-five hundred dollars ($2,500).

      Sec. 56.  For the purchase of township plats from the United States Surveyor-General’s Office, providing that the price per plat shall not exceed six dollars, two hundred and fifty dollars ($250), payable out of the State School Fund.

      Sec. 57.  For storing ammunition, fifty ($50) dollars.

      Sec. 58.  For the purchase and installation of an electric power pumping plant at the State Prison, twelve hundred and fifty ($1,250) dollars.

      Sec. 59.  For the support of the Virginia Mining School, three thousand ($3,000) dollars, to be expended under the direction of the State Board of Education.

      Sec. 60.  For cleaning and shipment of arms and medical examination of State militia, three hundred ($300) dollars.

Chap. LXXXVIII.–An Act providing a general corporation law.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

Section 1.  Purposes for Which Corporations May Be Formed.

      Section 1.  Any number of persons, not less than three, may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose under the provisions of and subject to the requirements of this Act as hereinafter provided; except to carry on within this State, an insurance business or that of a surety company or that of a railroad company, other than a street railroad.

Sec. 2.  Companies Operating Out of the State.

      Sec. 2.  Notwithstanding the exceptions in the preceding section of this Act, a corporation may be incorporated under this Act to transact the business of an insurance company, life, fire, marine or accident or other form of insurance or of a surety company or of a railroad company, or for other cognate or other like purposes, to operate wholly without this State and may unite the powers to conduct such business without this State, with any powers which it is authorized to exercise without or within this State; provided, such corporation do not infringe the laws of such other State or country, as it may intend to transact business in, by so incorporating under this Act.

Sec. 3.  Formation of Corporation-How Accomplished.

      Sec. 3.  The persons who desire to form a corporation for any one or more of the purposes specified in this Act shall make, sign, and acknowledge, before some person competent to take the acknowledgment of deeds, and file and have recorded in a book provided for that purpose, in the office of the Clerk of the county in which the principal place of business of the company is intended to be located, articles of incorporation, or a certificate of incorporation, and file a certified copy, under the hand of the Clerk and the seal of said county, in the office of the Secretary of State, of said articles or certificate of incorporation.

Sec. 4.  What Articles or Certificate Shall Set Forth.

      Sec. 4.  The certificate or articles of incorporation shall set forth:

Purposes for which corporations may be formed.

Companies operating out of the State.

Formation of corporation, how accomplished.

What articles or certificates shall set forth.

      1-The name of the corporation (which name shall end with the word “incorporated,” or shall contain one of the following words, used therein as a substantive or noun, “association,” “company,” “corporation,” “club,” “society,” or “syndicate”) and shall be such as to distinguish it from any other formed or incorporated in this State or engaged in the same business, or promoting or carrying on the same objects or purposes in this State.

      2-The name of the county and of the city or town and of the place within the county, city or town in which its principal office or place of business is to be located in this State (giving street and number if practicable).

      3-The nature of the business, or object or purposes proposed to be transacted, promoted or carried on by the corporation.

      4-The amount of the total authorized capital stock of the corporation, which shall not be less than two thousand dollars; the number of shares into which the same is divided, and the par value of each share; the amount of subscribed capital stock with which it will commence business, which shall not be less than one thousand dollars; the amount actually subscribed and the amount actually paid up if any; and if there be more than one class of stock created by the certificate of incorporation, a description of the different classes with the terms on which the respective classes of stock are created, and the amount of each class subscribed and amount paid thereon; provided, however, that the provisions of this paragraph shall not apply to corporations not for profit, for which it is desired to have no capital stock; in case any such corporation desires to have no capital stock, it shall be so stated, and the conditions of membership shall be also stated.

      5-The names and postoffice addresses and residences of each of the original subscribers to the capital stock and amount subscribed by each, or if there be no stock, of the original corporators.

      6-The period, if any, limited for the duration of its existence.

      7-Whether the members of its governing board shall be styled Directors or Trustees of the corporation and the number of such Trustees or Directors, which shall not be less than three.

      8-Whether or not capital stock, after the amount of the subscription price or par value has been paid in, shall be subject to assessment to pay debts of the corporation, and, unless provision is made in such original certificate or articles of incorporation for assessment upon paid up stock, no paid up stock and no stock issued as fully paid up shall ever be assessable or assessed, and the articles of incorporation shall not be amended in this particular.

      9-The certificate of articles of incorporation may also contain any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation and the rights, powers or duties of the Directors, the stockholders, or any classes of the stockholders, or holders of the bonds or other obligation of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this State.

insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation and the rights, powers or duties of the Directors, the stockholders, or any classes of the stockholders, or holders of the bonds or other obligation of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this State.

Sec. 5.  When Corporate Existence Begins.

      Sec. 5.  Upon making the certificate or articles of incorporation and causing the same to be filed and recorded as aforesaid, and paying the fees therefor the Secretary of State must issue to the corporation a certificate that a copy of the articles containing the required statement of facts has been filed in his office and thereupon the persons so associating, their successors and assigns, shall from the date of such certificate be and constitute a body corporate, by the name set forth in said certificate or articles, subject to dissolution as in this Act elsewhere provided.

Sec. 6.  Evidence of Incorporation.

      Sec. 6.  A copy of any certificate or articles of incorporation, filed in pursuance of this Act, and certified by the County Clerk of the county in which it is filed or a copy of the copy filed with the Secretary of State certified by him or said certificate, issued by the Secretary of State pursuant to Section 5 of this Act shall be received in all Courts and places as prima facie evidence of the facts therein stated, and of the existence and due incorporation of said corporation therein named.

Sec. 7.  Powers.

      Sec. 7.  Every corporation created under the provisions of this Act shall have power:

      1-To have succession, by its corporate name, for the time stated in its certificate or articles of incorporation, and when no period is limited, perpetually or until dissolved and its affairs wound up according to law.

      2-To sue and be sued, complain and defend in any court of law or equity.

      3-To make and use a common seal and alter the same at pleasure.

      4-To hold, purchase and convey real and personal estate, and to mortgage any such real and personal estate with its franchises; the power to hold real and personal estate, except in the case of religious corporations, shall include the power to take the same by devise or bequest in this State or in any other State, Territory or country.

      5-To appoint such officers and agents as the business of the corporation shall require, and to allow them suitable compensation.

When corporate existence begins.

Evidence of incorporation.

Powers.

Powers.

Banking powers denied.

Additional powers.

      6-To require of them such security as may be thought proper for the fulfillment of their duties, and to remove them at will.

      7-To make by-laws not inconsistent with the Constitution or laws of the United States or of this State, fixing and altering the number of its Directors or Trustees, providing for their election and removal or for the management of its property, the regulation and government of its affairs, and for the certification and transfer of its stock, and to provide suitable penalties for a breach thereof not exceeding $25 in any one case.

      8-To wind up and dissolve itself, or to be wound up and dissolved in the manner hereinafter mentioned.

      9-To conduct business in this State, other States, the District of Columbia, the Territories, Districts, Dependencies and Colonies of the United States and in foreign countries, and have one or more officers out of this State, and to buy or otherwise obtain, hold, purchase, mortgage and convey real and personal property within or out of this State, to issue its bonds, debentures or other securities and hypothecate its franchises and property of any kind as security therefor.

Sec. 8.  Banking Powers Denied.

      Sec. 8.  No corporation created under the provisions of this Act shall, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation as money, and nothing in this Act shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this State or without the State or at all, except the Federal currency or the notes of banks authorized under the laws of the Congress of the United States, nor shall bank notes or paper of any kind, be permitted to circulate as money in this State, other than the notes of banks authorized by the laws of the Congress of the United States.

Sec. 9.  Additional Powers.

      Sec. 9.  In addition to the powers enumerated in this Act, every corporation, its officers, Directors and stockholders, shall possess and exercise all the powers and privileges contained in this Act, and the powers expressly given in its articles or certificate under which it was incorporated, so far as the same are necessary or convenient to the attainment of the objects set forth in such certificate or articles of incorporation; but shall be governed by the provisions and be subject to the restrictions and liabilities in this Act contained, and no corporation shall possess or exercise any other corporate powers, except such incidental powers as shall be necessary to the exercise of the powers so given.

Sec. 10.  Preferred and Other Special Stocks.

      Sec. 10.  Every corporation organized under this Act shall have power to create two or more kinds of stock, of such classes,

have power to create two or more kinds of stock, of such classes, with such designations, preferences and voting powers or restrictions or qualifications thereof as shall be stated and expressed in the certificate or articles of incorporation or in any amendment or certificate of amendment thereof; and the power to increase or decrease the stock as in this Act elsewhere provided, shall apply to all or any of the classes of stock; but at no time shall the total amount of the preferred stocks issued and outstanding exceed two-thirds of the capital stock paid for in cash or property, and such preferred stocks may, if desired, be made subject to redemption at any time after three years from the issue thereof, at a price not less than par, and the holders thereof shall be entitled to receive, and the corporation shall be bound to pay thereon (but only out of the profits or property of said corporation) dividends at such rates and on such conditions as shall be stated in the original or amended certificate of incorporation, not exceeding ten per centum per annum, payable quarterly, half yearly or paid on the common stock, and such dividends may be made cumulative; provided, the corporation yearly; and such dividends may be made payable before any dividends shall be set apart or shall set apart or pay the said dividends to the holders of non-cumulative preferred stock before any dividend shall be paid on the common stock; and in no event shall a holder of any class of stock be personally liable for the debts of the corporation nor for the payment of dividends; but in case of insolvency its debts and other liabilities shall be paid in preference to the preferred stock; the terms “general stock” and “common stock” are synonymous.

Sec. 11.  Rights May Be Given Creditors to Vote or Inspect Books, Etc.

      Sec. 11.  Every corporation, organized under and pursuant to the provisions of this Act, or subject to its provisions, may make suitable provisions in its articles or certificate of incorporation, original or amended, and thereby to the extent, in the manner and subject to the conditions provided in the certificate or articles of incorporation confer upon the holders of any bond or debentures issued or to be issued by any such corporation, whether secured by mortgage or otherwise, the power to vote in respect to the corporate affairs and management of the company to the same extent and in the same manner as stockholders of the said corporation, as may be provided in the certificate of incorporation and, in case of a default in the payment of the principal or interest on said bonds or otherwise, or in any other case, confer upon such bondholders the same right of inspection of the corporate books and accounts and records of any such company, and also any other rights, which the stockholders of the said company have or may have by reason of the provisions of the Statutes or laws of this State or pursuant to the provisions of the certificate or articles of incorporation or the by-laws of the company.

Preferred and other special stocks.

Rights may be given creditors to vote or inspect books, etc.

First meeting.

First meeting for election of Directors, etc.

Meeting of stockholders and principal office.

ant to the provisions of the certificate or articles of incorporation or the by-laws of the company.

Sec. 12.  First Meeting.

      Sec. 12.  The first meeting of every corporation shall be called by a notice signed by a majority of the incorporators named in the certificate of incorporation, designating the time, place and purpose of the meeting; which may be within or without the State, and such notice shall, at least two weeks before the time of any such meeting, be published three times in some newspaper of the county where the corporation has its principal place of business; or said first meeting may be called without such or any publication of notice if two days’ notice be personally served on all the parties named in the certificate of incorporation, and all stockholders, or if all the parties named in the certificate of incorporation and all who have become members or subscribed for stock therein, since its date, if any, waive notice in writing and fix a time and place of meeting which may be done in said certificate or articles of incorporation, or by a separate writing filed with the Secretary or Clerk of the corporation.

Sec. 13.  First Meeting for Election of Directors, Etc.

      Sec. 13.  At such first meeting Directors or Trustees shall be elected and any business specified in the notice thereof or in the written waiver of notice thereof may be transacted. Stockholders or members shall be entitled to vote at said meeting, and thereafter the said Directors or Trustees shall be elected at the time and place within or without this State named in the by-laws, and which shall not be changed within sixty days next before the day on which the election is to be held. A notice of any change shall be given to each stockholder thirty days before the election is held, in person or by letter mailed to his last known postoffice address. Until the Directors or Trustees are elected the incorporators shall have charge of the formation of the corporation and may take all steps necessary to obtain subscriptions and perfect the organization.

Sec. 14.  Meeting of Stockholders, and Principal Office.

      Sec. 14.  That in all cases after the first meeting of the incorporators, where it is not otherwise provided by the by-laws, the meetings of the stockholders or members of every corporation shall be held at its principal office in this State. The stockholders and Directors may, also, hold their meetings, and have an office or offices outside of this State, if the by-laws so provide; but every corporation shall maintain a principal office or place of business in this State and shall have an agent, resident of this State, in charge thereof, who shall at all times have the original or duplicate stock ledger and a copy of its articles of incorporation and of all amendments thereto, and a copy of all by-laws adopted and in force in his office, for the use of parties interested or entitled to examine same.

and in force in his office, for the use of parties interested or entitled to examine same.

Sec. 15.  Banks and Corporations May Act as Resident Agents.

      Sec. 15.  The resident agent provided for by Section 14 of this Act, may be any bank or banking corporation located and doing business in this State, or any corporation incorporated hereafter under the laws of this State, with authority to act as such agent, and any such bank and any such corporation shall have authority:

      1-To act as the fiscal or transfer agent of any State, municipality, body politic or corporation, and in such capacity to receive and disburse money.

      2-To transfer, register and countersign certificates of stock, bonds or other evidences of indebtedness, and to act as agent of any corporation, foreign or domestic, for any purpose now or hereafter required by statute or otherwise.

      3-To act as trustee under any mortgage or bond issued by any municipality, body politic or corporation, and to accept and execute any other municipal or corporate trust not inconsistent with the laws of this State.

      4-To receive and manage any sinking fund of any corporation upon such terms as may be agreed upon between said corporation and those dealing with it.

Sec. 16.  Maintaining Principal Office and Appointing Agents.

      Sec. 16.  Every corporation organized under this Act shall have and maintain in a conspicuous place, on its principal office, required by Section 14, and on its place or places of business, in letters sufficiently large to be easily read, painted or printed, the corporate name of such corporation. And every such corporation which shall fail or refuse for ten days to comply with the provisions of this section, or to maintain such office or to have a competent resident agent in charge thereof, shall be subject to a fine of not less than ten dollars, and not more than twenty-five dollars, to be recovered with costs by the State, before any court of competent jurisdiction, by action at law to be prosecuted by the Attorney-General.

Sec. 17.  Voting Power of Stockholders.

      Sec. 17.  Unless otherwise provided in the charter, the articles or certificate or by-laws of the corporation, each stockholder whether resident or non-resident, shall at every election be entitled to one vote in person or by proxy for each share of the capital stock held by him; and each member of a corporation without capital stock to one vote, but no share of the stock shall be voted on at any election which has been transferred on the books of the corporation within twenty days next preceding such election. No fractions less than one share shall be recognized in voting nor shall certificates be issued therefor. All proxies and powers of attorney to vote must be in writing and filed with the Secretary.

Banks and corporations may act as resident agents.

Maintaining principal office and appointing agent.

Voting power of stockholders.

Election to be by ballot.

Qualification of Directors.

Cumulative voting.

By-laws, how made.

Sec. 18.  Election To Be by Ballot.

      Sec. 18.  All elections of Directors or Trustees shall be by ballot unless otherwise provided in the charter or articles or certificate of incorporation, or in the by-laws.

Sec. 19.  Qualification of Directors.

      Sec. 19.  The Directors who may be called either Directors or Trustees, as determined by the articles or certificate of incorporation, shall, before entering upon the duties of their office respectively take and subscribe to an oath, as prescribed by the laws of this State, to perform their duties faithfully and observe and maintain the respect due said laws.

Sec. 20.  Cumulative Voting.

      Sec. 20.  In all corporations heretofore formed and now existing and in all corporations formed under this Act-unless otherwise provided in the certificate or articles of incorporation, original or amended-every stockholder shall have the right to vote, in person or by proxy, the number of shares owned by him for as many persons as there are Trustees to be elected, or to cumulate said shares and give one candidate as many votes as the number of Trustees or Directors multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit, and such Trustees or Directors shall not be elected in any other manner; unless such method be set forth in said certificate or articles of incorporation or an amendment thereto. The person or persons receiving the greatest number of votes shall be Director or Directors, Trustee or Trustees. But a different plan or method of voting, limiting and regulating the mode of voting, may be prescribed in said certificate or articles of incorporation, original or amended, and when so prescribed shall be observed and shall govern.

Sec. 21.  By-Laws-How Made.

      Sec. 21.  The power to make and alter by-laws shall be in the stockholders or members, but any corporation may, in its articles or certificate of incorporation, original or amended, or by resolution adopted by a two-thirds vote, or by written consent of two-thirds of the stock, or the holders thereof, or two-thirds of the members, confer that power upon the Directors or Trustees. By-laws made by the Directors under power so conferred, may be altered or repealed by the Directors or Trustees, or by the stockholders or members. The written consent of the owners of two-thirds of the stock or of two-thirds of the members shall suffice to adopt, amend or repeal any by-law or by-laws. All by-laws in force must be copied legibly in a book called Book of By-laws, kept at all times for inspection in the principal office. Until so copied, they shall not be effective nor in force.

Sec. 22.  Officers.

      Sec. 22.  Every corporation organized under this Act shall have a President, Secretary and Treasurer, who shall be chosen either by the Directors or Trustees or stockholders, as the by-laws may direct, and shall hold their respective offices until others are chosen and qualified in their stead; the President shall be chosen from among the Directors; the Secretary shall be sworn to the faithful discharge of his duty; and shall record all the acts and votes of the corporation and its members or stockholders, Trustees or Directors in a book to be kept for that purpose, and perform such other duties as shall be assigned to him; the Treasurer shall give bond in such sum, and with such surety or sureties, as shall be required by the by-laws, for the faithful discharge of his duty. The corporation may have such other officers, agents and factors, who shall be chosen in such manner and hold their office for such terms as may be prescribed by the by-laws.

Sec. 23.  Meetings of Directors, Executive Committee, Quorum, Etc.

      Sec. 23.  The Board of Directors or Trustees may, by resolution passed by a majority of the whole board, designate two or more of their number to constitute an executive committee, who, to the extent provided in the by-laws of said company, and until a change occurs in said Board shall have and exercise the powers of the Board of Directors or Trustees in the management of the business and affairs of the company and may have the power to authorize the seal of the company to be affixed to all papers which may require it, except as modified by the above provisions A majority of the whole number of Trustees or Directors shall form a Board for the transaction of business, and every decision of a majority of the persons duly assembled as a board shall be valid as a corporate act, subject to the provisions of the by-laws and of the laws of this State. The Board of Directors shall hold meetings at such times and places inside or outside of the State and upon such notice as it may prescribe or determine; and the by-laws may provide that any action of a majority, although not as a regularly called meeting, and the record thereof, if assented to in writing by all the other members of the Board, shall always be as valid and effective in all respects as if passed by the Board in regular meeting.

Sec. 24.  Vacancies by Failure to Elect Trustees or to Qualify.

      Sec. 24.  If it shall happen, at any time, that an election of Trustees or Directors shall not be held on the day designated by the by-laws of the company, or otherwise fixed, the corporation shall not for that reason be dissolved, but it shall be lawful, on any other day, to hold an election for Trustees or Directors in such manner as shall be provided for by law, or statute or in the by-laws of the company, and all acts of the Trustees or Directors shall be valid and binding on the company until their successors shall be elected.

Officers.

Meetings of Directors, executive committee, quorum, etc.

Vacancies by failure to elect Trustees or to qualify.

Vacancies, how filled.

Vacancies in Board of Directors.

Revisory power of Court.

or statute or in the by-laws of the company, and all acts of the Trustees or Directors shall be valid and binding on the company until their successors shall be elected. When a majority of any newly elected Board of Trustees or Directors shall fail to qualify and file in the office of the company their oath of office, within thirty days from the day of their election, it shall be the duty of any officer of the company upon the request of owners in said company representing not less than one-third of the capital stock of the corporation owned in the company, to call a meeting of the stockholders of said company, which meeting when assembled shall have power to elect Trustees or Directors to supply the place of those who have failed to qualify; but such Trustees or Directors may qualify and enter upon the duties of their office at any time after the said thirty days, if such meeting for a new election shall not have been called. Whenever a majority of the Trustees or Directors elected have qualified by taking the oath of office, and one or more of the remaining Trustees or Directors elected shall fail to qualify within thirty days after their election, then the Board of Trustees shall fill the vacancy caused by failure to qualify by appointment.

Sec. 25.  Vacancies in Board of Directors.

      Sec. 25.  Any vacancy occurring among the Directors or in the office of President, Secretary or Treasurer by death, resignation, removal or otherwise, except a vacancy caused by the removal of a Director pursuant to this Act, shall be filled in the manner provided for in the by-laws; in the absence of such provision such vacancies shall be filled by the Board of Directors; but Directors or Trustees so appointed shall hold only until their places are filled by an election by stockholders or members.

Sec. 26.  Revisory Power of Court.

      Sec. 26.  The District Court of the district wherein said corporation has its principal office upon application of any party who may be aggrieved by or complain of any election or any proceeding, act or matter in or touching the same, ten days’ notice having been given to the adverse party or to those who are affected thereby of such intended application, shall proceed forthwith at chambers in any county in the district where the corporation has its principal place of business to hear proofs, affidavits and allegations of the parties, or otherwise inquire into the said matter or cause of complaint and either thereupon establish the election so complained of or order a new election or make such order and give such relief in the premises as right and justice may require, and the Judge of said Court may also, if any election for Directors or Trustees is not held on the day designated by law or in the by-laws, order an election to be held on petition of any stockholder, and may punish the officers and Directors of said corporation for failure or refusal to obey said order as for a contempt of Court.

Directors of said corporation for failure or refusal to obey said order as for a contempt of Court.

Sec. 27.  Stock Personal Estate-Transfer of.

      Sec. 27.  Whenever the capital stock of any corporation is divided into shares, and certificates thereof are issued, the stock of the company shall be deemed personal estate. Such shares may be transferred by endorsement and delivery of the certificate thereof, such endorsement being by the signature of the proprietor, or his or her attorney, appointed by written power, or legal representative duly authorized; but such transfer shall not be valid except between the parties thereto, until the same shall have been so entered upon the books of the corporation as to show the names of the parties by and to whom transferred, the number or designation of the shares, and the date of the transfer, and the old certificate surrendered and canceled, which must be done in all cases, except in case of loss or destruction of original, before a new one issue. In all cases in which shares of stock in corporations now existing, or hereafter incorporated under any law of this State, are held or owned by a married woman, such shares may be transferred by her, her agent or attorney, authorized by writing, without the signature of her husband, in the same manner, as if such married woman were a femme sole. All dividends payable upon any shares of stock of a corporation held by a married woman, may be paid to such married woman, her agent, or attorney, in the same manner as if she were unmarried. And it shall not be necessary for her husband to join in receipt therefor; and any proxy or power given by a married woman, touching any share of stock of any corporation owned by her, shall be valid and be binding, without the signature of her husband, the same as if she were unmarried.

Sec. 28.  Payment of Subscribed Capital Stock.

      Sec. 28.  The stockholders of any corporation formed under this Act, may in the by-laws of the company prescribe the times, manners and amounts in which the payment of the sums subscribed by them respectively shall be made; but in case the same shall not be so prescribed, the Trustees or Directors shall have power to demand and call in from the stockholders the sums by them subscribed, at such times and in such manner, payments, or installments, as they may deem proper. The Trustees shall also have power at such times and in such amount, as they may from time to time deem the interest of the corporation to require, to levy and collect assessments upon the capital stock of the corporation, as herein provided, but not upon stock issued as paid up unless so specified and provided in the original certificate or articles of incorporation, which shall not be amended in this respect. Notice of each assessment or call shall be given to the stockholders personally, or by publication once a week for at least four weeks, in some newspaper published in the county in which the principal office or place of business of the company is located, and in a newspaper published in the county wherein the property of the company or corporation is situated if in this State, and if no paper be published in either of such counties, then the newspaper published nearest to the said principal place of business in the State.

Stock personal estate, transfer of.

Payment of subscribed capital stock.

Sale for non-payment of calls, etc.

When company may buy its stock.

shall be given to the stockholders personally, or by publication once a week for at least four weeks, in some newspaper published in the county in which the principal office or place of business of the company is located, and in a newspaper published in the county wherein the property of the company or corporation is situated if in this State, and if no paper be published in either of such counties, then the newspaper published nearest to the said principal place of business in the State.

Sec. 29.  Sale for Non-Payment of Calls, Etc.

      Sec. 29.  If after such notice has been given, any stockholder shall make default in the payment of the call or assessment upon the shares held by him, so many of such shares may be sold as will be necessary for the payment of the call or amount of subscribed capital called in or the assessment upon all the shares held by him, her or them, together with all costs of advertising and expenses of sale. The sale of said shares shall be made at the office of the company at public auction to the highest bidder, after a notice thereof published for four weeks, as above in this section directed, and a copy of such notice mailed to each delinquent stockholder if his address is known four weeks before such sale, and at such sale the person who shall pay the call or assessment so due, together with the expenses of advertising and sale, for the smallest number of shares, or portion of a share, as the case may be, shall be deemed the highest bidder.

Sec. 30.  When Company May Buy its Stock.

      Sec. 30.  Every corporation in this State shall also have the power, whenever at any assessment sale of the stock of said corporation or sale for unpaid subscription or call no person will take the stock and pay the assessment, or amount unpaid and due thereon and costs, to purchase such stock and hold the same for the benefit of the corporation. All purchases of its own stock by any corporation in this State which have been previously made at assessment sales whereat outside parties have failed to bid, and which purchases were for the amount of assessments due, and costs or otherwise, shall be held valid, and as vesting the legal title to the same in said corporation. The stock so purchased shall be held subject to the control of the remaining stockholders, who may make such disposition of the same as they may deem fit. Whenever any portion of the capital stock of any corporation is held by the said incorporation by purchase or otherwise, a majority of the remaining shares of stock in said corporation shall be held to be a majority of the shares of the stock in said incorporated company, for all purposes of election or voting on any question before a stockholders’ meeting.

Sec. 31.  Stockholders Liable Until Subscriptions Are Fully Paid.

      Sec. 31.  Where the whole capital of a corporation shall not have been paid in, and the capital paid shall be insufficient to satisfy its debts and obligations, each stockholder shall be bound to pay on each share held by him the sum necessary to complete the amount of such share, as fixed by the charter of the corporation, or its articles of incorporation, or such proportion of that sum as shall be required to satisfy such debts and obligations, but no more. No suit shall be brought against any Director or stockholder for any debt of a corporation organized as aforesaid, of which he is such Director or stockholder, until judgment be obtained therefor against such corporation and execution thereon returned unsatisfied.

Sec. 32.  Trustees Not Personally Liable.

      Sec. 32.  No person holding stock in any corporation incorporated in this State as executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally liable or subject to any liability as a stockholder in or of such corporation (provided the transfer and the books of the company show the nature of the transfer and that the said stock is held in such fiduciary capacity or as a pledge and as security merely), but the person pledging such stock shall be considered as holding and owning the same, and the estate and funds in the hands of such executor, administrator, guardian or trustee shall be liable in like manner and to the same extent as the testator or intestate or the ward or the person interested in such fund would have been had he been living and competent to act and hold the stock in his own name.

Sec. 33.  Liabilities Created by Statutes of Other States Not To Be Enforced in This State.

      Sec. 33.  No action or proceeding shall be maintained by any creditor of any corporation, nor by said corporation, nor by any other party or person in any Court of this State against any stockholder, officer or Director of any domestic corporation for the purpose of enforcing any statutory personal liability of such stockholder, officer or Director for or upon any debt, default or obligation of such corporation, whether such statutory personal liability be deemed penal or contractual, if such statutory personal liability be created by or arise from the Statutes or laws of the United States or of any other State, Territory, colony or foreign country.

Sec. 34.  Filing Certificate Upon Payment of Capital.

      Sec. 34.  The President and Secretary, or Treasurer, upon payment of each installment of capital stock, and of every increase thereof, shall make a certificate, stating the amount of the capital so paid, and whether paid in cash or by the purchase of property, and the nature, amount and character of and value of any services or property accepted in payment of stock, stating also the total amount of capital stock, if any, previously paid and reported; which certificate shall be signed and sworn to by the President and by the Secretary or Treasurer, and they shall, within ten days after such payment, or acceptance, cause the certificate to be filed in the office of the Secretary of State.

Stockholders liable until subscriptions are fully paid.

Trustees not personally liable.

Liabilities created by statutes of other States not to be enforced in this State.

Filing certificate upon payment of capital.

Penalty for neglect to file same after written demand.

Conversion of preferred stock into bonds; issue of bonds convertible into common stock.

purchase of property, and the nature, amount and character of and value of any services or property accepted in payment of stock, stating also the total amount of capital stock, if any, previously paid and reported; which certificate shall be signed and sworn to by the President and by the Secretary or Treasurer, and they shall, within ten days after such payment, or acceptance, cause the certificate to be filed in the office of the Secretary of State.

Sec. 35.  Penalty for Neglect to File Same After Written Demand.

      Sec. 35.  If any of said officers shall neglect or refuse to perform the duties required of them in the preceding section for thirty days after written request so to do by a creditor or stockholder of the corporation, they shall be jointly and severally liable for all its debts contracted before the filing of such certificate.

Sec. 36.  Conversion of Preferred Stock Into Bonds; Issue of Bonds Convertible Into Common Stock.

      Sec. 36.  With the consent of two-thirds in interest of each class of the stockholders present in person or by proxy at a meeting called in the manner provided in Section 40 of this Act, every corporation organized under this Act, that shall have issued preferred stock, entitling the holders thereof to receive dividends at a rate exceeding seven per centum per annum, and that shall have continuously declared and paid dividends at such rate, on such preferred stock for the period of at least one year next preceding the meeting, and whose floating or unfunded debt at the time of the stockholders’ meeting shall, in the certificate thereof filed with the Secretary of State, be certified not to exceed ten per centum of the par amount of the preferred stock then outstanding, and whose assets at such time, after deducting the amount of its indebtedness, shall be certified, in the judgment of the officers making such certificate, to be at least equal to the amount of preferred stock issued and outstanding, may, with the consent of the holders of any such preferred stock, redeem and retire the preferred stock of such holder, out of bonds or out of the proceeds of bonds of the corporation, bearing interest at a rate not exceeding seven per centum per annum, the principal of such bonds being made payable at a date not less than ten years from the date thereof; every corporation organized under this Act may, from time to time, in the manner above provided, issue bonds, which, if therein so declared, shall be convertible at par at the option of the holder, into fully paid common stock of the corporation at par, within any period therein prescribed not less than two years from the issue thereof; and in such case the Board of Directors may authorize the issue of the common stock into which such bonds, by their terms, shall be convertible.

Sec. 37.  Incorporators May Amend Certificate of Incorporation Before Payment of Capital.

      Sec. 37.  It shall be lawful for the incorporators of any corporation, before the payment of any part of its capital, to record with the Clerk of the county in which its original certificate of incorporation was recorded, and file with the Secretary of State, an amended certificate duly signed by the incorporators named in the original certificate of incorporation, and duly acknowledged or proved as required for certificates of incorporation under this Act, modifying, changing or altering its original certificate of incorporation, in whole or in part, which amended certificate shall take the place of the original certificate of incorporation, and shall be deemed to have been filed and recorded on the date of the filing and recording of the original certificate; provided, however, that nothing herein shall permit the insertion of any matter not in conformity with this Act; and, provided, however, that this Act shall not in any manner affect any proceedings pending in any court, and for filing said amended certificate of incorporation, the Secretary of State shall charge such fee as may be allowed by law.

Sec. 38.  Surviving Incorporators May Designate Others for Organization.

      Sec. 38.  When one or more of the Commissioners or incorporators of any corporation, created by or under this or any general or special Act, shall have died before the corporation shall have been organized, pursuant to law, the survivors or survivor may in writing designate other persons who may take the place and act instead of those deceased, in the organization; and the organization so effected by their aid shall be as effectual in law as if it had been effected by all the original Commissioners or incorporators.

Sec. 39.  Errors and Omissions in Certificate of Incorporation Cured by Amendment.

      Sec. 39.  Whenever in the certificate or articles of incorporation or organization of any corporation organized under any general Act of the Legislature of this State, there shall be any error or omission in the recital of the Act under which said corporation is created, or mistake in or the omission of any other matter which is required or proper to be stated in said certificate, it shall and may be lawful for said corporation to correct such error in the manner following: The Board of Directors of such corporation shall pass a resolution declaring that such error exists and that said corporation desires to correct the same. A certificate of such action shall be made and signed by the President and Secretary under the corporate seal; which said certificate shall be acknowledged or proved as in the case of deeds of real estate, and such certificate, together with the written assent, in person or by proxy, of two-thirds in interest of all the stockholders of said corporation, shall be filed in the office of Secretary of State, and upon the filing thereof, the articles or certificate of incorporation or of organization shall be deemed to be corrected and amended accordingly, and the filing of said certificate in conformity with this Act shall have the same force and effect as if said certificate or articles of incorporation or organization had been originally drafted in conformity with the amendment so made.

Incorporators may amend certificate of incorporation before payment of capital.

Surviving incorporators may designate others for organization.

Errors and omissions in certificate of incorporation cured by amendment.

Amendment and changes after organization.

such certificate, together with the written assent, in person or by proxy, of two-thirds in interest of all the stockholders of said corporation, shall be filed in the office of Secretary of State, and upon the filing thereof, the articles or certificate of incorporation or of organization shall be deemed to be corrected and amended accordingly, and the filing of said certificate in conformity with this Act shall have the same force and effect as if said certificate or articles of incorporation or organization had been originally drafted in conformity with the amendment so made.

Sec. 40.  Amendment and Changes After Organization.

      Sec. 40.  Every corporation organized under this Act may change the nature of its business, change its name, increase its capital stock, change the par value of the shares of its capital stock, decrease its capital stock, change the location of its principal office in this State, extent its corporate existence, change the number of its Directors or Trustees, create one or more classes of preferred stock, and make such other amendment, change or alteration as may be desired, in manner following: The Board of Directors shall pass a resolution declaring that such change or alteration is advisable and calling a meeting of the stockholders to take action thereon; the meeting shall be held upon such notice as the by-laws provide, and in the absence of such provision, upon ten days’ notice, given personally or by mail; if two-thirds in interest of each class of the stockholders having voting powers and of other persons having like powers shall vote in favor of such amendment, change or alteration, a certificate thereof shall be signed by the President and Secretary under the corporate seal, acknowledged or proved as in the case of deeds of real estate, and such certificate, together with the written assent, in person or by proxy, of two-thirds in interest of each class of such stockholders and creditors, if any, having voting powers, shall be filed in the office of the Secretary of State, and upon the filing of the same and filing a certified copy of said certificate of amendment with the County Clerk of the county where the corporation has its principal office, the certificate or articles of incorporation shall be deemed to be amended accordingly; provided, that such certificate of amendment, change or alteration shall contain only such provision as it would be lawful and proper to insert in an original certificate of incorporation made at the time of making such amendment, and the certificate of the Secretary of State that such certificate and assent have been filed in his office shall be taken and accepted as evidence of such change or alteration in all Courts and places; provided, also, that no amendment making or attempting to make paid up stock issued as paid up or the holders thereof liable to assessment or for debts of the company shall be made.

Sec. 41.  Amendments by Corporations Formed Under Other Acts.

      Sec. 41.  Any corporation of this State, whether organized under this Act or by a special Act of incorporation or under general laws, excepting railroad corporations, and other corporations possessing the right of taking and condemning lands, may increase or decrease its capital stock, change its name, the par value of the shares of its capital stock, or the location of its principal office in or out of this State, and fix any method of altering its by-laws permitted by this Act in the manner prescribed in the foregoing section, and any corporation may in the same manner relinquish one or more branches of its business, or extend its business to such branches as might have been inserted in its original certificate of incorporation.

Sec. 42.  Method of Decrease of Capital Stock.

      Sec. 42.  The decrease of capital may be effected by retiring or reducing any class of the stock, or by drawing the necessary number of shares by lot for retirement, or by the surrender by every shareholder of his shares, and the issue to him in lieu thereof of a decreased number of shares, or by the purchase at not above par of certain shares for retirement, or by retiring shares owned by the corporation or by reducing the par value of shares; and when any corporation shall decrease the amount of its capital stock hereinbefore provided, by amendment pursuant to this and the two preceding sections, the certificate decreasing the same shall be published for three weeks successively, at least once in each week, in a newspaper published in the county in which the principal office of the corporation is located; the first publication to be made within fifteen days after the filing of such certificate, and in default thereof the Directors of the corporation [shall be jointly and severally liable for all debts of the corporation contracted before the filing of the said certificate, and the stockholders shall also be liable for such sums as they may respectively receive of the amount so reduced; provided, no such decrease of capital stock shall release the liability of any stockholder, whose shares have not been fully paid, for debts of the corporation theretofore contracted.]

Sec. 43.  Merger.

      Sec. 43.  Any two or more corporations organized under the provisions of this Act, or existing under the laws of this State, for the purpose of carrying on any kind of business, may consolidate into a single corporation which may be either one of said consolidating corporations, or a new corporation to be formed by means of such consolidation; the Directors or Trustees, or a majority of them, of such corporation, as desire to consolidate, may enter into an agreement signed by them and under the corporate seals of the respective corporations, prescribing the terms and conditions of consolidation, the mode of carrying the same into effect, and stating such other facts as are necessary to be set out in articles of incorporation, as provided in this Act, as well as the manner of converting the shares of such of the old corporations into the new, with such other details and provisions as are deemed necessary.

Amendments by corporations formed under other acts.

Method of decrease of capital stock.

Merger.

Merger.

rations, prescribing the terms and conditions of consolidation, the mode of carrying the same into effect, and stating such other facts as are necessary to be set out in articles of incorporation, as provided in this Act, as well as the manner of converting the shares of such of the old corporations into the new, with such other details and provisions as are deemed necessary. Said agreement shall be submitted to the stockholders of each corporation, at a meeting thereof, called separately for the purpose of taking the same into consideration, of the time, place and object of which meeting due notice shall be given by publication at least once a week for four successive weeks in one or more newspapers published in the county wherein each corporation either has its principal office or conducts its business in this State, and a copy of such notice shall be mailed to the last known postoffice address of each stockholder of each corporation, at least twenty days prior to the date of such meeting, and at said meeting said agreement shall be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote; and if the votes of stockholders and others entitled to vote as stockholders of each corporation representing two-thirds in amount of its capital stock and two-thirds of the secured claims held by creditors entitled to vote as stockholders, shall be for the adoption of said agreement, then that fact shall be certified on said agreement by the Secretary of each corporation, under the seal thereof, and the agreement so adopted and certified shall be signed by the President and Secretary of each of said corporations under the corporate seals thereof and acknowledged by the President of each of such corporations before any officer authorized by the laws of this State to take acknowledgments of deeds to be the respective act, deed and agreement of each of said corporations, and the agreement so certified and acknowledged shall be filed in the office of the Secretary of State, and shall thence be taken and deemed to be the agreement and act of consolidation of said corporations, and a copy of said agreement and act of consolidation, duly certified by the Secretary of State under the seal of his office, shall also be filed and recorded in the offices of the County Clerks of the counties of this State in which the respective corporations so consolidated shall have their original charters or articles or certificates of incorporation recorded, or if any of the corporations shall have been specially created by a public Act of the Legislature, or shall have changed its place of business since its incorporation, then said agreement shall be filed and recorded in the county where such corporation shall have had its principal place of business, and such copy certified by the Secretary of State as such record, or a certified copy thereof, shall be prima facie evidence of the existence of the corporation created by the said agreement, and of the observance and performance of all antecedent acts and conditions necessary to the creation thereof.

antecedent acts and conditions necessary to the creation thereof.

Sec. 44.  Agreement of Mergers.

      Sec. 44.  When the agreement is signed, acknowledged, filed and recorded, as in the preceding section is required, the separate existence of the constituent corporations shall cease, and the consolidated corporations shall become a single corporation in accordance with the said agreement, possessing all the rights, privileges, powers and franchises, as well of a public as of a private nature, and being subject to all the restrictions, disabilities and duties of each of said corporations so consolidated, and all and singular, the rights, privileges, powers, and franchises of each of said corporations, and all property, real, personal and mixed, and all debts due on whatever account, as well for stock subscriptions as all other things in action or belonging to each of such corporations, shall be vested in the consolidated corporation; and all property rights, privileges, powers and franchises, and all and every other interest shall be thereafter as effectually the property of the consolidated corporation as they were of the several and respective former corporations, and the title to any real estate, wherever situate, whether by deed or otherwise, under the laws of this State, vested in either of such corporations, shall not revert or be in any way impaired by reason of this Act; provided, that all rights of creditors, and all liens upon the property of either of said former corporations shall be preserved unimpaired, and all debts, liabilities and duties of the respective former corporations shall thenceforth attach to said consolidated corporation, and may be enforced against it to the same extent as if said debts, liabilities and duties had been incurred or contracted by it.

Sec. 45.  Payment for Stock of Dissatisfied Stockholders.

      Sec. 45.  If any stockholder in either corporation consolidating as aforesaid, who objected thereto in writing, shall within twenty days after the agreement of consolidation has been filed and recorded, as aforesaid, demand in writing from the consolidated corporation payment of his stock, such consolidated corporation shall, within three months thereafter, pay to him the value of the stock at the date of consolidation; in case of disagreement as to the value thereof, it shall be ascertained by three disinterested persons, one of whom shall be chosen by the stockholder, one by the Directors of the consolidated corporation, and the other by the two selected as aforesaid; and in case the said award is not paid within sixty days from the making thereof, and notice thereof given to said stockholder and said consolidated corporation, the amount of the award shall be evidence of the amount due by said corporation, and may be collected as other debts are by law collectible; on receiving payment of the award, said stockholder shall transfer his stock to the said consolidated corporation, to be disposed of by the Directors thereof, or to be retained for the benefit of the remaining stockholders.

Agreement of mergers.

Payment for stock of dissatisfied stockholders.

Liability not affected by merger or decrease of capital.

Bonds, etc., power of consolidated company.

Sale of franchise.

corporation, to be disposed of by the Directors thereof, or to be retained for the benefit of the remaining stockholders. If for any reason said award be not made, or be grossly unfair, either party may have an action in the District Court to determine the value of the shares and effect the transfer thereof to the corporation on payment of such value.

      Sec. 46.  Any action or proceeding pending by or against either of the corporations consolidated may be prosecuted to judgment, as if such consolidation had not taken place, or the new corporation may be substituted in its place.

Sec. 47.  Liability Not Affected by Merger or Decrease of Capital.

      Sec. 47.  The liability of corporations created under this Act, or existing under the laws of this State, or the stockholders or officers thereof, or the right or remedies of the creditors thereof, or of persons doing or transacting business with such corporation, shall not in any way be lessened or impaired by the sale thereof, or by the increase or decrease in the capital stock of any such corporation, or by the consolidation of two or more corporations, or by any change or amendment in the articles of incorporation.

Sec. 48.  Bonds, Etc.-Power of Consolidated Company.

      Sec. 48.  When two or more corporations are consolidated, the consolidated corporation shall have power and authority to issue bonds or other obligations, negotiable or otherwise, and with or without coupons or interest certificates thereto attached, to an amount sufficient with its capital stock to provide for all the payments it will be required to make, or obligations it will be required to assume, in order to effect such consolidation; to secure the payment of which bonds and obligations it shall be lawful to mortgage its corporate franchise, rights, privileges and property, real, personal and mixed; and may issue capital stock to such an amount as may be necessary, to the stockholders of such consolidated corporation in exchange or payment for the original shares, in the manner and on the terms specified in the agreement of consolidation.

Sec. 49.  Sale of Franchise.

      Sec. 49.  If the franchise and property of any corporation formed under the provisions of this Act, or existing under the law of this State is sold, the persons who may become the purchasers, at private sale or under the judgment of the Court, may organize a corporation for the continuation, operation and management of the same; and such corporation, when organized, shall have the same rights, privileges and franchises as have been granted to, or acquired by, the corporation purchased; and shall be subject to all the limitations, restrictions and liabilities imposed upon it; and, in addition thereto, shall be subject to all the provisions of this Act.

Act. Such corporation shall be formed by a certificate or articles of incorporation executed by the purchaser and his associates, and which shall, in addition to the requirements of the provisions of this Act, set forth the description of the property sold and the decree under which the sale was made, if it was sold under judgment, or if not, the deed conveying the property; the amount paid or to be paid, and to whom and by whom, and such other statements as may be deemed necessary. The articles shall be signed by the purchaser and his associates, if any, and shall be filed in the office of the Secretary of State, who shall furnish a certified copy of the same under his hand and seal of office, which shall be recorded as hereinbefore provided for certificates of incorporation; and when a certificate of such fact is delivered to the purchaser the corporation shall be deemed to be organized, and shall have the rights, powers and privileges, and be subject to all restrictions, limitations and liabilities of other similar corporations organized under this Act.

Sec. 50.  Manner of Sale.

      Sec. 50.  Sales of property and franchises of such corporations that may be sold under a decree of Court shall be made after such notice of the time and place as the Court may deem proper; and if such sales are made in the foreclosure of one or more mortgages, the Court may order such sale to be made for the whole amount of the outstanding bonds and interest secured by such mortgage or mortgages, or if the property and franchise will produce so much, then for the amount of interest due under said mortgage or mortgages, subject to the payment by the purchaser of the outstanding bonds and interest secured thereby as they became due; and in the latter event may, by proper orders, secure the assumption thereof by the purchaser; but when a sale shall be ordered to be made, subject as aforesaid, the Court shall direct the officer making such sale, in the event that the property and franchises offered do not sell for enough to pay the amount aforesaid, to sell the same free from encumbrances. Sales under this section shall be made on such credits as the Court may deem proper.

Sec. 51.  Forfeiture of Charter for Failure to Commence Business.

      Sec. 51.  Any corporation organized under this Act shall forfeit all rights, privileges and franchises obtained thereunder, if it shall fail, for two years after its incorporation, to organize and to commence in good faith the business, or to promote the objects or purposes for which it was organized.

Sec. 52.  Incorporation Cannot Be Attacked Collaterally.

      Sec. 52.  The due incorporation of any company claiming in good faith to be a corporation pursuant to the laws of this State, and doing business as such, or its rights to exercise corporate powers, shall not be inquired into collaterally in any private suit to which such de facto corporation may be a party.

Sale of franchise.

Manner of sale.

Forfeiture of charter for failure to commence business.

Incorporation cannot be attacked collaterally.

How sale of stock below par may be made.

May issue stock for labor or real or personal property.

Stock so issued is paid.

Certificate of stock.

corporate powers, shall not be inquired into collaterally in any private suit to which such de facto corporation may be a party. This section shall not be construed to prevent judicial inquiry into the regularity or invalidity of the incorporation or organization of the corporation, or its lawful possession of any corporate power it may undertake to assert in any other suit or proceeding where its corporate existence, or the power to exercise the corporate rights it asserts, is challenged by the State, or its officers authorized so to do, and evidence tending to sustain such challenge shall be admissible in any suit or proceeding.

Sec. 53.  How Sale of Stock Below Par May Be Made.

      Sec. 53.  In no case shall stock be sold or disposed of at less than par, by any corporation incorporated under this Act, except by a vote of three-fourths of all the stock of the corporation outstanding at the time the vote is taken, fixing the amount of stock that may be so sold and the price, and not then until notice of the intention to present a resolution or motion authorizing the sale of stock below par at a stockholders’ meeting, shall first be published for at least two successive weeks in some newspaper of general circulation, published in the county where the corporation has its principal office.

Sec. 54.  May Issue Stock for Labor or Real or Personal Property.

      Sec. 54.  Any corporation existing under any law of this State may issue stock for labor done or personal property or real estate or leases thereof; in the absence of fraud in the transaction, the judgment of the Directors as to the value of such labor, property, real estate or leases shall be conclusive.

Sec. 55.  Stock so Issued Is Paid.

      Sec. 55.  All stock so sold or so issued pursuant to Sections 53 or 54 of this Act shall be fully paid and not liable to any further call or assessment (and this shall be so stated on the face of the certificate). But it shall be the duty of the corporation to have its minutes or other permanent records to show, with reasonable detail, the items and character of property (and of the labor or services) for which any stock or bonds were so issued.

Sec. 56.  Certificate of Stock.

      Sec. 56.  Every stockholder shall have a certificate under the seal of the corporation, signed by the President or Vice-President and by the Treasurer or Secretary, certifying the total amount of capital stock authorized and total number of shares, the par value, and the number of shares owned by him in such corporation, whether they are fully paid up and non-assessable or not, and if not what amount or proportion has been paid thereon, and shall also give the location of the principal office, the name of the resident agent, and the total number of shares outstanding at the date of the certificate itself.

principal office, the name of the resident agent, and the total number of shares outstanding at the date of the certificate itself.

Sec. 57.  Exemption of Stock Held by Non-Residents.

      Sec. 57.  The shares of stock in every corporation shall be deemed personal property and transferable on the books of the corporation in such manner and under such regulations as Section 27 of this Act require[s] and the by-laws provide; provided, however, that no stock or bonds issued by any corporation organized under this Act shall be taxed by this State when the same shall be owned by non-residents of this State, or by foreign corporations.

Sec. 58.  Voting List of Stockholders and Stock Ledger.

      Sec. 58.  After the first election of Directors, where the by-laws or the certificate or articles of incorporation otherwise provide, no stock shall be voted on at any election of Directors or Trustees, or on any question submitted to stockholders at any meeting thereof, which shall have been transferred on the books of the company within twenty days next preceding such election, and it shall be the duty of the Directors or Trustees to cause the officer who shall have charge of the stock ledger to prepare and make, at least ten days before every election, a complete list of stockholders entitled to vote, arranged in alphabetical order. Such list shall be open, at the place where said election is to be held for said ten days, to the examination of any stockholder, or party entitled to vote at such election, or their agents or proxies, and shall be produced and kept at the time and place of election during the whole time thereof, and subject to the inspection of any stockholder or party entitled to inspect the same who may be present. Upon the neglect or refusal of the said officers or of the Directors or Trustees to produce such list at any election, they shall be ineligible to any office at such election. The original or duplicate stock ledger provided for in Section 71 of this Act and containing the names and addresses of the stockholders, and the number of shares held by them, respectively, shall, at all times, during the usual hours of business, be open to the examination of every stockholder at its principal office or place of business in this State, and said original or duplicate stock ledger shall be in evidence in all Courts of this State. Such ledger shall be kept by all corporations, and either the original or duplicate shall always be kept open for inspection by stockholders or State officers, at the principal place of business of said corporation. If the duplicate is so kept, the original may be kept at any place the corporation may fix, within or without the State.

Sec. 59.  Stock Ledger to Determine Who May Vote-Proxies To Be Filed.

      Sec. 59.  In case the right to vote upon any share of stock shall be questioned, the inspectors of the election shall refer to the stock books of the corporation to ascertain who are the stockholders, and in case of a discrepancy between the books, the stock ledger, if properly kept, shall control and determine who are entitled to vote.

Exemption of stock held by non-residents.

Voting list of stockholders and stock ledger.

Stock ledger to determine who may vote, proxies to be filed.

Stock held by executors, etc., how voted.

Pledge of stock and voting power of pledgor.

Treasury stock not to be voted.

Lost certificates.

Proceedings in court to obtain new certificate.

shall be questioned, the inspectors of the election shall refer to the stock books of the corporation to ascertain who are the stockholders, and in case of a discrepancy between the books, the stock ledger, if properly kept, shall control and determine who are entitled to vote. Proxies and powers of attorney to vote must (unless the by-laws or certificate or articles of incorporation otherwise provide) be filed with the Secretary of the company twenty days before an election, or they cannot be used at such election.

Sec. 60.  Stock Held by Executors, Etc.-How Voted.

      Sec. 60.  Whenever any stock is held by any person as executor, administrator, guardian, or trustee, he shall represent such stock at all meetings of the company, though standing in the name of the beneficial owner on the books of the company, and may vote accordingly as a stockholder, or give proxies therefor.

Sec. 61.  Pledge of Stocks and Voting Power of Pledgor.

      Sec. 61.  Any stockholder may pledge his stock, by a delivery of the certificates, or other evidence of his interest, but may nevertheless represent the same at all meetings and vote as a stockholder. Persons holding stock pledged shall be entitled to vote the shares so held, if transferred to them and standing in their names, unless it appears on the books that the transfer is as security only and not absolute, or if in the transfer by the pledgor on the books of the corporation as security he shall have expressly given to the pledgee power to vote thereon; in all other cases only the pledgor or his proxy may represent said stock and vote thereon. Whenever any transfer of shares shall be made for collateral security, and not absolutely, it shall be so expressed in the entry of the transfer, on the books of the company.

Sec. 62.  Treasury Stock Not To Be Voted.

      Sec. 62.  Shares of stock of the corporation belonging to the corporation shall not be voted upon directly or indirectly.

Sec. 63.  Lost Certificates.

      Sec. 63.  Every corporation may issue a new certificate of stock in place of any certificate claimed to be lost or destroyed, but the Directors may require as a condition of such reissue that the owner or his successors in interest give a bond in a sum not exceeding double the value or the stock, but not less than $100, to indemnify the corporation against any claim that may be made on account of the issue of such new certificate.

Sec. 64.  Proceedings in Court to Obtain New Certificate.

      Sec. 64.  The District Court shall, for due cause shown upon complaint of the owner of a lost or destroyed certificate, order the delivery to him by said Directors of a new certificate in lieu thereof, and may require a proper bond in such amount as the Court may fix for the protection of the corporation and of any person who may be interested in the lost or destroyed certificates.

amount as the Court may fix for the protection of the corporation and of any person who may be interested in the lost or destroyed certificates.

Sec. 65.  Security on Transfer.

      Sec. 65.  No share of stock shall be transferred without the consent of the Directors until the same is fully paid up or security given to the satisfaction of the Board for the residue remaining unpaid. And where bond or security have been given to the corporation for any sum remaining unpaid upon stock, no transfer shall affect the validity of such bond as security.

Sec. 66.  Dividends.

      Sec. 66.  The Directors of every corporation created under this Act shall have power, after reserving over and above its capital stock paid in such sum, if any, as shall have been fixed by the stockholders, to declare a dividend among its stockholders of the whole of its accumulated profits, in excess of the amount so reserved, and pay the same to such stockholders on demand; provided, that the corporation may, in its certificate of incorporation, or in its by-laws, give the Directors power to fix the amount to be reserved.

Sec. 67.  Subdividing Capital Stock.

      Sec. 67.  All corporations organized and existing under the laws of this State, whether under this or prior Acts, desiring to divide the capital stock of the corporation into shares of smaller denominations than originally issued, thereby increasing the number of shares without changing the amount of capital stock, may do so by a majority vote of the Trustees of the corporation at any regular or called meeting of the Trustees, without amending their articles or certificate of incorporation, and may issue the stock of such corporation in accordance therewith after having filed a certificate setting forth the amount or denomination into which they propose to divide such shares, verified by the affidavit of a majority of such Trustees, in the office of the Clerk of the county where such corporation has its principal place of business and a certified copy thereof in the office of the Secretary of State.

Sec. 68.  Capital Stock Not To Be Reduced, Etc.-Proviso.

      Sec. 68.  It shall not be lawful for the Trustees or Directors to make any dividend except from the net profits arising from the business of the corporation; nor to divide, withdraw, nor in any way pay to the stockholders, or any of them, any part of the capital stock of the company; nor to reduce the capital stock, unless in the manner prescribed in this Act, or in accordance with the provisions of the certificate or articles of incorporation; and in case of any violation of the provisions of this section, the Directors or Trustees under whose administration the same may have happened,

Security on transfer.

Dividends.

Subdividing capital stock.

Capital stock not to be reduced, etc.

Proviso.

Removal of place of business without amendment.

happened, except those who may have caused their dissent thereto to be entered at large on the minutes of the Board of Directors or Trustees at the time, shall in their individual and private capacities, be jointly and severally liable to the corporation, and the creditors thereof, to the full amount so divided, withdrawn or reduced, or paid out; provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company which shall remain, after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter; provided, also, that this section shall not prevent the retirement or conversion of either stock or bonds or the distribution of the earnings or accumulations of the corporation as provided for in the articles or certificate of incorporation, original or amended.

Sec. 69.  Removal of Place of Business Without Amendment.

      Sec. 69.  Any corporation, now existing or hereafter to be formed, desiring at any time to change the location of its principal office, shall, after a resolution has been passed by its Directors, members or stockholders, authorizing or directing such change or removal, file in the office of the Secretary of State and of the County Clerk of the county where its principal office then is, and publish once a week for four weeks in the newspaper published nearest to the place from which said office is to be removed, a notice of such change, specifying particularly where the said office is to be located, the date when the change was or will be made, and the name of the resident agent to have charge of such office after such change. If it is desired to change the said office to some county other than the one in which the corporation then has its principal office, such a notice must also be filed in the office of the County Clerk of the county to which the said office is to be removed, and unless such copies are already on file in said office, a certified copy of its original articles or certificate of incorporation, or of a copy or record thereof made and filed pursuant to this Act, and certified copies of all amendments to such original articles must also be filed with said County Clerk of the county to which it is proposed to remove. The notice of such change may be signed by any officer or Director of the corporation. The formation or corporate acts of no corporation heretofore formed under this Act, or any other Act, shall be rendered invalid by reason of the fact that its principal place of business may not have been designated in its certificate of incorporation, and on compliance with the provisions of this section, in the several cases herein mentioned, or on filing of an amendment, under Sections 40 and 41 of this Act, the principal place of business of any corporation shall be deemed established or removed at or to any designated city, town, or locality or county in the State.

Sec. 70.  Filing Copy of Articles in Other Counties.

      Sec. 70.  Whenever the principal office of a corporation is changed from one county to another by amendment of its articles of incorporation, or otherwise, and whenever any corporation becomes the owner or lessee of any real property in any county other than that where it has its principal place of business, or whenever copies of its articles of incorporation and of all amendments thereto are not on file or of record in the office of the County Clerk of the county where its principal office is situated, or where it owns, holds, leases, manages or controls any real property, such corporation must file in the office of the County Clerk of such county to which its office is changed, or where it owns or holds any real property in this State, certified copies of its original articles of incorporation, or of the copy thereof filed with the Secretary of State, and of each and every amendment thereto on file with the Secretary of State, and no corporation shall maintain or defend any suit in such county till this is done, and, if the said corporation fails to cause said papers to be so filed, any person desiring for a lawful purpose to examine the same, may procure and file and record in said County Clerk’s office said papers or any of them not so filed theretofore, and may recover the expense thereof with the costs of suit in an action against such delinquent corporation.

Sec. 71.  Book for Names of Members-Stock Ledger.

      Sec. 71.  It shall be the duty of the Trustees of every company incorporated in this State to keep a book containing the names and addresses of all persons, alphabetically arranged, who are or shall become members or stockholders of the corporation, or who may be entitled to vote at stockholders’ meetings, and showing the number of shares of stock held, or other voting rights, if any, by them respectively, and the time when they became the owners of such shares; which book shall be kept in its principal office, during the usual business hours of the day, on every day except Sunday and the legal holidays, and shall be open for the inspection of stockholders of the company, at the principal office or principal place of business of the company; and any stockholder of the company may have the right to examine any books and papers of said corporation in said office and to demand and receive from the agent or officer having the charge of such a certified copy of any entry therein, on paying the actual cost of making such copy, and such copy shall be presumptive and prima facie evidence in all actions against said corporation or any of its stockholders.

Sec. 72.  Information for Creditor of Stockholder.

      Sec. 72.  Every person having charge of the original or duplicate stock books of any corporation shall, upon application of any person and upon presentation to him of a sworn affidavit on his behalf that he is a creditor of any stockholder, give him information as to the number of shares owned by said stockholder, and any person refusing to give such information shall forfeit to the party demanding such information the sum of $100, to be recovered in any court having jurisdiction.

Filing copy of articles in other counties.

Book for names of members, stock ledger.

Information for creditor of stockholder.

Publishing false statements a misdemeanor.

Officers liable for damages caused thereby.

Penalty for making false entry.

Keeping fraudulent accounts a crime.

tion of any person and upon presentation to him of a sworn affidavit on his behalf that he is a creditor of any stockholder, give him information as to the number of shares owned by said stockholder, and any person refusing to give such information shall forfeit to the party demanding such information the sum of $100, to be recovered in any court having jurisdiction.

Sec. 73.  Publishing False Statements a Misdemeanor.

      Sec. 73.  Any person who, being a Director, manager or officer of any corporation or body corporate or company, shall make, circulate or publish, or concur in making, circulating or publishing, any written statement or account which he shall know to be false in any material particular, with intent to deceive or defraud any member, shareholder or creditor of any such body corporate, corporation or company, or with intent to induce any person to become a shareholder therein, or to entrust or advance any property to such body corporate, corporation or company, or to enter into any security for the benefit thereof, shall be guilty of a misdemeanor.

Sec. 74.  Officers Liable for Damages Caused Thereby.

      Sec. 74.  If the Directors or officers of any corporation organized under the provisions of this Act shall knowingly cause to be published, or given out, any written statement or report of the condition or business of the corporation that is false in any material respect, the officers and Directors causing such report or statement to be published, or given out, or assenting thereto, shall be jointly and severally individually liable for any loss or damage resulting therefrom.

Sec. 75.  Penalty for Making False Entry.

      Sec. 75.  If at any time the Clerk, Secretary, agent or other officer or employee having charge of any book required by this Act to be kept, shall make any false entry therein, or neglect to exhibit the same, or allow the same to be inspected, or extracts to be taken therefrom, or to give a certified copy of any entry, as provided in Section 71 of this Act, he shall be deemed guilty of a misdemeanor, and shall forfeit and pay to the party injured a penalty of one hundred dollars, and all damages resulting therefrom, to be awarded in an action for debt in any court having competent jurisdiction.

Sec. 76.  Keeping Fraudulent Accounts a Crime.

      Sec. 76.  Any person who, being a Director, Trustee, officer or manager of any body corporate, corporation, or company, shall, as such, receive or possess himself of any of the property of such corporation, body corporate, or company, otherwise than in payment of a just debt or demand, and shall, with intent to defraud, omit to make, or to cause, or to direct to be made, a full and true entry thereof in the books and accounts of such body corporate or public company, shall be guilty of a misdemeanor.

books and accounts of such body corporate or public company, shall be guilty of a misdemeanor.

Sec. 77.  Wilful Destruction of Books, Making False Entries, Etc.

      Sec. 77.  Any person who, being a Director, manager, officer or member of any corporation, body corporate or company, shall, with intent to defraud, destroy, alter, mutilate or falsify any book, paper, writing, or valuable security belonging to the said corporation, body corporate or company, or make or concur in the making of any false entry, or omit or concur in omitting any material particular in any book of accounts or other document belonging thereto, shall be guilty of a misdemeanor.

Sec. 78.  Removal of Directors.

      Sec. 78.  Any Director may be removed by a vote of two-thirds of the members or the owners of two-thirds of the stock, or by written consent thereto subscribed by two-thirds of the members, or by the owners of two-thirds of all stock outstanding and filed with the Secretary of the company, and the by-laws may provide for removal by a vote or written consent of less than two-thirds, but not by less than a majority of the members of the stock. Upon such removal, a vote of the stockholders or members to fill the vacancy shall at once be taken, or a meeting to take such vote called, and if not called promptly may be ordered by the District Court, and the order enforced by punishing the officers and Directors or Trustees who refuse or fail to comply therewith, as for a contempt, and the removal shall not take effect till such vacancy be so filled by vote of the stockholders or members, but such Director so removed shall hold office until his successor is so elected by the members or stockholders and qualified.

Sec. 79.  Proceedings for Removal of Officers in Certain Cases by Majority Vote in Court.

      Sec. 79.  On petition of the stockholders holding the majority of the stock actually issued by any corporation formed under this Act, and subject to the provisions of this section, to the District Judge of the district where said corporation has its actual place of business, verified by the signers, to the effect that they are severally the holders of the number of shares set opposite their signatures to the foregoing petition, the District Judge shall issue his notice to the stockholders of said company that a meeting of the stockholders will be held at the Court room of the District Court, in the county in which is said principal place of business, stating the time, not less than five, nor more than ten, days after the first publication of said notice, and the object to be taken into consideration, the removal of officers, Directors or Trustees of said company, which notice, signed by the said District Judge, shall be published daily, in a daily newspaper published in said county, for at least five days before the time for the meeting; or, if there be no daily newspaper published in said county, then in such manner as the District Judge shall direct.

Wilful destruction of books, making false entries, etc.

Removal of Directors.

Proceedings for removal of officers in certain cases by majority vote in court.

Proceedings to organize such meeting

Removal of officers or Directors in certain cases, and election of new Board in court by majority vote.

paper published in said county, for at least five days before the time for the meeting; or, if there be no daily newspaper published in said county, then in such manner as the District Judge shall direct.

Sec. 80.  Proceedings to Organize Such Meeting.

      Sec. 80.  At the time appointed by said notice, the said District Judge shall appoint a Secretary of the meeting, and shall thereupon hear the proofs of those claiming to be stockholders in said corporation; and only those showing a right to vote, or their proxies, shall take part in the further proceedings. Said Judge shall decide who are entitled to vote in a summary way, and his decision shall be final. If it appears at the time appointed, or within one hour thereafter, that holders of less than one-half the whole number of shares actually issued, or their proxies, are present, the meeting shall be dissolved; but, if the holders of more than one-half of the shares actually issued, or their proxies, are present, they shall proceed to vote, the Secretary calling the roll, which he shall prepare by setting down the names of persons held to be entitled to vote, and the number of shares held by each, and such persons voting yea or nay on the question of removal of one or more of the officers, Directors or Trustees of the company, specifying which one or more that the voters desire to remove, as the case may be. The Secretary shall enter the same upon his list, and, when he has added up the list and stated the result, he shall sign the same and hand it to the Judge, who shall declare the result.

Sec. 81.  Removal of Officers or Directors in Certain Cases, and Election of New Board in Court by Majority Vote.

      Sec. 81.  If the result of the vote is that the holders of a majority of all the shares of the company actually issued, or their proxies, are in favor of the removal of one or more of the officers, Directors or Trustees of the company, the meeting shall then proceed to ballot for officers to supply the vacancies thus created. Tellers shall be appointed by the Judge, who shall collect the ballots and deliver them to the Secretary, who shall count the same in open session, and, having stated the result of the count, in writing, shall sign the same and hand it to the Judge, who shall announce the result to the meeting. The Judge shall thereupon issue to each person chosen a certificate, stating that, from the date of such meeting until the next annual election, unless removed under the provisions hereof, he is entitled to exercise and fill the office to which he is chosen; and shall endorse upon, or annex to, said petition a report of the proceedings of said meeting; and an order, requiring that all books, papers, and all property and effects of said corporation, be immediately delivered to the officers-elect, and shall sign the same and file it with the Clerk of his Court; and thereafter any disobedience to said order may be punished as other contempts of Court, and disobedience thereto may be enforced by the Court of said district.

ence to said order may be punished as other contempts of Court, and disobedience thereto may be enforced by the Court of said district. The District Judge shall preside at said meeting, and put to vote such proper motions as he may be requested to submit to the meeting. In deciding any controverted question that may arise, he shall have the power to administer oaths and take testimony, either orally or by ex parte affidavits. For all the services in these proceedings the County Clerk shall receive twenty dollars.

Sec. 82.  The Preceding Sections Optional with Corporations Hereafter Formed.

      Sec. 82.  All corporations heretofore formed under prior Acts, their stockholders, Trustees and officers, shall have the powers and be subject to the provisions of the three preceding sections contained providing for removal and elections of new officers, Directors or Trustees by majority vote in Court, and all corporations hereafter formed, renewed or continued under and pursuant to the provisions of this Act, which shall in their articles or certificate of incorporation, original or amended, state that they desire to take advantage of such provisions, or of said three sections, or to be governed thereby, or to be subject thereto, or words to that effect, shall accordingly be themselves, their stockholders, Directors, Trustees and officers, vested with all the powers, and subject to and governed by all the provisions of the said three sections of this Act next preceding, that is to say, Sections Nos. 79, 80, and 81 of this Act, but no others shall be subject thereto nor affected thereby.

Sec. 83.  Incorporation Need Not Be Proven.

      Sec. 83.  In all civil actions brought by or against a corporation it shall not be necessary to prove on the trial of the cause the existence of the corporation unless the defendant in his or its answer expressly aver that such plaintiff or defendant is not a corporation, and verify the same.

Sec. 84.  Validating Articles of Incorporation.

      Sec. 84.  All corporations organized under general laws in whose certificates or articles of incorporation there is any error or omission of any matter or thing required to be therein stated, or which are defectively executed or acknowledged or certified or in which some of the informality or irregularity exists, are hereby declared to be corporations from the time of filing such certificate or articles, in the same manner and to the same effect and intent as if the same were without fault.

Sec. 85.  Report of Election to Secretary of State.

      Sec. 85.  Every corporation incorporated or authorized to transact business in this State shall, within thirty days after any and every corporate act which makes any change in the Board of Directors or Trustees,

The preceding sections optional with corporations hereafter formed.

Incorporation need not be proven.

Validating articles of incorporation.

Report of election to Secretary of State.

Lien of employees.

Service of legal process.

Surrender of corporate rights before payment of capital stock.

Board of Directors or Trustees, file in the office of the Secretary of State a statement, authenticated by the signatures of the President and Secretary and verified by each of them, giving the names of all the Directors or Trustees and officers, with the date of election or appointment of each, term of office, residence and postoffice address of each, character of his business, location (giving also street and number if practicable) of its principal office in this State, and the name of the resident agent in this State in charge of said office and upon whom process can be served, and every corporation failing so to do, for ten days after written request so to do by a State officer or anyone interested, shall forfeit to the State $100.

Sec. 86.  Lien of Employees.

      Sec. 86.  Whenever any corporation formed under the provisions of this Act and prior Acts shall become insolvent or be dissolved in any way, or for any cause, the employees doing labor or service of whatever character in the regular employ of such corporation, shall have a lien upon the assets thereof for the amount of wages due to them, not exceeding two months’ wages respectively, which shall be paid prior to any other debt or debts of said corporation; but the word “employees” shall not be construed to include any of the officers of such corporation.

Sec. 87.  Service of Legal Process.

      Sec. 87.  Services of legal procees upon any corporation created under this Act or subject to its provisions shall be made by delivering a copy thereof personally to the President, Cashier, Secretary or resident agent of such corporation, or by leaving the same at the principal office or place of business of the corporation in this State. Service by copy left at the said principal office or place of business in this State, to be effective, must be delivered thereat at least thirty days before the return of the process, and in the presence of an adult person; and the officer serving the process shall distinctly state the manner of service in his return thereto, naming such person; provided, that process returnable forthwith must be served personally.

Sec. 88.  Surrender of Corporate Rights Before Payment of Capital Stock.

      Sec. 88.  Before the payment of any part of the capital [stock] other than that paid in before filing articles or certificate of incorporation and before beginning business for which the corporation was created, the incorporators named in any certificate or articles of incorporation may surrender all their corporate rights and franchises, by filing in the office of the Secretary of State, a certificate executed and acknowledged by all, and verified by the oath or affirmation of a majority of the said incorporators, that no part of the capital has been paid since filing articles of incorporation, and such business has not been begun, and surrendering all rights and franchises, and thereupon the said corporation shall be dissolved.

paid since filing articles of incorporation, and such business has not been begun, and surrendering all rights and franchises, and thereupon the said corporation shall be dissolved.

Sec. 89.  Dissolution of a Corporation.

      Sec. 89.  If it should be deemed advisable, in the judgment of the Board of Directors, or Trustees, and most for the benefit of any corporation organized under this Act, and prior Acts, that it should be dissolved, the Board, within ten days after the adoption of a resolution to that effect by a majority of the whole Board at any meeting called for that purpose, of which meeting every Director shall have received at least three days’ notice, shall cause notice of the adoption of such resolution and of the time and place of the meeting of stockholders called to take action thereon, to be mailed to each stockholder and creditor having a right to vote with the stockholder, and also, beginning within said ten days, cause to be inserted in a newspaper published in the county wherein the corporation shall have its principal office, and also in the county, or city and county, where said stockholders’ meeting is to be held, at least four weeks successively, once a week, next preceding the time appointed for such meeting, a like notice of said resolution and of such meeting of the stockholders to take action upon the resolution so adopted by the Board of Directors, or Trustees, which meeting shall be held between the hours of ten o’clock in the forenoon and three o’clock in the afternoon of the day so named, and which meeting may, by consent of a majority in interest of the stockholders present, be adjourned from time to time, of which adjournment notice by advertisement in the same newspaper shall be given; and if at any such meeting or adjourned meetings two-thirds in interest of all the stockholders or two-thirds in interest of any class of creditors entitled to vote at such meeting shall consent that a dissolution shall take place and signify their consent in writing, such consent, together with a list of the names and residences of the Directors and officers, certified by the President and Secretary and Treasurer, shall be filed in the office of the Secretary of State, who upon being satisfied by due proof that the requirements aforesaid have been complied with, shall issue a certificate that such consent has been filed, and the corporation shall thereby be dissolved, and the Secretary of State shall make an endorsement to that effect on the original certificate of incorporation and on the amendments thereto in his office. Whenever nine-tenths in interest of the stockholders and nine-tenths in interest of any class of secured creditors entitled to vote with stockholders shall consent in writing to a dissolution, no meeting or notice thereof shall be necessary, but on filing said consent, duly acknowledged or proven, in the office of the Secretary of State, he shall forthwith issue a certificate of dissolution, as above provided.

Dissolution of a corporation.

Continuation of corporation after dissolution for purposes of suit, etc.

Trustees after dissolution.

Powers of Trustees after dissolution of company.

Sec. 90.  Continuation of Corporation After Dissolution for Purposes of Suit, Etc.

      Sec. 90.  All corporations, whether they expire by limitations, or are otherwise dissolved, shall nevertheless be continued as bodies corporate, for the term of one year from such expiration or dissolution, and until all litigation to which such corporation is a party, if begun within that time and process served within said year, is ended, for the purpose of prosecuting and defending suits by or against them, begun within said time, and of enabling them gradually to settle and close their business, to dispose of and convey their property, and to divide their capital stock, but not for the purpose of continuing the business for which said corporation shall have been established. A majority in interest of the stockholders by resolution or by written consent, filed with the Secretary of State, may extend this time not exceeding three years in all.

Sec. 91.  Trustees After Dissolution.

      Sec. 91.  Upon the dissolution of any corporation under the provisions of Section 89 of this Act, or its expiration by limitation of time, the Directors, or the governing body, by whatever name it may be known, shall be Trustees thereof, with full power to settle the affairs, collect the outstanding debts, sell, and convey the property, real and personal, and divide the moneys and other property among the stockholders, after paying its debts.

Sec. 92.  Powers of Trustees After Dissolution of Company.

      Sec. 92.  Upon the dissolution or expiration of the time limited for the existence of any corporation formed under the laws of this State the Directors or Trustees at the time of the dissolution shall be Trustees to and for the creditors and stockholders of the corporation dissolved, and shall have power and authority to sue for and recover the debts and property of the corporation, in the name of said corporation or by the name of Trustees of such corporation, to collect and pay the outstanding debts, settle all its affairs, and divide among the members or stockholders entitled thereto the money and other property that shall remain after the payment of the debts and necessary expenses. Any creditor of a corporation dissolved without decree of Court, if said dissolution be in fraud of his rights, may unite with any action to enforce his debt an action to set aside such dissolution, and on proof thereof have such orders and decree as shall afford him complete relief in such action, but such dissolution shall not extend the period limited by law for the enforcement of such creditor’s claim or demand.

Sec. 93.  Appointment of Receivers.

      Sec. 93.  When any corporation organized under this Act shall be dissolved in any manner whatever, or expire by limitation,

limitation, any Court of equitable powers, held in the county where it has its principal office, on application of any creditor or stockholder of such corporation, may at any time, in an action, against the company, either continue such Directors, Trustees as aforesaid, or on proof that they or some of them are incapable or unfaithful, or have resigned, remove such as have given cause after such notice as may be reasonable, to the Trustees or Directors, or appoint them if none are removed or the remainder of the Board to be receivers of and for such corporation, or, if all are removed or resign, may appoint one or more other persons receivers, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the company, with power to prosecute and defend, in the name of the corporation, or otherwise, all such suits as may be necessary or proper for the purposes aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by such corporation, if in being, that may be necessary for the final settlement of the unfinished business of the corporation; and the powers of such Trustees or receivers may be continued as long as the Court shall think necessary for the purposes aforesaid.

Sec. 94.  Receiverships and Dissolution by the Court.

      Sec. 94.  Whenever a corporation has in ten successive years failed to pay dividends amounting in all to 5 per cent of its entire outstanding capital, or has wilfully violated its charter, or its Trustees or Directors have been guilty of fraud or collusion or gross mismanagement in the conduct or control of its affairs, or its assets are in danger of waste through attachment, litigation or otherwise, or said corporation has abandoned its business and has not proceeded diligently to wind up its affairs, or to distribute its assets in a reasonable time, or has become insolvent and is not about to resume its business with safety to the public, any holder or holders of one-tenth of the capital stock may apply to the District Court, held in the district where the corporation has its principal place of business, for an order dissolving the corporation and appointing a receiver to wind up its affairs, and may by injunction restrain the corporation from exercising any of its powers or doing any business whatsoever, except by and through a receiver appointed by the Court. Such Court may, if good cause exist therefor, appoint one or more receivers for such purpose, but in all cases Directors or Trustees who have been guilty of no negligence nor active breach of duty shall have the right to be preferred in making such appointment, and such Court may at any time for sufficient cause make a decree dissolving such corporation and terminating its existence.

Sec. 95.  Proceedings When Receiver is Appointed.

      Sec. 95.  Whenever any decree is made appointing a receiver to wind up the affairs of a corporation, it shall be the duty of such receiver to file a certified copy of his appointment and of the decree of dissolution, if made by a Court, with the Secretary of State.

Appointment of receivers.

Receiverships and dissolution by the Court.

Proceedings when receiver is appointed.

Sale of property and franchises.

Sale of deteriorating property.

Compensation of receivers.

receiver to wind up the affairs of a corporation, it shall be the duty of such receiver to file a certified copy of his appointment and of the decree of dissolution, if made by a Court, with the Secretary of State. Such Court shall also direct that such decree appointing a receiver be published at least once a week for four weeks in some newspaper published in the county and shall also limit a time which shall not be less than four (4) months from the date of the first publication of the order or decree within which all claims against such corporation shall be presented to the receiver, and shall provide that all claims not so presented shall not share in the assets but be barred therefrom unless, before actual distribution is made and on good cause shown, permission be given to present any claim after the time so limited.

Sec. 96.  Sale of Property and Franchises.

      Sec. 96.  Said Court may in its discretion, in lieu of decreeing the dissolution of such corporation, order the receiver to sell its property and franchise, and the purchaser thereof shall succeed to all the rights and privileges of said corporation and may reorganize the same under direction of said Court or pursuant to Sections 49 and 50 of this Act. At any sale of such property at public auction the Court may in its discretion authorize the receiver to accept in payment duly allowed claims against said corporation at a proper valuation.

Sec. 97.  Sale of Deteriorating Property.

      Sec. 97.  Whenever the property of an insolvent corporation is at the time of the appointment of a receiver incumbered with liens of any character, and the validity, extent or legality of any such lien is disputed or brought in question, and the property of the corporation is of a character which will deteriorate in value pending litigation over or respecting such lien, the Court appointing the receiver may order the receiver to sell the property of the corporation clear of incumbrances, at public or private sale for the best price that can be obtained, subject to confirmation by the Court, and pay the net proceeds of the sale into Court, there to remain subject to order of Court to be distributed and apportioned under the supervision of the Court, as it shall direct.

Sec. 98.  Compensation of Receivers.

      Sec. 98.  The District Court shall, before making distribution of the assets of an insolvent corporation among the creditors or stockholders thereof, allow a reasonable compensation to the receivers or Trustees for their services, and the costs and expenses incurred in and about the execution of their trusts and the cost of the proceedings in said Court, to be first paid out of said assets.

corporations for mining purposes.

Sections 99, 100, 101.

Sec. 99.  Capital Stock Consisting of Mining Ground.

      Sec. 99.  In corporations already formed, or which may hereafter be formed under this Act, or otherwise, for mining purposes, where the amount of the capital stock of such corporation consists of the aggregate valuation of the whole number of feet, shares, or interest in any mining claim in this State, for the working and development of which such corporation shall be or has been formed, no actual subscription to the capital stock of such corporation shall be necessary; but each owner in said mining claim shall be deemed to have subscribed such an amount to the capital stock of such corporation as under the by-laws will represent the value of so much of his or her interest in said mining claim, the legal title to which he or she may, by deed, deed of trust, or other instrument, vest, or have vested, in such corporation, for mining purposes; such subscription to be deemed to have been made and to have been fully paid on the execution and delivery to such corporation and its acceptance by such corporation of such deed, deed of trust, or other instrument; nor shall the validity of any assessment levied, or which may hereafter be levied, by the Board of Directors or Trustees of such corporation, provided such corporation has the right and power to levy assessments, be affected by reason of the fact that the full amount of the capital stock of such corporation, as mentioned in its certificate of incorporation, shall not have been subscribed as provided in this section; provided, that the greater portion of said amount of capital stock shall have been subscribed; and, provided further, that this section shall not be so construed as to prohibit the stockholders of any corporation formed, or which may be formed, for mining purposes, as provided in this section, from regulating the mode of making subscriptions to its capital stock and calling in the same by by-laws or express contract; provided further, that no corporation hereafter formed shall ever have power to assess paid up stock unless in its original articles or certificate of incorporation such power is reserved, and no amendment of such original in this respect or to give such power shall ever be made.

Sec. 100.  Mining Corporations Governed by District Mining Laws.

      Sec. 100.  All corporations already formed, or which may hereafter be formed under this Act for mining purposes, shall be governed by the mining laws of the district where the mine is located.

Sec. 101.  Mining Corporations May Become Stockholders, Etc.

      Sec. 101.  Corporations already formed, or hereafter incorporated under the provisions of this Act, for mining, milling or ore reduction purposes, may subscribe to and become stockholders in any corporation, company, or association now formed, or which may hereafter be formed, for the purpose of constructing any tunnel, shaft or other work, which may be calculated to aid or facilitate the exploration, development, or working of any mine or mining ground in this State; and any corporation so becoming a stockholder therein shall, in proportion to its interest, be subject to all the liabilities, and entitled to all the rights and privileges of an individual stockholder.

Capital stock consisting of mining ground.

Mining corporations governed by district mining laws.

Mining corporations may become stockholders, etc.

Fees of Secretary of State.

Secretary of State to compile and publish annual list of corporations

porated under the provisions of this Act, for mining, milling or ore reduction purposes, may subscribe to and become stockholders in any corporation, company, or association now formed, or which may hereafter be formed, for the purpose of constructing any tunnel, shaft or other work, which may be calculated to aid or facilitate the exploration, development, or working of any mine or mining ground in this State; and any corporation so becoming a stockholder therein shall, in proportion to its interest, be subject to all the liabilities, and entitled to all the rights and privileges of an individual stockholder.

Sec. 102.  Fees of Secretary of State.

      Sec. 102.  On filing any certificate or articles or other paper, relative to corporations, in the office of the Secretary of State, the following fees and taxes shall be paid to the Secretary of State, for the use of the State: For certificate or articles of incorporation, fifteen (15) cents for each thousand dollars of the total amount of capital stock authorized, but in no case less than fifteen dollars; increase of capital stock, fifteen (15) cents for each thousand dollars of the total increase authorized, but in no case less than ten dollars; consolidation and merger of corporations, fifteen (15) cents for each thousand dollars of capital authorized, beyond the total authorized capital of the corporations merged or consolidated, but in no case less than ten dollars; extension or renewal of corporate existence of any corporation, one-half that required for the original certificate or articles of organization or incorporation by this Act; dissolution of corporation, change of nature of business, amended articles or certificates of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, increase or decrease of par value of number of shares, ten dollars; for filing list of officers and Directors or Trustees, one dollar; filing copy of charter and statement of foreign corporation and issuing certificate of authority to transact business, ten dollars; and for all certificates not hereby provided for, five dollars; provided, that no fees shall be required to be paid by any religious or charitable society or association or educational association having no capital stock; and provided, that when the aggregate of such fees shall become more than three thousand dollars in any one year, all over this amount shall be paid to the General Fund of the State.

Sec. 103.  Secretary of State to Compile and Publish Annual List of Corporations.

      Sec. 103.  The Secretary of State shall annually compile from the records of his office, and publish a complete list, in alphabetical order, of the original and amended certificates or articles of incorporation or of extension or renewal filed during the preceding year, together with the location of the principal office of each in this State,

the principal office of each in this State, and the name of the agent in charge thereof, the amount of the authorized capital stock, the amount with which business is to be commenced, the date of filing the certificate and the period for which the corporation is to continue; and shall index each and every paper filed or recorded in his office under or pursuant to this Act, so that each can be readily found, placing and keeping those relating to each corporation together, and register every paper so filed in a book kept for that purpose under the heading or title of the corporation or company filing the same or affected thereby, each corporation incorporated under this Act to have a separate page which shall show at all times the title or description of each and every paper filed by or on behalf of said corporation with the date of such filing.

Sec. 104.  Meaning of Certain Terms Used in This Act.

      Sec. 104.  The term “principal office,” “principal place of business,” “principal office in this State,” and “registered office,” wherever used in this Act shall be construed as referring to the office maintained in this State as required by Sections 14, 15 and 16 of this Act and as synonymous terms; “articles of incorporation” and “certificate of incorporation” shall also be construed as synonymous terms; the words “Trustees” and “Directors” also shall be construed as synonymous terms wherever used in this Act. “Stockholders” or equivalent terms shall include creditors entitled to vote as stockholders unless otherwise provided in this Act. The singular number shall include the plural, and the plural shall include the singular, and general terms and powers given herein, and by the use of general terms, shall not be restricted by the use of special terms, or be held to be restricted by any grant of special powers herein contained.

Sec. 105.  Seal.

      Sec. 105.  The seal of a corporation shall contain its corporate name and date when incorporated, which date shall be that of the certificate issued by the Secretary of State under and pursuant to Section 5 of this Act. A departure from this provision shall not invalidate any corporate act otherwise valid, and the impression of the corporate seal on paper without wax or adhesive substance shall be a valid seal.

Sec. 106.  Retaliatory Taxation.

      Sec. 106.  When, by the laws of any other State, country, Territory, colony, dependency or nation, any other or greater taxes, fines, penalties, licenses, fees or other obligations or requirements are imposed upon corporations of this State, doing business in such other State or nation, or upon their agents therein, than the laws of this State impose upon their corporations or agents doing business in this State, so long as such laws continue in force in such other or foreign State or nation, Territory, colony, dependency, or country the same taxes, fines, penalties, licenses, fees, obligations and requirements of whatever kind shall be imposed upon all corporations of such other State or nation, country, Territory, colony or dependency doing business within this State and upon their agents here; provided, that nothing herein shall be held to repeal any duty, condition or requirement now imposed by law upon such corporations of other States or nations transacting business in the State.

Secretary of State to compile and publish annual list of corporations

Meaning of certain terms used in this Act.

Seal.

Retaliatory taxation.

Renewal of charters.

Filing certificate and recording copy.

as such laws continue in force in such other or foreign State or nation, Territory, colony, dependency, or country the same taxes, fines, penalties, licenses, fees, obligations and requirements of whatever kind shall be imposed upon all corporations of such other State or nation, country, Territory, colony or dependency doing business within this State and upon their agents here; provided, that nothing herein shall be held to repeal any duty, condition or requirement now imposed by law upon such corporations of other States or nations transacting business in the State.

Sec. 107.  Renewal of Charters.

      Sec. 107.  Any corporation existing under the laws of this State may, at any time before the expiration of the time limited for its existence, procure a renewal of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing debts, duties and liabilities, secured or imposed by its then existing charter, by filing a certificate of its President and Secretary, duly sworn or affirmed to by such officers before any person authorized by the laws of this State to administer oaths or affirmations, with the Secretary of State, which certificate must be authorized by two-thirds in interest of the stock in writing, or by a resolution to that effect, and shall set forth:

      1-The name of the corporation, which shall be the existing name of said corporation at the time of such renewal.

      2-The name of the city, town or place within the county in which its principal office or place of business is located in this State.

      3-The date when such renewal is to commence, which date shall be prior to the date of the expiration of the charter desired to be renewed, whether or not such renewal is to be perpetual, and, if not perpetual, the time for which such renewal is to continue.

      4-That the corporation desiring to renew, and so renewing its charter, is duly organized and carrying on the business authorized by its existing charter, and desires to renew or continue its existence under and pursuant to and subject to the provisions of this Act.

Sec. 108.  Filing Certificate and Recording Copy.

      Sec. 108.  Such certificate for the renewal and continuance of the existence of any such corporation shall be filed in the office of the Secretary of State, who shall furnish a certified copy of the same under his hand and seal of office; said certified copy shall be filed and recorded in the office of the Clerk of the county in which the principal office of said corporation is located in this State, in a book kept for that purpose, or in the book provided for recording original articles pursuant to Section 3 of this Act; and said certificate or a certified copy thereof duly certified under the hand of the Secretary of State and his seal of office, accompanied with the certificate of the Clerk of the county wherein the same is recorded, under his hand and seal of his office, stating that it has been recorded, the record of the same in the office of the Clerk aforesaid, or a copy of said record duly certified by the aforesaid Clerk, shall be evidence in all courts of law and equity of this State.

Secretary of State and his seal of office, accompanied with the certificate of the Clerk of the county wherein the same is recorded, under his hand and seal of his office, stating that it has been recorded, the record of the same in the office of the Clerk aforesaid, or a copy of said record duly certified by the aforesaid Clerk, shall be evidence in all courts of law and equity of this State.

Sec. 109.  Renewal.

      Sec. 109.  Any corporation now existing or hereafter incorporated desiring to renew, extend or continue its corporate existence, shall, upon complying with the provisions of Sections 102-107 and 108 of this Act, be, and continue for the time stated in its certificate of renewal, a corporation, and shall, in addition to the rights, privileges and immunities conferred by its original charter, possess and enjoy all the benefits of this Act, which are applicable to the nature of its business, and shall be subject to the restrictions and liabilities by this Act imposed on such corporations.

Sec. 110.  May Hold Stock, Etc., of Other Corporations.

      Sec. 110.  Any corporation organized under the laws of this State, whether created by this Act, special Act of Legislature, or other general law, may guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of, the shares of the capital stock of, or any bonds, securities or evidence of indebtedness created by, any other corporation or corporations of this State or any other State, country, nation or government, and while owner of said stock may exercise all the rights, powers and privileges of ownership including the right to vote thereon; provided, that nothing herein contained shall authorize any corporation formed under the provisions of this Act to conduct a banking business in this State.

Sec. 111.  Meetings Held by Consent Without Notice.

      Sec. 111.  The by-laws may also provide that whenever all parties entitled to vote at any meeting, whether of Directors or Trustees, stockholders or members, consent, either by a writing on the records of the meeting or filed with the Secretary, or by presence at such meeting and oral consent entered on the minutes, or by taking part in the deliberations at such meeting without objection, the doings of such meeting shall be as valid as if had at a meeting regularly called and noticed, and at such meeting any business may be transacted which is not excepted from the written consent or to the consideration of which no objection for want of notice is made at the time, and if any meeting be irregular for want of notice or of such consent, provided a quorum was present at such meeting, the proceedings of said meeting may be ratified and approved and rendered likewise void and the irregularity or defect therein waived by a writing signed by all parties having the right to vote at such meeting; and that such consent or approval of members, stockholders or creditors may be by proxy or attorney, but all such proxies and powers of attorney must be in writing.

Renewal.

May hold stock, etc., of other corporations

Meetings held by consent without notice.

Waiver.

Amendment to this Act.

Repealer and continuing certain Acts in force; vested rights not impaired.

by all parties having the right to vote at such meeting; and that such consent or approval of members, stockholders or creditors may be by proxy or attorney, but all such proxies and powers of attorney must be in writing.

Sec. 112.  Waiver.

      Sec. 112.  Whenever any notice whatever is required to be given under the provisions of this Act, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto.

Sec. 113.  Amendment of This Act.

      Sec. 113.  This Act may be amended or repealed, at the pleasure of the Legislature, but such amendment or repeal shall not take away or impair any remedy against any corporation under this Act, or its officers, for any liability which shall have been previously incurred; this Act and all amendments thereof shall be a part of the charter of every such corporation except so far as the same as inapplicable and inappropriate to the objects of such corporation.

Sec. 114.  Repealer and Continuing Certain Acts in Force; Vested Rights Not Impaired.

      Sec. 114.  All Acts and parts of Acts, general and special, inconsistent or in conflict with this Act are hereby repealed; but no existing corporation shall be thereby dissolved, nor shall the powers specified in its charter or certificate or articles of incorporation be thereby impaired or limited in any way, and nothing herein contained shall impair or annul, divest or disturb any vested rights, privileges or powers actually exercised and enjoyed in or by any corporation under any law hereby repealed. And provided that all rights and privileges and immunities vested or accrued by or under prior laws, all suits pending, all rights of action conferred and all duties, restrictions, liabilities and penalties imposed or required by or under laws prior hereto, shall not be impaired, diminished or affected hereby. All existing legislation affecting the formation, government and regulation of banks and banking companies, insurance and insurance companies, including life, fire, or accident and mutual insurance companies, surety companies and companies organized or that may be organized for the purpose of transacting business as sureties on bonds and undertakings, railroad companies, or railroad, telephone and telegraph companies, remain unaffected by the provisions of this Act and continue in full force and virtue. This Act shall not affect the existence of any corporation heretofore formed, but such corporation may continue in existence under the laws heretofore in force, or may elect to renew or continue its existence under this Act. No corporation formed or existing prior to the passage of this Act is affected by any of the provisions thereof, except those provisions expressly made applicable to corporations heretofore formed, unless such corporation elects to renew or continue its existence under it, as provided herein, with the consent of two-thirds of its members or of the owners of two-thirds of all its stock.

provisions thereof, except those provisions expressly made applicable to corporations heretofore formed, unless such corporation elects to renew or continue its existence under it, as provided herein, with the consent of two-thirds of its members or of the owners of two-thirds of all its stock. But the laws under which such corporations were formed or exist, are applicable to all such corporations but are repealed subject to the provisions of this section. This Act shall take effect immediately.

Repealer and continuing certain Acts.

Chap. LXXXIX.–An Act to incorporate the City of Tonopah, and to establish a city government therefor, and prescribing duties of county officers relative thereto.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  That on and after the time, and for the purposes hereinafter mentioned, the inhabitants of that portion of Nye county, State of Nevada, embraced within the limits hereinafter set forth, shall be and constitute a body politic and corporate, by the name and style of the “City of Tonopah,” and by that name 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 of Tonopah shall include all the inhabitants, lands, tenements and franchise included in Section thirty-five (35) and Section thirty-six (36) in Township No. 3 north, Range 42 east, and Section one (1) and Section two (2) in Township No. 2 north, Range 42 east, Mount Diablo meridian.

      Sec. 2.  The corporate powers of the City of Tonopah shall be vested in a Mayor and City Council. The Mayor shall be an actual and bona fide resident, and an owner of real estate in the city, and he shall be chosen by the qualified electors whose names appear upon the official register of voters for the last preceding general election, as residents of and within the corporate limits of the town of Tonopah. The Mayor shall serve for a term of two years from and after the date of his election and qualification, or until his successor shall have been elected and qualified. The Mayor shall be the Chief Executive of the City of Tonopah, and must exercise a careful supervision over its general affairs and subordinate officers. He shall preside over the Council when in session, and shall have authority to preserve order, enforce the rules of the Council, and to determine the order of business, subject to such rule and to appeal to the Council. He shall not be entitled to a vote except in case of a tie, when he shall have the casting vote. He shall exercise the right of veto upon all matters passed by the Council, and it shall require a four-fifths vote of the whole Council to pass any matter after receiving the Mayor’s veto.

Incorporate the City of Tonopah.

Boundaries defined.

Corporate power vested in a Mayor and City Couneil.

Powers, duties, qualifications and jurisdiction of Mayor.

City Council, of whom composed, qualifications.

City Council to keep journal of proceedings.

City officials.

City Clerk.

Duties of City Clerk

City Attorney, qualifications of, and duties.

after receiving the Mayor’s veto. No resolution or contract, requiring the payment of money, nor any ordinance shall go into force or be of any effect until approved by the Mayor; provided, if the Mayor do not approve such resolution or contract or any 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, and if the Mayor do not so return it, such ordinance shall become a law as if he had approved it.

      Sec. 3.  The City Council shall consist of five members who shall each be actual, bona fide residents and owners of real estate in the city, and qualified electors thereof. They shall be chosen by the qualified electors of the City of Tonopah within the corporate limits; provided, that no person shall be eligible for the office of Councilman, who shall not have been an actual, bona fide resident and realty owner in the ward to be represented by him, for the period of at least six months immediately preceding the date of his election. A majority of all members of a [the] Council shall constitute a quorum to do business; but a less number may meet and adjourn from time to time, and 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 its proceedings, and upon the call of any one member, must cause the yeas and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions and proceedings must be public. The members of the City Council shall receive no compensation for such services.

      Sec. 4.  At the first election under this charter, hereinafter provided for and every year thereafter, there shall be elected one Mayor, five Councilmen, one City Attorney, one Police Judge, and one City Treasurer.

      Sec. 5.  Immediately upon the City Council taking office and perfecting its organization, it shall at once proceed to the election of a City Clerk, who shall be ex officio Auditor and Assessor.

      Sec. 6.  It shall be the duty of the City Clerk to keep the corporate seal and all documents and records of the city, not otherwise specially provided for by this charter or by ordinance. He shall be Clerk of the Council, attend all its meetings, whether regular or special, and record its proceedings. He shall assess the taxable property within the city and perform such other duties as may be imposed upon him by ordinance, and shall receive such salary and compensation as the Council may fix by ordinance.

      Sec. 7.  No person not a licensed and practicing attorney-at-law in good standing shall be eligible for the office of City Attorney. The City Attorney shall be the legal adviser of the Council and all officers of the city, and shall act as the attorney for the city in all legal proceedings and shall prosecute for offenses against the ordinances of the city and perform such other duties as may be imposed upon him by ordinance of the Council, and he shall receive such salary and compensation as the Council may fix by ordinance.

cute for offenses against the ordinances of the city and perform such other duties as may be imposed upon him by ordinance of the Council, and he shall receive such salary and compensation as the Council may fix by ordinance.

      Sec. 8.  The Police Judge of the City of Tonopah 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 violating any ordinance or provision of any ordinance of the City of Tonopah of a police nature; provided, that the trial and proceedings in such case shall be summary in character and with or without a jury, as may be prescribed by ordinance of the Council. The Police Judge shall perform such other duties as may properly pertain to said office, and which may be imposed upon him by ordinance of the said Council, and he shall receive a salary in full compensation for his services, such salary or compensation as the Council may fix by ordinance.

      Sec. 9.  Immediately upon the City Council taking office and perfecting its organization, it shall at once proceed to the election of a Chief of Police, who shall be ex officio Chief of the City Fire Department.

      Sec. 10.  The Chief of Police is hereby empowered to appoint the necessary number of policemen as required by the Council and to preserve the peace and dignity of the city, said appointees to be subject to the approval and confirmation of, and the salaries of such policemen fixed by, the Council.

      Sec. 11.  The Chief of Police, in addition to the general duties of his office, shall execute all processes issuing from the Police Court, and act with full powers as a policeman, and, as Chief of Police, shall collect all city taxes and licenses. In his absence or inability to act, his chief deputy shall act as Chief of Police; provided, however, that no person shall be eligible or qualified to hold the office of Chief of Police and ex officio Chief of the Fire Department, who shall not give his whole time and attention to the business and duties thereof, and any person appointed to such office shall, before entering upon the discharge of the duties thereof, furnish a bond to the city with sureties, and in an amount to be approved by the Council, which bond shall be conditioned, among other things, to the effect that said appointee shall at all times during his term of office give his whole time and attention to the business and duties of said office, except during the period of any leave of absence granted him by the City Council, during which time his chief deputy shall act in his stead, and such bond shall apply to such deputy in like manner as to the said Chief of Police.

      Sec. 12.  The Chief of Police shall not be answerable upon his official bond for the conduct of policemen appointed under the provisions of this charter, except as above specified, but the Council may require of such appointees such bond as shall by them be determined upon as proper and adequate.

Qualifications of Police Judge and his duties.

Chief of City Fire Department.

Policemen appointed.

Duties of Chief of Police.

Deputy Chief of Police.

Ordinances of Council to define duties of Chief of Police and policemen.

Compensation of Chief of Police.

Segregation of Chief of Police and Chief of Fire Department offices.

Mayor’s duties, how prescribed.

Mayor pro tem.

City Council to hold regular meetings.

Powers of City Council.

To institute suit.

To levy a tax.

shall by them be determined upon as proper and adequate. The powers and duties of the Chief of Police and Chief of Police as ex officio Chief of the Fire Department may be more fully defined and provided for by such ordinances of the Council, and shall not be inconsistent with the provisions of this charter, and he shall receive as full compensation for all services, a salary not to exceed the sum of two thousand dollars per annum.

      Sec. 13.  The City Council may, in the exercise of its sound discretion, segregate the office of Chief of Police from that of Chief of the Fire Department, in which case the salary and the duties of the Chief of the Fire Department shall be fixed and fully defined and provided for by ordinances of the Council.

      Sec. 14.  The Mayor shall, in addition to the duties hereinbefore provided for, perform such other duties, as the Council shall prescribe. The Council shall as soon as practicable after its organization, proceed to elect one of its number a Mayor pro tem. In case of the absence of the Mayor or his inability to act, or where a vacancy occurs in the office of Mayor, the Mayor pro tem. shall preside at the meetings of the Council in the same manner and with the like effect as the Mayor, and he shall have all the powers and duties of Mayor, with the like salary for such period except in cases of temporary absence of the Mayor for a period not to exceed two months, in which case no charge shall be made in respect to salary; provided, that the restrictions upon the right of the Mayor to vote shall not apply to the Mayor pro tem. while acting as presiding officer of the Council.

      Sec. 15.  The City Council shall hold regular meetings on the second and fourth Mondays of each and every 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. Special meetings may also be held upon a call of the Mayor, or by a majority of the members of the Council; provided, that no contract shall be made, obligation incurred or claim allowed at any special meetings; and provided further, that nothing herein shall be so construed as to prevent the temporary appointment or election of a Chief of Police of the Fire Department, should a vacancy occur through removal, resignation, death or otherwise.

      Sec. 16.  The City Council shall have power:

      First-To institute and maintain any suit or suits of the city in the proper courts, whenever necessary in their judgment, to enforce or maintain any right of the city, and they in like manner, at their sound discretion, may defend all actions against the city.

      Second-They shall annually levy a tax of not less than one-quarter of one per cent, nor exceeding two per cent, upon the assessed value of all real or personal property in the city, and made taxable by law for State and county purposes.

city, and made taxable by law for State and county purposes.

      Third-To lay out, extend and alter the streets and alleys in the city, and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same, also to provide for the improvement and preservation of the city parks; for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of the city; provided, that said Council may, in its discretion, assess the cost, or a portion thereof, of improving any street or building or repairing a sidewalk to the owner of the property in front of which said street or sidewalk, or proposed sidewalk, may be, and make such costs of improvement, repair or building a lien upon such property.

      Fourth-To provide for the prevention and extinguishing of fires, appoint a Chief of the Fire Department, and to organize, regulate, establish and disband fire or hose companies in the city.

      Fifth-To regulate or prohibit the storage of gunpowder and other explosives or combustible materials within the city.

      Sixth-To determine what shall be deemed nuisances, and provide for the punishment, prevention and removal of the same.

      Seventh-To provide for safeguarding the health of the city. For this purpose they may appoint a City Board of Health, and shall prescribe its powers and duties.

      Eighth-To fix and regulate a license upon, and regulate all characters of business conducted within the corporate limits of the City of Tonopah, including all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys and all exhibitions and amusements, and regulate and collect a license tax upon, and regulate all taverns, hotels, restaurants, eating houses, boarding houses, lodging houses, bankers, brokers, manufacturies, livery stables, express companies, railroads and stage companies; to license, tax and regulate auctioneers and stock brokers; to license and regulate all hawkers and peddlers (except those dealing in the agricultural products of this State), pawn shops, refreshment and coffee stands, booths and sheds; to license, regulate, prohibit or prescribe the location of saloons or bar rooms, houses of ill-fame, hurdy gurdy houses or dance houses or houses having special attractions, such as music; to levy 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 be paid; to prevent all other animals from running at large in said city.

      Ninth-To provide for the issuance of all licenses in this charter specified or permitted to be issued, and to fix the amount thereof and the times for which, and the terms upon which, the same shall be issued.

To improve streets, sewers, bridges, etc.

Organize fire department.

Regulate storage of explosives.

Nuisances.

City Board of Health.

To regulate licenses.

To provide time and terms of licenses.

Restrain disorderly conduct.

To dispose of property after appraisement.

To adopt and pass all ordinances, etc.

To appoint an engineer, his duties and compensation.

To purchase real estate.

Franchises.

Disposition of taxes, fines, etc.

To be placed in Tonopah General Fund.

      Tenth-To punish, restrain and prevent any disorderly conduct within the city.

      Eleventh-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 belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, 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.

      Twelfth-To adopt and pass all ordinances, resolutions, rules and orders, and to do and perform any and all other Acts and things necessary for the execution of the powers and jurisdiction conferred by this charter, or which may be necessary to fully carry out the purposes and intent thereof; and to protect and conserve the property and property rights and promote and enhance the welfare and safety of the inhabitants of said city; and to audit and allow all claims properly payable out of the treasury of the city; provided, 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.

      Thirteenth-To select, appoint, and employ an engineer, from time to time, whenever in the judgment of the Council it shall be deemed necessary, required or expedient, for the purpose of supervising and directing any public work, the salary or compensation, duties and responsibilities of such engineer to be fixed and determined and fully defined by ordinance.

      Fourteenth-To purchase and acquire real and personal property necessary to the use of the city.

      Fifteenth-To grant franchise for the use of the streets, alleys and public property for private use, and to prohibit or protect such use.

      Sec. 17.  All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter, or of any valid ordinance of the city, shall be paid by the officer or person collecting or receiving the same to the City Treasurer, who shall keep an accurate account thereof and give itemized receipts therefor, in duplicate, one of which shall be given by him immediately to the City Clerk for the more perfect keeping of his accounts, and for the information and guidance of the City Council; and the other shall be given to the officer or person so paying in such money. All such money shall be placed by the City Treasurer in a fund to be known as the Tonopah General Fund; and shall be so kept, except as paid out upon proper warrants; provided, the City Council may at their sound discretion, set apart any surplus moneys in said fund to be kept by said Treasurer in a fund which shall be known as the Tonopah Redemption Fund, which shall be used to pay principal and interest on any outstanding bonds that may be issued under the provisions of this charter; provided further, that the amount of moneys so ordered to be transferred shall in no instance exceed one-half of the moneys in the Tonopah General Fund, at the date of such transfer, unless an existing statute otherwise provides.

pay principal and interest on any outstanding bonds that may be issued under the provisions of this charter; provided further, that the amount of moneys so ordered to be transferred shall in no instance exceed one-half of the moneys in the Tonopah General Fund, at the date of such transfer, unless an existing statute otherwise provides.

      Sec. 18.  The fees, salaries or other compensation of the officers hereinbefore provided for, shall be regulated by regularly enacted ordinances All claims for fees, salaries, or expenses necessarily and properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this charter, and all claims against the city, wherever the nature of such claims will permit, shall be presented to and acted upon by the City Council at the first regular meeting of each and every month, and the Council shall consider and allow or reject the same in the order as presented to the Clerk of the Board, and the record of this action shall be entered upon their journal. Upon allowance in whole or in part of any claim, by the majority of the Council, the City Clerk shall draw a warrant upon the Treasurer for the amount so allowed, and shall state in the same, in general terms, the nature of the claim, and the City Treasurer shall pay the same. On paying any warrant the City 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 sufficient voucher for the Treasurer as to the amount so paid, in his official settlement with the City Council, which shall take place annually on the third Monday in December of each year. The Mayor of the city, or some member of the City Council appointed by the Mayor, shall, once in every three months, examine the books and vouchers of the City Treasurer, concerning the state of the finances and moneys in the hands of such Treasurer, and thereupon, the Mayor, or the member of the City Council appointed as hereinbefore provided, shall report the result to the City Council at the next regular meeting thereof, which report shall be spread in full upon the journal.

      Sec. 19.  The holder of any demand or claim mentioned above, which has been rejected in whole or in part, may, within six months after the date of such rejection, commence an action in any Court of competent jurisdiction for the amount of the claim or the portion rejected, as the case may be, and, if not so commenced, such claim, together with the right of action thereon, shall be forever barred. The action shall be against the city, and the service of summons shall be made upon the Mayor. In case of a final recovery of judgment by plaintiff, the City Council shall allow the amount thereof with costs taxed, which judgment, with such costs, shall be paid in the order of such allowance.

      Sec. 20.  All officers of the city, as provided in this charter, except the Councilmen and the Mayor, shall be accountable and liable upon their official bonds as officers, but it shall nevertheless be the duty of the Council to provide for the accountability of all officers and employees constituted by or appointed under the provisions of this charter, by requiring of them sufficient security, or additional security, as may be necessary or proper for the faithful and honest performance of the duties of their respective offices.

Fees, salaries, etc., how regulated and acted upon by City Council.

Duties of City Clerk and Treasurer.

Cancellation of warrant.

Books examined every three months.

Holder of rejected claim may commence suit.

Costs, etc.

Liability of officers.

Officers to furnish bonds.

Duties defined by ordinance.

Property levied upon for taxes, how sold.

Corporate seal and duties of City Clerk relative thereto.

Licenses, how issued.

ter, except the Councilmen and the Mayor, shall be accountable and liable upon their official bonds as officers, but it shall nevertheless be the duty of the Council to provide for the accountability of all officers and employees constituted by or appointed under the provisions of this charter, by requiring of them sufficient security, or additional security, as may be necessary or proper for the faithful and honest performance of the duties of their respective offices. In case any such appointed officer or employee shall neglect or refuse to give the required security, or shall fail, neglect or refuse to perform the duties imposed upon him by virtue of the provisions of this charter or any ordinance of the City Council, the City Council may declare such office vacant and proceed to appoint some other person to such office or employment, as the case may be. The duties of all persons appointed to office or employment by the City Council under the provisions of this charter, shall be defined by ordinance, when necessary, and any person so appointed shall serve at the discretion of the Council.

      Sec. 21.  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 includes the city taxes.

      Sec. 22.  The City Council shall provide for a corporate seal which shall be kept by the City Clerk, who shall also keep all books and shall file and keep all papers belonging to the city, under the proper heads; attend all meetings of the City Council and keep an accurate journal of their proceedings, including a record of all ordinances, by-laws and resolutions passed or adopted by them, which journal, after approval at each meeting shall be signed by the Mayor and attested under the hand of the City Clerk. The City Clerk shall sign all warrants issued, and affix the corporate seal thereto. He shall number and countersign all licenses and likewise affix the corporate seal thereto. All licenses shall be printed in form, showing on their face the class of license, with marginal stubs attached, and stitched together in books, each book containing an equal number of one class only. All licenses issued shall be signed by the Mayor. The City Clerk shall be custodian of the blank licenses, and shall deliver them from time to time, in such numbers as the Council shall direct, to the Chief of Police, who shall collect the same, charging the Chief of Police therewith, at their face or representative value, and giving him credit at the same rate for as many thereof only as he shall return to the City Clerk at the time of the settlement of his account. The City Clerk shall also keep an accurate account of all warrants and orders drawn upon the City Treasurer, in such manner as the Council can, at any time, ascertain the actual outstanding indebtedness, and shall perform such other duties as may be required by the City Council. Upon the passage of ordinances, or any resolution appropriating money, abolishing licenses or increasing or decreasing the rate of licenses, the yeas and nays shall be called, and the Clerk shall enter the same, and the vote of each member of the Council, as well as the Mayor’s veto in case of a tie, on the journal.

of ordinances, or any resolution appropriating money, abolishing licenses or increasing or decreasing the rate of licenses, the yeas and nays shall be called, and the Clerk shall enter the same, and the vote of each member of the Council, as well as the Mayor’s veto in case of a tie, on the journal.

      Sec. 23.  The style of all ordinances shall be as follows: “The City Council of the City of Tonopah do ordain,” and all proposed ordinances, when first proposed at any regular meeting, shall be read aloud in full to the members of the Council, and then laid over until the next regular meeting for adoption or rejection. All ordinances shall be published in such manner as the Council may prescribe, for the period of one week before the same shall go into effect.

      Sec. 24.  All county officers, acting ex officio as officers of the city, may act as city officers through their regularly appointed deputies when authorized by law to appoint such deputies, and such officers shall be liable for the acts of such deputies, as in other cases. The Council may provide by ordinance for one or more deputies for the City Clerk.

      Sec. 25.  Civil actions may be brought by the city in any Court of competent jurisdiction, and actions for violations of any ordinance of the city may be brought before the Police Judge, and fines imposed by the Police Judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the county jail of Nye county or in the city jail at the rate not exceeding one day for every two dollars of such fine and costs; or said Police Judge may, at his discretion, adjudge and enter upon his docket, an order that such offender shall work on the streets or public works, at the rate of two dollars for each day, which shall apply on such fine, until the same be so exhausted or otherwise satisfied. Appeal may be taken from such judgment as in cases of appeal from Justice’s Court in criminal cases.

      Sec. 26.  If any officer shall remove from the city, or absent himself therefrom, more than thirty days, without leave of the City Council, his office shall be declared vacant, and the vacancy filled by appointment as provided in this charter.

      Sec. 27.  No debts shall be created directly or indirectly against the city, nor shall any contract for supplies of water, gas, electric light, or any other supplies for the city, or any other contract whatever, made by or on behalf of the city, be of any validity for any period exceeding one year, except as otherwise provided in this charter.

      Sec. 28.  No officer of the city government herein provided for shall be directly or indirectly interested in any contract with the city, or with any of the officers thereof, in their official capacity, or in doing any work or furnishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or material furnished in which any such officer is interested shall be void, and if audited and allowed, shall not be paid by the Treasurer.

Relative to passage of city ordinances.

Style of ordinances.

Ordinances to be published.

County officers may act as ex officio officers through deputies.

Civil actions may be brought, how and when.

Appeal from judgment.

Officer absent 30 days without leave forfeits office.

Contracts for more than one year null and void.

No officer of civil government to be interested in contract, etc.

Board of County Commissioners to apportion General Road Fund.

Board of County Commissioners to issue proclamation for an election.

Proclamation to be published for at least three weeks.

What to contain.

Candidates to file names, where and when.

Duties of County Clerk.

Officers of election to make return.

supplies or material furnished in which any such officer is interested shall be void, and if audited and allowed, shall not be paid by the Treasurer. Any wilful violation of the provisions of this section shall be ground for removal from office, and shall be deemed a misdemeanor and punished as such.

      Sec. 29.  The Board of County Commissioners of Nye county shall, from time to time, upon the request of the City Council, apportion to the City of Tonopah such proportion of the General Road Fund of the county of Nye, as the value of the whole property within the corporate limits of the City of Tonopah, as shown by the assessment roll, shall bear to the whole property of said county, inclusive of the property within the limits of said City of Tonopah, and all such moneys so apportioned shall be expended upon the streets, alleys and other public highways of the City of Tonopah, under the direction and control of the City Council.

      Sec. 30.  It shall be the duty of the Board of County Commissioners of Nye county upon petition by a majority of the taxpayers within the corporate limits of Tonopah, as shown by the records of the Assessor’s and Treasurer’s offices, to issue a proclamation for an election within the limits defined in this charter as the limits of the City of Tonopah, to be held within thirty days thereafter, at which election all the qualified electors residing within the limits of the City of Tonopah as hereinbefore prescribed, as shown by the register of voters for the last preceding general election, shall have the right to vote for the election of one Mayor, five Councilmen, one City Attorney, one Police Judge, one City Treasurer, and also to vote for or against the adoption of this charter. The said proclamation shall be published in a newspaper in said City of Tonopah for at least three weeks prior to the date of said election, and printed copies of such proclamation shall be posted in three conspicuous and public places in the City of Tonopah. Said proclamation shall set forth the purpose of said 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. All provisions of law relating to general elections so far as the same are applicable or not inconsistent with the provisions of this section, shall be observed in the conduct of such election. Candidates for the office of Mayor, Councilman, City Treasurer, City Attorney, and Police Judge, to be voted for at such election, shall file their names with the County Clerk of Nye county at least ten days before the date of such election. The County Clerk of Nye county shall cause to be printed a sufficient number of ballots for said election, upon which shall appear the names of the candidates for the offices above specified, also the words “For Adoption of the Charter”-“Against Adoption of the Charter.” The officers of election shall make return to the Board of County Commissioners of Nye county, and the said Board of County Commissioners shall, within five days thereafter, meet and canvass said vote, and shall enter upon their minutes the result of such canvass.

said Board of County Commissioners shall, within five days thereafter, meet and canvass said vote, and shall enter upon their minutes the result of such canvass. They shall first canvass the vote for and against the adoption of the charter. If from such canvass they find that a majority of the electors have voted against the adoption of this charter, then they shall declare this charter rejected, and the offices to be filled at said election dissolved. If at said election and canvass they find that a majority of said votes have been cast in favor of the adoption of this charter, then they shall proceed to canvass the votes cast for the various offices under this charter, and proclaim as follows: Said Board of County Commissioners shall cause a certificate of election to issue to the person receiving the highest number of votes for Mayor. The five candidates for Councilmen receiving the highest number of votes for said office in such City of Tonopah, shall be declared elected to the office of Councilmen for the City of Tonopah by the Board of County Commissioners of Nye county, who shall thereupon cause a certificate of election to be issued to such persons.

      Sec. 31.  The persons receiving the highest number of votes for the offices of City Treasurer, City Attorney, and Police Judge, shall in like manner be declared elected to their respective offices, and a certificate of election issued to them by order of the Board of County Commissioners.

      Sec. 32.  The Mayor, Councilmen, City Treasurer, City Attorney, and Police Judge, so elected as hereinbefore prescribed, shall within thirty days after their election qualify and enter upon the discharge of the duties of the respective offices. All expenses of holding such election shall be paid out of the General Fund of the City of Tonopah.

      Sec. 33.  In case of a vacancy or vacancies in the Board of Councilmen, caused by death, resignation or otherwise, the remaining members of said Board of Councilmen shall have the authority to fill such vacancies.

      Sec. 34.  The City Treasurer shall perform such other duties pertaining to his office as may be required by ordinance, and shall give such bond from time to time, as the City Council may require.

      Sec. 35.  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. 36.  Special elections must be held for the purpose of voting bonds or creating any city or municipal indebtedness, but no election for such purposes shall be held unless the Council shall have first passed a resolution to that effect, which resolution shall set forth fully and in detail, the purpose or purposes of the proposed bonds or indebtedness, the amount, time and terms of the proposed bonds or indebtedness, or the applicant for, the character of, time, terms, conditions of the proposed franchise, as the case may be, which resolution shall be published in full in some newspaper in the city, to be selected by the Council, for the period of at least four weeks prior to the time of taking a vote thereon at such special election.

Canvass of vote.

To issue certificate of election to whom.

Certificate issued to whom.

Officers to enter upon duties, when.

Expenses of election, how paid.

Vacancies, how filled.

Duties of City Treasurer.

Contested election, how determined.

Special elections, how and when held.

Further duties of City Council and City Clerk concerning special elections.

Only taxpayers permitted to vote.

Majority vote necessary.

Removal of appointive officers.

Officer guilty of misconduct, how proceeded against.

This Act a public Act.

Construction of word “Charter.”

City Council, further power as to annual election.

City Council to levy tax.

Act, when to take effect.

resolution shall be published in full in some newspaper in the city, to be selected by the Council, for the period of at least four weeks prior to the time of taking a vote thereon at such special election. Such election shall be held and conducted as nearly as practicable, in the same manner as elections for city officers. The City Council shall in due time make provision for holding the same; and the City Clerk shall prepare and provide, at the expense of the city, suitable printed stationery for use as ballots so as to fully carry out the intent and purposes of such election. The City Council shall appoint suitable and competent persons to act as Inspectors of such election, and shall do all other things necessary or required to be done to carry out the provisions hereof; provided, that no person not a taxpayer and realty owner and qualified elector within the corporate limits of the city shall be qualified to vote at any such special election; and provided further, that no such resolution shall be declared carried or be effective or valid for any purpose whatsoever, unless the same shall receive a majority of all the voters voting thereon.

      Sec. 37.  Any and all appointive officers, appointed under the provisions hereof, may be removed at any time by a vote, at discretion of a majority of the whole Council, and the Mayor may suspend any such officer until the Council acts upon and disposes of the charges preferred against such officer.

      Sec. 38.  Any wilful misconduct in office, or any wilful violation of any of the provisions of this charter, 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, under and in the same manner as prescribed by the laws of the State of Nevada relating to proceedings and prosecutions against district, county or township officers for misconduct in office.

      Sec. 39.  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. 40.  The word “Charter” wherever the same appears herein is intended to and does mean, and shall be construed to be the same as, and synonymous with the word “Act.”

      Sec. 41.  The City Council in addition to the powers hereinbefore granted shall have the authority to call and provide for the holding and conduct of the annual municipal election.

      Sec. 42.  And in addition to the powers hereinbefore granted, the City Council shall have the authority to assess, levy and collect taxes upon all real and personal property within the city limits.

      Sec. 43.  This Act except as to such parts thereof as are necessarily precedent to an election shall not take effect or become law until after its adoption and ratification by a majority of the taxpayers within said corporate limits at an election called and held for that purpose.

majority of the taxpayers within said corporate limits at an election called and held for that purpose.

      Sec. 44.  All Acts and parts of Acts in conflict with or inconsistent with the provisions of this Act are hereby repealed.

Repealing clause.

Chap. XC.–An Act for the protection of owners of inclosed property, and to prevent hunting or shooting within enclosures.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person to shoot or discharge firearms or to hunt upon or within any inclosed grounds which are private property, and where signs are displayed forbidding such hunting or shooting, without permission obtained from the owner, or person in the possession of such inclosed ground.

      Sec. 2.  It shall be unlawful for any person to maliciously tear down, mutilate or destroy any sign, sign-board, or other notice forbidding hunting or shooting within inclosure.

      Sec. 3.  Any person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine in a sum not less than fifty ($50) dollars, nor more than two hundred ($200) dollars, for each and every offense, or by imprisonment in the county jail of the county in which said conviction is had, for any term not exceeding six (6) months or by both such fine and imprisonment; and in addition to the costs now allowed by law, on criminal prosecution, twenty-five ($25) dollars liquidated damages shall be entered up as costs against each defendant, and collected in the manner now provided by law for the collection of costs in civil actions; which said sum of twenty-five ($25) dollars shall be paid to the party instrumental in securing the arrest and conviction of the defendant.

Unlawful to hunt on enclosed grounds without permission of owner.

Unlawful to destroy signs, etc.

Misdemeanor.

Penalty.

Reward to person instrumental in securing arrest and conviction of offender.

Chap. XCI.–An Act providing for the appointment of a Deputy Sheriff of Washoe County, and fixing and regulating his compensation.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  The Sheriff of Washoe county is hereby authorized to appoint a deputy to be known as Chief Deputy Sheriff, and for the duties of said office, said Chief Deputy Sheriff shall receive the sum of eight hundred and forty dollars per annum as full compensation therefor.

Sheriff of Washoe county to appoint deputy.

Compensation.

Date of effect of Act.

shall receive the sum of eight hundred and forty dollars per annum as full compensation therefor.

      Sec. 2.  This Act shall take effect upon its approval.

Water supply for Capitol grounds and Orphans’ Home.

Board to await opinion of Attorney-General as to legality of title.

Appropriation.

Chap. XCII.–An Act to secure a better water supply for the Capitol and Orphans’ Home.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  The State Board of Capitol Commissioners are hereby authorized to secure additional water supply for the use of the Capitol grounds and the State Orphans’ Home.

      Sec. 2.  The Board is empowered to purchase said water or land carrying with it a good title and shall not purchase said property until the Attorney-General has examined the title and found it without flaw. The Board shall diligently examine any sources of supply for sale and engage a competent person to investigate the flow of water and all conditions incidental to said water supply.

      Sec. 3.  The sum of six thousand ($6,000) dollars is hereby appropriated out of any money in the General Fund, not otherwise appropriated, to carry out the provisions of this Act.

Misdemeanor to sell certain kinds of wood.

To protect water supply of State.

Penalty.

Chap. XCIII.–An Act to preserve young forest trees.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  It shall be a misdemeanor to sell or offer for sale any live or growing wood obtained from any common, white, yellow, or sugar pine tree, or any fir, tamarack, spruce, or flat-leaved cedar tree less than one foot in diameter two feet from the ground.

      Sec. 2.  The object of this Act is to protect the second or later growth of wood and timber on lands in this State, and it shall be [so] construed, in order that the natural water supply of the State may be preserved and its young forests saved from wanton destruction.

      Sec. 3.  Any person convicted of the violation of any provision of this Act shall be punished by a fine of not to exceed five hundred dollars ($500), or imprisonment in the county jail for a period of not to exceed six months, or by both such fine and imprisonment.

Chap. XCIV.–An Act regulating the transportation of live stock between points situated in this State.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  No railroad company engaged in the transportation of cattle, sheep, swine, or other animals between points situated within this State, shall confine the same in cars or other vehicles of any description, for a longer period than thirty-six consecutive hours, without unloading the same for rest, water and feeding, for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes, it being the intent of this section to prohibit their continuous confinement beyond the period of thirty-six hours, except upon contingencies hereinbefore stated.

      Sec. 2.  Animals so unloaded shall be properly fed and watered during such rest by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad company transporting the same, at the expense of the owner or person in custody thereof; and such company shall, in such case, have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals.

      Sec. 3.  Any company, owner or custodian of such animals who knowingly and willingly fails to comply with the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any Court of competent jurisdiction shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than sixty days, nor more than six months, or by both such fine and imprisonment.

      Sec. 4.  This Act shall take effect from and after its approval.

Unlawful to confine stock longer than 36 hours.

Animals to be watered and fed, etc.

Penalty for violation of Act.

Chap. XCV.–An Act to reimburse former Battery A for money belonging to Battery A and spent for State purposes.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  The sum of ninety dollars ($90) is hereby appropriated out of the General Fund, from any moneys not otherwise appropriated, to pay the claim of an organization formerly known as Battery A, National Guard of Nevada, for money taken from a sum of two hundred and forty dollars ($240) belonging to said Battery A, and held by and in the care of the Adjutant-General of the State of Nevada about the time of the disbanding of said Battery A, said sum having been spent for State purposes.

Relief of Battery A.

Duties of State Controller and Treasurer.

care of the Adjutant-General of the State of Nevada about the time of the disbanding of said Battery A, said sum having been spent for State purposes.

      Sec. 2.  The State Controller is hereby authorized and instructed to draw his warrant in favor of Ferdinand Beck of Virginia City, Storey county, Nevada, ex-Treasurer of Battery A and authorized representative of the organization formerly known as Battery A, for the sum of ninety dollars ($90), and the State Treasurer is hereby directed to pay the same.

Preamble.

Conditions of appropriation.

Repealing clause.

Chap. XCVI.–An Act concerning appropriations for the support of the State Agricultural Society, and also concerning the disposition of all money otherwise received by said Society.

[Approved March 16, 1903.]

      Whereas, The present system of conducting the State Agricultural Society is very unsatisfactory, owing to the uncertainty of success attending the State Fair; and

      Whereas, It is highly desirable that this Society be put upon the same definite basis as other State institutions; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  Whenever the State Legislature shall make appropriation for the support of the said Agricultural Society, the sum so appropriated shall be the only money to be expended by the said Society during the ensuing two years; and all money received by said Society as gate receipts or from other sources shall be turned into the State Treasury; provided, that should no appropriation be made, then in that case the Society shall not for the ensuing two years be required to deposit gate receipts or money received from other sources in the State Treasury, as herein provided.

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

Portrait of ex-Governor Reinhold Sadler.

Chap. XCVII.–An Act to provide for procuring a portrait of ex-Governor Reinhold Sadler.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  The sum of five hundred dollars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, for the purchase of a framed portrait of ex-Governor Reinhold Sadler, to be painted in oil colors artistically, after the style and manner of the other portraits of ex-Governors now in the Governor’s office, and to be uniform in size therewith.

artistically, after the style and manner of the other portraits of ex-Governors now in the Governor’s office, and to be uniform in size therewith.

      Sec. 2.  Upon delivery of said portrait to the Secretary of State, and its acceptance by the Board of Examiners, the State Controller is hereby directed to draw his warrant in favor of the person named, for the sum of five hundred dollars, and the State Treasurer is hereby directed to pay the same.

      Sec. 3.  The Board of Examiners shall procure the portrait provided for in this Act, of some photographer or artist resident of this State.

Duties of State Controller and Board of Examiners.

Artist to be resident of Nevada.

Chap. XCVIII.–An Act to amend Section 4 of an Act entitled “An Act to prevent the unlawful destruction of fish and game; to provide for the appointment of Fish and Game Wardens in the several counties of this State, and to define their duties and compensation,” approved March 12, 1901.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of said Act is hereby amended so as to read as follows:

      Section 4.  The salary of said Fish and Game Wardens shall be fixed by the County Commissioners of the various counties of this State and paid out of the General Funds of their respective counties; provided, that the salary of such Fish and Game Wardens shall not exceed $20 per month.

Salary of Wardens, how fixed.

Chap. XCIX.–An Act relating to the issuing and effect of patents for State lands.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  In case of the death of the applicant for any State lands, upon payment and compliance with the law by his heirs, devisees or assignees, patents for such lands shall issue in pursuance of any statute of this State in his name the same as if he were living, without requiring any order of Court, and when so issued the title to the lands designated in these patents, and the title to lands embraced in any patent heretofore issued after the death of the applicant, shall inure to, and become vested in, the heirs, devisees or assignees of the deceased patentee as if the patent had issued to the deceased person during life.

Representatives of applicant for State lands to have benefit of application.

Duty of Board of County Commissioners.

Right to vote.

Proclamation of election to be published.

What to contain.

Provisions of general election law, when applicable.

Candidates to file names with County Clerk, when.

Chap. C.–An Act requiring the Board of County Commissioners of the County of Washoe to issue a proclamation for and cause to be held a special election in the Town of Reno, and other matters pertaining thereto.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  It shall be the duty of the Board of County Commissioners of Washoe county, on or before the first Tuesday in April, 1903, to issue a proclamation for an election to be held within the limits of the City of Reno; said election to be held within thirty days thereafter. All qualified electors residing within the corporate limits of the City of Reno, as shown by the register of voters for the last preceding general election, shall have the right to vote at such election. Said proclamation shall call for the election of one Mayor, to be elected by the voters at large of said city; five Councilmen, to wit, one from each of the five wards of the City of Reno, to be voted for and elected by the qualified electors of the ward to be represented by such Councilman, one City Clerk, and one City Attorney, each to be elected by the qualified voters at large of said city.

      Sec. 2.  The said Board shall cause the said proclamation to be published in some newspaper in the said City of Reno, for the period of at least three weeks prior to the date of said election, and printed copies of such proclamation shall be posted in one conspicuous and public place in each ward of said city. Said proclamation shall fully set forth the purposes of said election, and any and all other or further matters, necessary or required to fully and fairly apprise the electors of said city of the date, time and place of holding such election, the purposes thereof, the conditions under which the same is held, the names of the Inspectors of such election, and such other matters as may be deemed proper in the premises.

      Sec. 3.  All provisions of law relating to general elections, so far as the same are or can be made applicable, and not inconsistent with the provisions of this Act, shall apply to and be observed in the proclamation calling for and the conduct of such election hereinbefore provided for, as well as applied to and observed in the appointment of Inspectors, making and canvassing the returns of said election.

      Sec. 4.  No candidate for office at such election shall be entitled to have his name placed upon the official ballots unless such candidate, to wit, the candidates for the offices of Mayor, Councilmen, City Clerk, and City Attorney, shall file their names with the County Clerk of Washoe county, at least ten days before the date of such election.

      Sec. 5.  The said Board of County Commissioners shall authorize and direct the County Clerk of said county to cause to be printed a sufficient number of ballots for said election, upon which shall appear the names of the candidates for the offices above specified.

authorize and direct the County Clerk of said county to cause to be printed a sufficient number of ballots for said election, upon which shall appear the names of the candidates for the offices above specified. The officers of such election shall make return to the said Board of County Commissioners, who shall, within five days thereafter, meet and canvass said vote and shall cause to be entered upon their minutes, the result of such canvass, and said Board shall cause a certificate of election to be issued to the persons receiving the highest number of votes, respectively, for the office of Mayor, City Clerk, and City Attorney. The candidate for Councilman from any ward of said city, receiving the highest number of votes for said office in such ward, shall be declared elected to the office of Councilman from such ward by the said Board, who shall thereupon cause a certificate of election to be issued to such person.

      Sec. 6.  The Board of County Commissioners shall do and perform any, every and all other and further acts or things which may be necessary or required, to fully carry out and effectuate the purposes of such election and which may not be specifically provided for herein. The said Board shall cause all the expenses of printing and publishing the said proclamation and of holding such election to be paid out of the General Fund of the Town of Reno.

      Sec. 7.  All Acts and parts of Acts inconsistent or in conflict with the provisions of this Act are hereby repealed.

Ballots to be printed.

Election officers to make return

Expenses, how paid.

Repealing clause.

Chap. CI.–An Act to authorize the Board of County Commissioners of Lyon County to issue bonds for the purpose of providing a fund to pay the bonded indebtedness of said county.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  In order to refund the indebtedness of Lyon county, for which bonds are now issued and at present outstanding under the Act approved March 10, 1897, entitled “An Act to provide for the issuance of bonds by the County of Lyon, in order to provide for the payment of twenty thousand dollars of the bonds of said county, heretofore issued and now outstanding,” the Board of County Commissioners of said Lyon county are hereby authorized and empowered to prepare and issue bonds of said county, to the amount of not exceeding fourteen thousand dollars, in the manner and form hereinafter specified, for the purpose of providing funds for the payment of the said bonded indebtedness, or so much thereof as may remain unpaid when the bonds herein provided for shall have been issued and sold.

      Sec. 2.  The Board of County Commissioners of said Lyon county shall cause said bonds to be prepared, and they shall be signed by the Chairman of the said Board of County Commissioners, and countersigned by the County Treasurer, and authenticated by the seal of the county.

Board of County Commissioners to issue bonds, when and how.

Bonds, how prepared and signed.

Coupons.

Clerk of Board to keep record.

Board to negotiate sale of bonds, how and when.

Amount of bonds and interest.

Period of existence.

Fund for payment of bonds, how created.

Tax levied.

Redemption and Interest Fund of Lyon county.

county shall cause said bonds to be prepared, and they shall be signed by the Chairman of the said Board of County Commissioners, and countersigned by the County Treasurer, and authenticated by the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and coupons consecutively numbered shall be signed by the Chairman of the Board of County Commissioners and the County Treasurer.

      Sec. 3.  The Clerk of the Board of County Commissioners of said county shall keep a record of all proceedings under the provisions of this Act, showing the number, date and amount of each, and to whom issued.

      Sec. 4.  The Board of County Commissioners of said Lyon county are hereby authorized and empowered to negotiate the sale of said bonds, or exchange the same for an equal number and amount of the outstanding bonds of Lyon county, either by advertising for sealed proposals for the sale of the same, or to exchange the old bonds for the new, or otherwise, as they may deem proper; the proceeds from the sale of said bonds shall be applied to the payment of the bonds then outstanding, heretofore specified; provided, that none of the bonds, the issuance of which is herein provided for, shall be disposed of for less than their par value, or exchanged for the outstanding bonds for a less amount than is specified in the bonds hereby authorized to be issued under the provisions of this Act, and that all sales of said bonds shall be made for gold coin of the United States of America, and the interest thereon shall be payable in such gold coin.

      Sec. 5.  Said bonds shall be in the sum of five hundred dollars each, and the interest on the same shall not exceed more than four and one-half (4 1/2) per cent per annum, payable annually, namely, on the first Monday of December of each year at the office of the County Treasurer of said Lyon county, and in no case shall any of said bonds, issued by virtue of this Act, run a longer period than twenty (20) years.

      Sec. 6.  For the purpose of creating a fund for the payment of the bonds authorized by this Act, and the interest thereon, the Board of County Commissioners of Lyon county are hereby authorized and required to levy and collect annually a special tax of not exceeding fifty (50) cents upon each one hundred dollars of the assessed value of all property, real and personal, including the proceeds of mines and mining claims, within the boundaries of said Lyon county, until such bonds and the interest thereon shall have been fully paid. Such tax shall be levied and collected in the same manner, and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer of Lyon county in a special fund to be known as the “Redemption and Interest Fund of Lyon County.”

      Sec. 7.  Whenever, on the first Monday of December, nineteen hundred and three (1903), and any year thereafter, after the payment of the interest then accrued on said bonds, there shall remain a surplus in said Redemption and Interest Fund of five hundred dollars or upwards, the County Treasurer of said Lyon county shall proceed to advertise for not less than three weeks consecutively, in a newspaper published within said Lyon county, said newspaper to be designated by said Board of County Commissioners, a notice inviting proposals for the surrender of the bonds provided for by this Act. Such advertisement shall state the time and place for receiving such bids; the amount of money on hand applicable to the redemption of said bonds, and that no bid will be received at a rate exceeding the par value thereof. The County Treasurer, together with the Board of County Commissioners of said county, shall proceed to open and consider such proposals at the time and place specified in such advertisement, and shall accept such proposals, at a rate not exceeding the par value, as may redeem the greatest amount of bonds, until the amount of money on hand is exhausted; provided, that in case more bonds are offered for redemption than can be paid for, by the money in the said fund, said County Treasurer and said Board of County Commissioners shall determine by lot which of said bonds so offered shall be paid first; and provided further, that in case any bonds shall be offered at a discount, the lowest bids shall be accepted, and in case, on the day named for reception of proposals, no bids for the surrender of bonds have been filed with the County Treasurer, or there be remaining in the Redemption and Interest Fund, after redeeming all bonds offered for redemption, a sufficient amount of money to redeem additional bonds, the County Treasurer and Board of County Commissioners shall determine by lot which of said bonds shall be redeemed, and the County Treasurer shall then give notice by publication in a newspaper, as hereinbefore provided in this section, that the bonds specified in said notice, if not presented for payment, shall cease to bear interest from and after twenty (20) days from the first publication of said notice.

      Sec. 8.  Whenever the bonds and interest provided for in this Act shall have been fully paid, the tax authorized by this Act shall cease and all moneys remaining in said Redemption and Interest Fund shall, by order of said Board of County Commissioners, be transferred to the General Fund of said Lyon county.

      Sec. 9.  Whenever the County Treasurer shall pay any coupons or bonds issued under the provisions of this Act, he shall cancel the same, by writing across the face thereof the words “Paid and Canceled,” signing his name thereto, together with the date of such payment, and turn the same over to the County Auditor of Lyon county, taking his receipt therefor, which receipt shall be filed with the Board of County Commissioners, and the said County Auditor shall credit the said County Treasurer on his books with the amounts so paid on coupons or bonds.

Surplus in Fund to be disposed of, how.

Advertising for reception of bids for surrender of bonds.

Bonds offered for redemption, how selected.

Lowest bids to be accepted.

Cessation of interest, when

Tax, when to cease.

Coupons and bonds when paid to be canceled.

Faith of State pledged.

therefor, which receipt shall be filed with the Board of County Commissioners, and the said County Auditor shall credit the said County Treasurer on his books with the amounts so paid on coupons or bonds.

      Sec. 10.  The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor the taxation thereby imposed omitted, until the bonds and coupons issued under and by virtue thereof shall have been paid in full.

Incorporating the City of Reno.

Boundaries and wards.

Chap. CII.–An Act to incorporate the Town of Reno, and to establish a city government therefor.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  That on and after the passage of this Act, and for the purposes hereinafter mentioned, the inhabitants of that portion of Washoe county, State of Nevada, embraced within the limits hereinafter set forth, shall be and constitute a body politic and corporate, by the name and style of the “City of Reno,” and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all Courts. The boundaries of the said City of Reno shall include all the inhabitants, lands and tenements included in the southwest quarter of section one and the south half of section two, and all of section eleven and the west half of section twelve, and the northwest quarter of section thirteen, and the north half of section fourteen, the whole comprising an area or parallelogram one and one-half miles wide, measuring the area from east to west, and two miles in length, measuring the same from north to south, all in township nineteen north, range nineteen east, Mount Diablo base and meridian, comprising the territory heretofore known as the Town of Reno.

      Sec. 2.  The City of Reno shall be divided into five wards as follows: All of that portion of the territory embraced within said limits of the City of Reno and lying south of the Truckee river, shall be and is hereby established as the First Ward; provided, that all that part of “Scott Island” lying within the limits of the said City of Reno, shall also be a part of the First Ward. All that portion lying and being situated west of Sierra street and between the Truckee river on the south and main track of the Central Pacific railway on the north, shall be and is hereby established as the Second Ward; provided, that the island in the Truckee river above the Virginia-street iron bridge shall be a part of and belong to said Second Ward. All that portion lying and being situated east of Sierra street and between the Truckee river and the main track of the Central Pacific railway, shall be and is hereby established as the Third Ward.

way, shall be and is hereby established as the Third Ward. All that portion lying east of Sierra street and north of the main track of the Central Pacific railway, shall be and is hereby established as the Fourth Ward; and all that portion lying west of Sierra street and north of the main track of the Central Pacific railway, shall be and is hereby established as the Fifth Ward.

      Sec. 3.  The corporate powers of the City of Reno shall be vested in a Mayor and City Council. The Mayor shall be an actual and bona fide resident, and a taxpayer in the city and he shall be chosen by the qualified electors whose names appear upon the official register of voters for the last preceding general election, as residents of and within the corporate limits of the Town of Reno. The Mayor shall serve for a term of two years from and after the date of his election and qualification, or until his successor shall have been elected and qualified, and he shall receive a salary of three hundred dollars per annum, as full compensation. The Mayor shall be the Chief Executive of the City of Reno and must exercise a careful supervision over its general affairs and subordinate officers. He shall preside over the Council when in session, and shall have authority to preserve order, enforce the rules of the Council, and to determine the order of business, subject to such rule 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. He shall exercise the right of veto upon all matters passed by the Council, except claims against the city, and it shall require a four-fifths vote of the whole Couneil to pass any matter after receiving the Mayor’s veto. No resolution or contract, requiring the payment of money, nor any ordinance, shall go into force or be of any effect until approved by the Mayor; provided, if the Mayor do not approve such resolution or contract or any 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, and if the Mayor do not so return it, such ordinance shall become a law as if he had approved it.

      Sec. 4.  The City Council shall consist of five members who shall each 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 for the last preceding general election, as residents and electors of such ward in the corporate limits of Reno; provided, that no person shall be eligible for the office of Councilman, who shall not have been an actual, bona fide resident in the ward to be represented by him, for the period of at least six months immediately preceding the date of his election. 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 compel the attendance of the absent members.

Corporate powers.

Duties of Mayor.

Council to consist of five members

First election.

Duties of City Clerk.

Who eligible for City Attorney.

Police Judge and Chief of Police.

Powers of Police Judge

adjourn from time to time, and 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 its proceedings, and upon the call of any one member, must cause the yeas and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions and proceedings must be public. Each member of the Council shall receive a salary of two hundred dollars per annum, as full compensation of all services.

      Sec. 5.  At the first election under this charter, hereinafter provided for, and every two years thereafter, there shall be elected one Mayor, one Councilman from each ward, one City Clerk, and one City Attorney.

      Sec. 6.  It shall be the duty of the City Clerk to keep the corporate seal and all documents and records of the city, not otherwise specially provided for by this charter or by ordinance. He shall be Clerk of the Council, attend all its meetings, whether regular or special, and record its proceedings, and shall certify all claims against the city to the City Auditor, and perform such other duties as may be imposed upon him by ordinance, and shall receive a salary of three hundred dollars per annum, as full compensation for such services.

      Sec. 7.  No person not a licensed and practicing attorney-at-law in good standing shall be eligible for the office of City Attorney. The City Attorney shall be the legal adviser of the Council and all officers of the city and shall act as the attorney for the city in all legal proceedings and shall prosecute for offenses against the ordinances of the city and perform such other duties as may be imposed upon him by ordinance of the Council, and he shall receive the sum of six hundred dollars per annum salary, as full compensation for such services.

      Sec. 8.  Immediately upon the City Council taking office and perfecting its organization, it shall at once proceed to the election of one Police Judge, and one Chief of Police who shall be ex officio Chief of the City Fire Department.

      Sec. 9.  The Police Judge of the City of Reno 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 violating any ordinance or provision of any ordinance of the City of Reno of a police nature; provided, that the trial and proceedings in such cases shall be summary in character and with or without a jury as may be prescribed by ordinance of the Council. The Police Judge shall perform such other duties as may properly pertain to said office, and which may be imposed upon him by ordinance of the said Council, and he shall receive as salary, in full compensation for his services, the sum of one thousand dollars per annum.

      Sec. 10.  The Chief of Police is hereby empowered to appoint the necessary number of policemen as required by the Council and to preserve the peace and dignity of the city, said appointees to be subject to the approval and confirmation of, and the salaries of such policemen fixed by, the Council.

appoint the necessary number of policemen as required by the Council and to preserve the peace and dignity of the city, said appointees to be subject to the approval and confirmation of, and the salaries of such policemen fixed by, the Council.

      Sec. 11.  The Chief of Police, in addition to the general duties of his office, shall execute all process issuing from the Police Court, and act with full powers as a policeman, and as Chief of Police, shall collect all city licenses. In his absence or inability to act, his chief deputy shall act as Chief of Police; provided, however, that no person shall be eligible or qualified to hold the office of Chief of Police and ex officio Chief of the Fire Department, who shall not give his whole time and attention to the business and duties thereof, and any person appointed to such office shall, before entering upon the discharge of the duties thereof, furnish a bond to the city, with sureties and in an amount to be approved by the Council, which bond shall be conditioned, among other things, to the effect that said appointee shall at all times during his term of office give his whole time and attention to the business and duties of said office, except during the period of any leave of absence granted him by the City Council, during which time his chief deputy shall act in his stead, and such bond shall apply to such chief deputy in like manner as to the said Chief of Police.

      Sec. 12.  The Chief of Police shall not be answerable upon his official bond for the conduct of policemen appointed under the provisions of this charter, except as above specified, but the Council may require of such appointees such bonds as shall by them be determined upon as proper and adequate. The powers and duties of the Chief of Police and Chief of Police as ex officio Chief of the Fire Department may be more fully defined and provided for by such ordinances of the Council as shall not be inconsistent with the provisions of this charter, and he shall receive as full compensation for all services, a salary not to exceed the sum of fifteen hundred dollars per annum.

      Sec. 13.  The City Council may, in the exercise of its sound discretion, segregate the office of Chief of Police from that of Chief of the Fire Department, in which case the salary and the duties of the Chief of the Fire Department shall be fixed and fully defined and provided for by ordinances of the Council.

      Sec. 14.  The Auditor of Washoe county shall, in addition to the duties now imposed upon him by law, act as Auditor of the city and shall be ex officio City Auditor, having the same power of veto as regards claims against the city, allowed by the Council, as is now provided by law in relation to claims against the counties and allowed by Boards of County Commissioners. The City Auditor shall draw his warrant for all claims approved and allowed upon the City Treasurer.

Policemen, how appointed.

Duties of Chief of Police.

Salary of Chief of Police.

Discretionary powers of Council.

County Auditor to be ex officio City Auditor.

County Treasurer to be ex officio City Treasurer.

County Assessor to be ex officio City Assessor.

Duties of Mayor.

Meetings of Council.

Present ordinances to stand.

Powers of Council.

Treasurer. He shall receive as full compensation for his services as Auditor of the city, a salary in the sum of three hundred dollars per annum.

      Sec. 15.  The Treasurer of Washoe county shall, in addition to the duties now imposed upon him by law, act as Treasurer of the city, and shall be ex officio City Treasurer and Tax Receiver, and shall perform such other duties as may be prescribed by ordinance, and he shall receive, as full compensation for such services, a salary in the sum of three hundred dollars per annum.

      Sec. 16.  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.

      Sec. 17.  The Mayor shall, in addition to the duties hereinbefore provided for, perform such other duties as the Council shall prescribe. The Council shall, as soon as practicable after its organization, proceed to elect one of its number a Mayor pro tem. In case of the absence of the Mayor, or his inability to act, or where a vancancy occurs in the office of Mayor, the Mayor pro tem. shall preside at the meetings of the Council in the same manner and with the like effect as the Mayor, and he shall have all the powers and duties of Mayor, with the like salary for such period except in cases of temporary absence of the Mayor for a period not to exceed two months, in which case no change shall be made in respect to salary; provided, that the restrictions upon the right of the Mayor to vote shall not apply to the Mayor pro tem. while acting as presiding officer of the Council.

      Sec. 18.  The City Council shall hold regular meetings on the second and fourth Mondays of each and every 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. Special meetings may also be held upon a call of the Mayor, or by a majority of the members of the Council; provided, that no contract shall be made, obligation incurred or claim allowed at any special meetings; and, provided further, that nothing herein shall be so construed as to prevent the temporary appointment or election of a Police Judge, Chief of Police, or Chief of the Fire Department, should a vacancy occur, through removal, resignation, death or otherwise.

      Sec. 19.  That all laws and ordinances not inconsistent with the provisions of this charter, now in force in the Town of Reno, shall be and remain in full force and effect in said City of Reno, until otherwise provided, and are hereby adopted and made the laws and ordinances of the City of Reno.

      Sec. 20.  The City Council shall have power:

      First-To institute and maintain any suit or suits of the city, in the proper courts, whenever necessary in their judgment, to enforce or maintain any right of the city, and they in like manner, at their sound discretion, may defend all actions against the city.

ment, to enforce or maintain any right of the city, and they in like manner, at their sound discretion, may defend all actions against the city.

      Second-They shall annually levy a tax of not less than one-quarter of one per cent, nor exceeding one per cent, upon the assessed value of all real or personal property in the city and made taxable by law for State and county purposes.

      Third-To lay out, extend and alter the streets and alleys in the city, and by ordinance require and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also to provide for the improvement and preservation of the city parks; for the construction, repair and preservation of sidewalks, bridges, drains and sewers; and for the prevention and removal of obstructions from the streets and sidewalks of the city; provided, that said Council may, in its discretion, assess the cost, or a portion thereof, of grading, paving or otherwise improving any street or building or repairing a sidewalk to the owner of the property in front of which said street or sidewalk, or proposed sidewalk may be, and make such costs of improvement, repair or building a lien upon such property.

      Fourth-To provide for the prevention and extinguishment of fires, appoint a Chief of the Fire Department, and to organize, regulate, establish and disband fire or hose companies in the city.

      Fifth-To regulate or prohibit the storage of gunpowder and other explosives or combustible materials within the city.

      Sixth-To determine what shall be deemed nuisances, and provide for the punishment, prevention and removal of the same.

      Seventh-To provide for safeguarding the health of the city. For this purpose they may appoint a City Board of Health, and shall prescribe its powers and duties.

      Eighth-To fix and regulate a license upon, and regulate all characters of business conducted within the corporate limits of the City of Reno, including all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys and all exhibitions and amusements, and regulate and collect a license tax upon, and regulate all taverns, hotels, restaurants, eating houses, boarding houses, lodging houses, bankers, brokers, manufactories, livery stables, express companies, telegraph and telephone companies, railroads and stage companies; to license, tax and regulate auctioneers and stock brokers; to license and regulate all hawkers and peddlers (except those dealing in the agricultural products of this State), pawn shops, refreshment and coffee stands, booths and sheds; to license, regulate, prohibit or prescribe the location of saloons or bar-rooms, houses of ill-fame, hurdy-gurdy houses or dance houses or houses having special attractions such as music; to levy 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 be paid; to prevent all other animals from running at large in said city.

To levy tax.

To control streets, alleys, sidewalks, etc.

Fire Department.

Regulate storage of powder.

Nuisances.

Health.

License and regulate amusements.

Fix licenses.

Punish disorderly conduct.

To control property of city.

To punish violations of ordinances.

Powers concerning ordinances, etc.

To appoint Engineer.

destruction of all dogs upon which said tax shall not be paid; to prevent all other animals from running at large in said city.

      Ninth-To provide for the issuance of all licenses in this charter specified or permitted to be issued, and to fix the amount thereof and the times for which, and the terms upon which, the same shall be issued; provided, that out of the moneys realized from any license one-quarter of the aggregate amount thereof shall be set over and apportioned to the State; one-quarter to the said County of Washoe, and the remainder shall be placed in and belong to the General Fund of the city.

      Tenth-To punish, restrain and prevent any disorderly conduct within the city.

      Eleventh-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 belonging or inuring to the city; but no sales of property shall be made until after it shall have been appraised by three appraisers, 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 city park or plaza now established shall be sold under the provisions of this charter.

      Twelfth-To fix the punishment for the breach of any ordinance adopted by said Council, to be enforced herein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment after conviction may be made to work, during the term of such imprisonment, on any public works of the city, and the Chief of Police may use any lawful means to prevent the escape of such prisoner while at work or while going to or returning from such labor.

      Thirteenth-To adopt and pass all ordinances, resolutions, rules and orders, and to do and perform any and all other acts and things necessary for the execution of the powers and jurisdiction conferred by this charter, or which may be necessary to fully carry out the purposes and intent thereof; and to protect and conserve the property and property rights and promote and enhance the welfare and safety of the inhabitants of said city; and to audit and allow all claims properly payable out of the treasury of the city; provided, that the said Council shall not have power to contract for any expenditure, or to audit or allow any claim whatsoever, unless there shall be at the time sufficient funds in the treasury to pay the same. 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.

      Fourteenth-To select, appoint, and employ an engineer, from time to time, whenever in the judgment of the Council it shall be deemed necessary, required or expedient, for the purpose of supervising and directing any public work; the salary or compensation, duties and responsibilities of such engineer, to be fixed and determined and fully defined by ordinance.

purpose of supervising and directing any public work; the salary or compensation, duties and responsibilities of such engineer, to be fixed and determined and fully defined by ordinance.

      Sec. 21.  The City 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 revenne laws of the State for the collection of State and county taxes; and the revenue laws of this 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 shall be protected and conducted 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 practical 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. 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 revenues.

      Sec. 22.  All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter, or of any valid ordinance of the city, shall be paid by the officer or person collecting or receiving the same, to the City Treasurer, who shall keep an accurate account thereof and give itemized receipts therefor, in duplicate, one of which shall be given by him immediately to the City Auditor for the more perfect keeping of his accounts and for the information and guidance of the City Council; and the other shall be given to the officer or person so paying in such money. All such money shall be placed by the City Treasurer in a fund to be known as the Reno General Fund; and shall be so kept except as paid out upon proper warrants; provided, the City Council may, at their sound discretion, set apart any surplus moneys in said fund, to be kept by said Treasurer in a fund which shall be known as the Reno Redemption Fund, which shall be used to pay principal and interest on any outstanding bonds that may be issued under the provisions of this charter; provided further, that the amount of moneys so ordered to be transferred shall in no instance exceed one-half of the moneys in the Reno General Fund at the date of such transfer, unless an existing statute otherwise provides.

Property tax.

Fines paid to City Treasurer.

Fees and salaries regulated.

Suit may be maintained.

General Fund at the date of such transfer, unless an existing statute otherwise provides.

      Sec. 23.  The fees, salaries or other compensation of the officers hereinbefore provided for, shall be regulated by regularly enacted ordinances. All claims for fees, salaries, or expenses necessarily and properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this charter, and all claims against the city, wherever the nature of such claims will permit, shall be presented to and acted upon by the City Council at the first regular meeting of each and every month, and the Council shall consider and allow or reject the same in the order as presented to the Clerk of the Board, and the record of this action shall be entered upon their journal. Upon allowance in whole or in part of any claim, by the majority of the Council, the City Clerk shall certify said claim or claims or portions allowed, as the case may be, to the City Auditor, who shall after his approval draw a warrant upon the Treasurer for the amount so allowed, and shall state in the same, in general terms, the nature of the claim, and the City Treasurer shall pay the same. On paying any warrant, the City 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 sufficient voucher for the Treasurer as to the amount so paid, in his official settlement with the City Council, which shall take place annually on the third Monday in December of each year. The Mayor of the city, or some member of the City Council appointed by the Mayor, shall, once in every three months, examine the books and vouchers of the City Treasurer, concerning the state of the finances and moneys in the hands of such Treasurer, and thereupon the Mayor, or the member of the City Council appointed as hereinbefore provided, shall report the result to the City Council at the next regular meeting thereof, which report shall be spread in full upon the journal.

      Sec. 24.  The holder of any demand or claim mentioned as above, which has been rejected in whole or in part, may, within six months after the date of such rejection, commence an action in any court of competent jurisdiction for the amount of the claim or the portion rejected, as the case may be, and, if not so commenced, such claim, together with the right of action thereon, shall be forever barred. The action shall be against the city and the service of summons shall be made upon the Mayor. In case of a final recovery of judgment by the plaintiff, the City Council shall allow the amount thereof with costs taxed, which judgment, with such costs, shall be paid in the order of such allowance.

      Sec. 25.  All officers of the city, as provided in this charter, except the Councilmen and the Mayor, shall be account able and liable upon their official bonds as officers, but it shall nevertheless be the duty of the Council to provide for the accountability of all officers and employees constituted by or appointed under the provisions of this charter, by requiring of them sufficient security, or additional security, as may be necessary or proper for the faithful and honest performance of the duties of their respective offices.

able and liable upon their official bonds as officers, but it shall nevertheless be the duty of the Council to provide for the accountability of all officers and employees constituted by or appointed under the provisions of this charter, by requiring of them sufficient security, or additional security, as may be necessary or proper for the faithful and honest performance of the duties of their respective offices. In case any such appointed officer or employee shall neglect or refuse to give the required security, or shall fail, neglect, or refuse to perform the duties imposed upon him by virtue of the provisions of this charter or any ordinance of the City Council, the City Council may declare such office vacant and proceed to appoint some other person to such office or employment as the case may be. The duties of all persons appointed to office or employment, by the City Council under the provisions of this charter, shall be defined by ordinance, when necessary, and any person so appointed shall serve at the discretion of the Council.

      Sec. 26.  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 includes the city taxes.

      Sec. 27.  The City Council shall provide for a corporate seal which shall be kept by the City Clerk, who shall also keep all books and shall file and keep all papers belonging to the city, under their proper heads except as hereinafter provided; attend all meetings of the City Council and keep an accurate journal of their proceedings, including a record of all ordinances, by-laws and resolutions passed or adopted by them, which journal, after approval at each meeting, shall be signed by the Mayor and attested under the hand of the City Clerk.

      Sec. 28.  The City Auditor shall sign all warrants issued. He shall number and countersign all licenses. All licenses shall be printed in form, with marginal stubs attached, and stitched together in books. All licenses issued shall be signed by the Mayor. The City Auditor shall be custodian of the blank licenses, and shall deliver them from time to time to the Chief of Police, who shall collect the same, charging the Chief of Police therewith, at their face or representative value, and giving him credit at the same rate for as many thereof only as he shall return to the City Auditor at the time of the settlement of his account. The City Auditor shall also keep an accurate account of all warrants and orders drawn upon the City Treasurer, in such manner that the Council can, at any time, ascertain the actual outstanding indebtedness, and shall perform such other duties as may be required by the City Council.

      Sec. 29.  Upon the passage of ordinances, or any resolutions appropriating money, abolishing licenses or increasing or decreasing the rate of licenses, the yeas and nays shall be called, and the Clerk shall enter the same, and the vote of each member of the Council, as well as the Mayor’s vote in case of a tie, on the journal.

Bonds of officers.

Sale of property for taxes.

Seal.

Warrants, how issued.

Journal to be kept.

Yeas and nays to be called.

Ordinances, how made.

Ex officio county officers may act.

Civil actions may be brought.

Absence from duty.

Debts, how contracted.

Officers not to be interested in contracts.

called, and the Clerk shall enter the same, and the vote of each member of the Council, as well as the Mayor’s vote in case of a tie, on the journal.

      Sec. 30.  The style of all ordinances shall be as follows: “The City Council of the City of Reno do ordain,” and all proposed ordinances when first proposed at any regular meeting, shall be read aloud in full, to the members of the Council, and then laid over until the next regular meeting, for adoption or rejection. All ordinances shall be published in such manner as the Council may prescribe, for the period of one week before the same shall go into effect.

      Sec. 31.  All county officers acting ex officio as officers of the city, may act as city officers through their regularly appointed deputies when authorized by law to appoint such deputies, and such officers shall be liable for the acts of such deputies, as in other cases. The Council may provide by ordinance for one or more deputies for the City Clerk.

      Sec. 32.  Civil actions may be brought by the city in any court of competent jurisdiction, and actions for violations of any ordinances of the city may be brought before the Police Judge, and fines imposed by the Police Judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the county jail of Washoe county, which shall serve as a city jail, at the rate not exceeding one day for every two dollars of such fine and costs; or said Police Judge may, at his discretion, adjudge and enter upon his docket, an order that such offender shall work on the streets or public works, at the rate of two dollars for each day, which shall apply on such fine, until the same be so exhausted or otherwise satisfied. Appeal may be taken from such judgment as in cases of appeal from Justice’s Courts in criminal cases.

      Sec. 33.  If any officer shall remove from the city, or absent himself therefrom, more than thirty days without leave of the City Council, his office shall be declared vacant, and the vacancy filled by appointment as provided in this charter.

      Sec. 34.  No debts shall be created directly or indirectly against the city, nor shall any contract for supplies of water, gas, electric light or any other supplies for the city, or any other contract whatever, made by or on behalf of the city, be of any validity for any amount exceeding the revenue for the year in which the contract is made, except as otherwise provided in this charter.

      Sec. 35.  No officer of the city government herein provided for shall be interested directly or indirectly in any contract with the city, or with any of the officers thereof in their official capacity, or in doing any work or furnishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or material furnished in which any such officer is interested shall be void, and if audited and allowed, shall not be paid by the Treasurer.

shall be void, and if audited and allowed, shall not be paid by the Treasurer. Any wilful violation of the provisions of this section shall be ground for removal from office, and shall be deemed a misdemeanor and punished as such.

      Sec. 36.  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 Reno under the provisions of that certain Act of the Legislature entitled “An Act providing for the government of towns and cities of this State,” approved February 26, 1881, and the Acts amendatory thereof, is hereby transferred to the Reno General Fund, and made subject to the provisions of this charter.

      Sec. 37.  That all outstanding bonds or indebtedness of the Town of Reno shall be transferred and applied to and be binding upon the City of Reno in like manner and to all intents and purposes and with like effect as if said bonds or indebtedness had been originally issued or controlled by said city.

      Sec. 38.  The Board of County Commissioners of Washoe county shall from time to time, upon the request of the City Council, apportion to the City of Reno 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 of Reno, as shown by the assessment roll, shall bear to the whole property of said county, inclusive of the property within the limits of said City of Reno, and all such moneys so apportioned shall be expended upon the streets, alleys and other public highways of the City of Reno, under the direction and control of the City Council.

      Sec. 39.  It shall be the duty of the Board of County Commissioners of Washoe county, on or before the first Tuesday in April, 1903, to issue a proclamation for an election within the limits defined in this charter as the limits of the City of Reno, to be held within thirty days thereafter, at which election all the qualified electors, residing within the limits of the City of Reno as hereinbefore prescribed, as shown by the register of voters for the last preceding general election, shall have the right to vote for the election of one Mayor, five Councilmen-to wit, one from each of the five wards of said City of Reno, as hereinbefore provided-one City Clerk, and one City Attorney. The said proclamation shall be published in a newspaper in said Town of Reno for at least three weeks prior to the date of said election, and printed copies of such proclamation shall be posted in one conspicuous and public place in each ward as herein described. Said proclamation shall set forth the purpose of said 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. All provisions of law relating to general elections so far as the same are applicable, or not inconsistent with the provisions of this section, shall be observed in the conduct of such election.

Money to be placed in General Fund.

Bonds transferred.

Road Fund to be apportioned.

Election proclamation.

Ballots to be printed.

Certificates for Councilmen.

City Clerk and City Attorney.

Officers to qualify.

Contested elections.

Special elections.

with the provisions of this section, shall be observed in the conduct of such election. Candidates for the office of Mayor, Councilmen, City Clerk, and City Attorney to be voted for at such election, shall file their names with the County Clerk of Washoe county at least ten days before the date of such election. The County Clerk of Washoe county shall cause to be printed a sufficient number of ballots for said election, upon which shall appear the names of the candidates for the offices above specified. The officers of election shall make return to the Board of County Commissioners of Washoe county, and the said Board of County Commissioners shall, within five days thereafter, meet and canvass said vote and shall enter upon their minutes the result of such canvass, and said Board of County Commissioners shall cause a certificate of election to be issued to the person receiving the highest number of votes for Mayor.

      Sec. 40.  The candidate for Councilman from any ward as hereinbefore prescribed receiving the highest number of votes for said office in such ward shall be declared elected to the office of Councilman from such ward by the Board of County Commissioners of Washoe county, who shall thereupon cause a certificate of election to be issued to such person.

      Sec. 41.  The persons receiving the highest number of votes for the offices of City Clerk, and City Attorney, shall in like manner be declared elected to their respective offices, and a certificate of election issued to them, by order of the Board of County Commissioners.

      Sec. 42.  The Mayor, Councilmen, City Clerk, and City Attorney, so elected as hereinbefore prescribed, shall, on or before the first Monday in May next succeeding their election, qualify and enter upon the discharge of the duties of their respective offices. All expenses of holding such election shall be paid out of the General Fund of said City of Reno.

      Sec. 43.  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. 44.  Special elections must be held for the purpose of voting bonds or creating any city or municipal indebtedness, or granting any franchise, but no election for such purposes shall be held unless the Council shall have first passed a resolution to that effect, which resolution shall set forth fully and in detail, the purpose or purposes of the proposed bonds or indebtedness, the amount, time, and terms of the proposed bonds or indebtedness, or the applicant for, the character of, time, terms and conditions of the proposed franchise, as the case may be, which resolution shall be published in full in some newspaper published in the city, to be selected by the Council, for the period of at least four weeks prior to the time of taking a vote thereon at such special election. Such election shall be held and conducted as nearly as practicable, in the same manner as elections for city officers.

The City Council shall in due time make provision for holding the same, and the City Clerk shall prepare and provide, at the expense of the city, suitable printed stationery for use as ballots so as to fully carry out the intent and purposes of such election. The City Council shall appoint suitable and competent persons to act as Inspectors of such election, and shall do all other things necessary or required to be done to carry out the provisions hereof; provided, that no person not a taxpayer and qualified elector within the corporate limits of the city shall be qualified to vote at any such special election; and, provided further, that no such resolution shall be declared carried or be effective or valid for any purpose whatsoever, unless the same shall receive a two-thirds vote of all the voters voting thereon.

      Sec. 45.  The city shall have the power to acquire and purchase water, light, gas and power systems and any public utility or utilities, and to hold, manage and operate the same when acquired. The City Council shall, when deemed advisable, submit a proper resolution to be voted on by the people; and elections thereon shall in all respects as far as practicable be conducted as provided in the preceding section.

      Sec. 46.  No ordinance, order or resolution of the Council having for its object, purpose or effect the increasing of the salary or compensation, directly or indirectly, of any officer of, or person employed under, the city government, in excess of the amount 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 appointee or employee under said city, and such decrease shall take effect immediately; provided further, that no such decrease shall apply to or affect the then incumbent of the office of Mayor.

      Sec. 47.  Any and all appointive officers, appointed under the provisions hereof, may be removed at any time by a vote, at discretion of a majority of the whole Council, and the Mayor may suspend any such officer until the Council acts upon and disposes of the charges preferred against such officer.

      Sec. 48.  Any wilful misconduct in office, or any wilful violation of any of the provisions of this charter, 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 under and in the same manner as prescribed by the laws of the State of Nevada relating to proceedings and prosecutions against district, county or township officers for misconduct in office.

      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.

Inspectors appointed.

Power to purchase water, gas, etc.

Salaries not to be increased.

Removal of officers.

Misconduct.

Public Act.

Charter.

Acts repealed.

      Sec. 50.  The word “Charter,” wherever 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.  All Acts and parts of Acts in conflict with or inconsistent with the provisions of this Act are hereby repealed.

Sale of intoxicating drinks to minors a misdemeanor and false representation by minor a misdemeanor.

Punishment.

Proviso as to parents, guardians and physicians.

Chap. CIII.–An Act to amend Section 1 of an Act entitled “An Act to prohibit the sale of intoxicating drinks to minors,” approved March 7, 1873.

[Approved March 16, 1903.]

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.  Every person who shall sell or give to any person under the age of twenty-one years, or to any one known to be an imbecile, any intoxicating drink or drinks or who shall employ a minor as a barkeeper, and every minor who shall falsely represent himself to be twenty-one years of age in order to obtain such intoxicating drink or drinks, is guilty of a misdemeanor, and shall be punished by a fine of not less than $100, nor more than $500, or imprisonment in the county jail, not less than 50 days, nor more than six months, or by both such fine and imprisonment; provided, that nothing in this Act shall be deemed to apply to parents of such minors and imbeciles, or guardians of their wards, or physicians.

Sittings of District Court of Third Judicial District may be held in Tonopah, when.

Chap. CIV.–An Act concerning sittings of Court in Nye County, and matters connected therewith.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  Sittings of the District Court shall be held by the Judge of District Court of the Third Judicial District in the Town of Tonopah, in the county of Nye, State of Nevada, whenever the people of that portion of Nye county lying nearer, or more conveniently situated to the Town of Tonopah than to the Town of Belmont shall be accommodated thereby, or such sitting will be more economical to the litigants or to the county of Nye than sittings held at the Town of Belmont, of which condition the District Judge of said district shall be the sole judge. All other sittings of said Court in Nye county shall be held, as at present, in the Town of Belmont.

      Sec. 2.  The County Commissioners of Nye county shall provide a branch jail in the Town of Tonopah,

provide a branch jail in the Town of Tonopah, which shall be to all intents and purposes a county jail, and shall be used for the temporary detention of offenders, as may be necessary, convenient, or economical, and shall provide a keeper for such jail when it is in use; but prisoners held under sentences shall be kept in the county jail at Belmont, unless the County Commissioners shall decide, in the interest of economy, to keep such prisoners at the jail in the Town of Tonopah.

      Sec. 3.  The County Clerk of Nye county shall arrange that papers filed with him shall be available for use at sessions of Court held in the Town of Tonopah, and shall attend such sessions in his capacity as Clerk of such District Court. He shall in such cases be allowed his actual traveling expenses by the Board of County Commissioners.

      Sec. 4.  The sittings of the District Court, or sessions thereof, held in the Town of Tonopah shall be the same in validity and effect as if held in the Town of Belmont, and shall be so held for the accommodation of the people, for the accommodation and convenience of litigants, witnesses, and jurors, and for the purpose of giving greater publicity to the proceedings of such Court than if held in the Town of Belmont.

      Sec. 5.  The County Commissioners of Nye county shall provide the proper rooms for the use of the Court and the Clerk, and shall arrange all other matters of detail necessary to give this Act effect, for which purposes their proceedings to this end shall be in all respects of full legal force and effect.

      Sec. 6.  The Sheriff of Nye county shall be allowed actual expenses for traveling and for attendance on said Court as at present, but may be represented by deputy, who shall also, in the absence of the Sheriff, be in control of the branch county jail in the Town of Tonopah.

      Sec. 7.  This Act shall repeal all Acts in conflict therewith, and shall be in effect on and after its passage.

      Sec. 8.  This Act shall not be construed in such a manner as to change the county seat of Nye county from the Town of Belmont, but shall constitute the Town of Tonopah a county seat also merely for the purposes of the Act.

A branch jail to be provided at Tonopah, how.

County Clerk to arrange papers for use at Tonopah.

Sittings of Court to be valid.

Commissioners to provide proper rooms.

Sheriff allowed traveling expenses.

Repeal to take effect.

Not to be construed as changing county seat.

Chap. CV.–An Act to provide for the protection and preservation of wild game, and to repeal all other Acts in conflict therewith.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, catch, destroy, wound, snare, trap, injure, or pursue with attempt to catch, capture, injure or destroy, any bluebird, bluejay, thrush, mockingbird, yellowhammer, oriole, hummingbird, or swan, robin, meadowlark, or any insectivorous plume or song bird within this State.

Preservation of wild game.

Relating to pheasants.

Close season for sage birds.

Grouse and mountain quail.

Duck, crane, plover, snipe, quail, etc.

Relating to destruction of nests.

Unlawful to use shotgun larger than ten gauge.

Unlawful to kill large game of certain kind.

destroy, wound, snare, trap, injure, or pursue with attempt to catch, capture, injure or destroy, any bluebird, bluejay, thrush, mockingbird, yellowhammer, oriole, hummingbird, or swan, robin, meadowlark, or any insectivorous plume or song bird within this State.

      Sec. 2.  It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, destroy, wound, trap, net, weir, injure or pursue with attempt to kill, capture, injure or destroy any pheasant within this State before the 1st day of September, A. D. 1906.

      Sec. 3.  It shall be unlawful for any person or persons, firm, company, corporation or association, after the 15th day of February and before the 15th day of July of each and every year to kill, catch, trap, cage, weir, destroy, or pursue with attempt to catch, capture or destroy any sage cock or sage hen within this State.

      Sec. 4.  It shall be unlawful for any person or persons, firm, company, corporation or association, within this State, to kill, catch, trap, net, pound, weir, wound, or pursue with attempt to catch, capture, injure or destroy, any grouse or mountain quail between the 1st day of March and the 15th day of September of each succeeding year.

      Sec. 5.  It shall be unlawful for any person or persons, firm, company, corporation or association at any time after March 1st and before September 15th of each and every year, to kill, catch, net, cage, pound, weir, trap or pursue with attempt to catch, capture, injure or destroy, any wild duck, sandhill crane, plover, curlew, snipe, woodcock, valley quail, or prairie chicken within this State.

      Sec. 6.  It shall be unlawful at any and all times of the year for any person or persons, firm, company, corporation or association, to destroy, injure, or remove the nest or eggs of any of the birds mentioned in this Act.

      Sec. 7.  It shall be unlawful in this State for any person or persons to use at any time a shotgun of a larger caliber than that commonly known and designated as a number ten gauge.

      Sec. 8.  The open season for deer and antelope in this State shall be from September 15th and until November 15th of each and every year, and during that time it shall be unlawful for any person or persons, firm, company, corporation or association, within this State to kill, catch, trap, wound, or pursue with an attempt to catch, capture, injure or destroy, any number of deer or antelope exceeding three for any one open season or year. It shall be unlawful to kill, catch, trap, wound or pursue with intent to catch, injure, kill or destroy any female deer or antelope or any spotted fawn at any time.

      Sec. 9.  It shall be unlawful in this State for any person or persons to have in their possession any deer or antelope from and after December 15th of each year and until September 15th of the year next succeeding, and it shall be unlawful for any person or persons to sell or offer for sale or to trade or barter or offer for trade or barter any number of deer or antelope in excess of three during the time intervening between the 15th day of September and the 15th day of November of any year.

ber 15th of the year next succeeding, and it shall be unlawful for any person or persons to sell or offer for sale or to trade or barter or offer for trade or barter any number of deer or antelope in excess of three during the time intervening between the 15th day of September and the 15th day of November of any year.

      Sec. 10.  It shall be unlawful for any person or persons, firm, company, corporation or association, at any and all times of the year to hunt, chase, pursue, run, catch or kill any deer, antelope, caribou, elk, mountain sheep or mountain goat, with or by the use of or aid of any hound or hounds.

      Sec. 11.  Nothing in this Act shall be construed to prohibit any person selling game, killed by himself. But it shall be unlawful for any person or persons to purchase such game for the purpose of barter or sale, and it shall also be unlawful for any person to kill or have in his possession a greater number than twenty ducks or twenty mountain quail, twenty sage hen, six grouse, twenty valley quail, five plover or fifteen snipe in one day.

      Sec. 12.  Any person or persons, company, corporation or association, or common carrier, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty ($50) dollars, nor more than five hundred ($500) dollars or imprisonment in the county jail in the county in which said conviction is had, for any term not exceeding six months, or by both such fine and imprisonment. It shall be no defense in the prosecution for the violation of any of the provisions of this Act, that the animals or birds were taken or killed outside of the State of Nevada; nor shall it be any defense in the prosecution for the violation of any of the provisions of this Act that the animals or birds were taken or killed by one other than he in whose possession said animals or birds were found.

      Sec. 13.  Every railroad company, express company, transportation company, or any other common carrier, their officers, agents and servants, and every other person who shall transport, carry or take out of this State, or who shall receive for the purpose of transporting, or carrying from this State any deer, buck, doe or fawn, or any mountain sheep, or antelope, or any quail, sage chicken, prairie chicken, grouse, wild duck or goose, or any other bird or animal mentioned in this Act shall be guilty of a misdemeanor.

      Sec. 14.  Should it be deemed advisable by any Board of County Commissioners for any county within this State to lengthen or extend the time of the close season for any specie of game mentioned in this Act, the said Board of County Commissioners acting for their respective county may by special ordinance extend such close season; provided, however, that in no event shall the County Commissioners or any other organization of men within this State extend the open season or shorten the close season for any specie of game whatsoever; provided, however, the County Commissioners of any county in the State acting under the provisions of this Act may change the open season for sage hen or for deer and antelope to an earlier or later date as the necessities of their respective county for the preservation of the above mentioned game may demand; the length of time during which said game shall be protected shall in all cases remain the same as provided for in this Act.

Unlawful to have in possession, buy, sell, or barter large wild game at certain times.

Use of hounds prohibited.

Proviso and number of game one may have in possession at one time.

Misdemeanor.

Punishment.

Transportation companies guilty of misdemeanor.

County Commissioners may extend time of close season.

Close season may be extended.

Governor may issue permit in certain cases.

Repealing clause.

season or shorten the close season for any specie of game whatsoever; provided, however, the County Commissioners of any county in the State acting under the provisions of this Act may change the open season for sage hen or for deer and antelope to an earlier or later date as the necessities of their respective county for the preservation of the above mentioned game may demand; the length of time during which said game shall be protected shall in all cases remain the same as provided for in this Act. Nothing in this Act shall be so construed as to prohibit any person (upon a written permit of the Governor of the State) from taking or killing any bird or fowl, or collecting the nest and eggs of the same, for strictly scientific purposes.

      Sec. 15.  All Acts and parts of Acts heretofore passed and in conflict with the provisions of this Act, or extending or limiting the provisions of this Act in any way whatsoever, are hereby repealed.

Any form of bribery delared a felony.

What constitutes bribery.

Chap. CVI.–An Act supplementary to an Act entitled “An Act relating to elections,” approved March 12, 1873.

[Approved March 16, 1903.]

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

Assembly, do enact as follows:

      Section 1.  Any form of bribery intended to influence the vote of any elector at a general, special or primary election either with reference to candidates or measures to be voted for, or of any delegate to a political convention with reference to candidates or measures to be voted for in such convention, or of any member of the Legislature with reference to his vote for United States Senator, is hereby declared to be a felony, and subject to punishment as hereinafter provided.

      Sec. 2.  Any remuneration or reward or promise of remuneration or reward, whether it be in the form of a money gift or payment, release of debt, payment of board, lodging or transportation, the furnishing of food or clothing, the promise or giving of employment, the increasing or maintaining of wages, the promise of appointment to any public office or position, either for the voter or any other person, an offer or promise to vote for a certain candidate or candidates in consideration of a vote or votes for some other candidate or candidates, the placing of money or other things of value in the hands of another person for the purpose and with the understanding, either expressed or implied, of having the same used in corruptly influencing a voter, delegate or delegates, member or members of the Legislature, or voters, and the promise or conferring of any favor or benefits of any kind or character, either before or after the election, for the purpose and with the object of inducing a voter or voters, delegate or delegates, member or members of the Legislature to vote for or against any candidate or measure, or to refrain from voting for or against the same, shall be deemed and considered bribery.

delegates, member or members of the Legislature to vote for or against any candidate or measure, or to refrain from voting for or against the same, shall be deemed and considered bribery.

      Sec. 3.  Any voter, delegate or member of the Legislature, who shall accept a bribe as an inducement to vote for or against any candidate or measure, unless it be for the purpose of exposing the bribery; or who shall vote differently from what he intended to with the expectation of receiving a reward after so voting, shall be deemed and considered guilty of bribery.

      Sec. 4.  Any candidate for the United States Senate, or any person or persons acting on his behalf, who shall pay or offer to pay the whole or any part of the campaign expenses of a candidate for the Legislature, and any such candidate who shall accept such payment, shall be deemed and considered guilty of bribery.

      Sec. 5.  Any person guilty of bribery under the provisions of this Act, or of the Act to which this Act is supplementary, is a competent witness against any other person charged with the same offense, and may be compelled to attend and testify upon any trial, hearing, lawful investigation or judicial proceeding in the same manner as any other person, but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, and a person so testifying shall not thereafter be liable to prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of said testimony in bar of such prosecution.

      Sec. 6.  Any person convicted of bribery as defined in this Act shall be punished by imprisonment in the State Prison for a period of not less than one year or more than eleven years; and any person elected to a State office convicted of such bribery shall forfeit the said office and such forfeiture shall be a part of the judgment of the Court in which he is tried, convicted and sentenced.

      Sec. 7.  Any person who attempts to influence the vote of his employee by directly or indirectly threatening such employee with loss of employment or by intimating that such employee will lose his employment if he votes or fails to vote for a certain candidate or candidates, measure or measures, or that the success of a certain party or candidate will jeopardize his employment, shall be deemed guilty of intimidation, and upon conviction he shall be punished as herein prescribed for the crime of bribery.

Member of Legislature who accepts a consideration for his vote guilty of bribery.

Bribery for candidate for U. S. Senator to pay expenses of candidate for Legislature.

Giving of testimony in certain cases a bar to further prosecution.

Punishment.

Forfeiture of office.

Bribery for employer to threaten employee with loss of employment.

Secretary of State to certify Constitutional amendment to County Clerk.

County Clerk to publish notice, when and how.

Misdemeanor.

Punishment.

Chap. CVII.–An Act to amend an Act entitled “An Act relating to elections and to more fully secure the secrecy of the ballot,” approved March 13, 1891.

[Approved March 17, 1903.]

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

Assembly, do enact as follows:

      Section 1.  Section 10 of said Act is hereby amended to read as follows:

      Section 10.  When any proposed constitution, constitutional amendment or other question is to be submitted to the popular vote, the Secretary of State shall, within ninety days before the election at which such constitution, constitutional amendment or question is to be voted upon, certify the same to each County Clerk of this State, sending to each of said Clerks enough copies of such constitution, constitutional amendments or other questions to supply each Inspector of Election and enough additional copies to carry out the provisions of this Act. And it is hereby made the duty of the County Clerks of each county to have posted, ten days before the election, in each election precinct, three copies of said constitution, constitutional amendments or other questions to be voted on, one of which copies shall be posted at the place of holding the polls. If there is a newspaper published in the county, the County Clerk shall cause to be published said constitution, constitutional amendment or other questions therein three times; one publication thereof shall be at least thirty days before election; another not less than twenty days, and the other not more than ten days before said election. Any Secretary of State or County Clerk of this State who shall fail to comply with the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not less than $100, nor more than $500.

Fixing mode of payment of expenses incurred.

Chap. CVIII.–An Act to provide payment of expenses necessary for the extradition of fugitives from justice.

[Approved March 17, 1903.]

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

Assembly, do enact as follows:

      Section 1.  Whenever hereafter any fugitive from justice shall be returned to this State, under interstate or international extradition, and shall be delivered to the Sheriff of the county in which the fugitive is charged with having committed a crime against the laws of this State, of the grade of felony, the Board of County Commissioners of every such county is hereby authorized to provide for the payment by the county of such reasonable sum of money to defray the necessary expenses of the extradition and delivery aforesaid as the Board may deem just and reasonable; provided, that all the members of the Board of County Commissioners shall have consented, by order of the Board entered on its minutes, to the extradition of the fugitive before extradition proceedings are instituted, and not otherwise.

expenses of the extradition and delivery aforesaid as the Board may deem just and reasonable; provided, that all the members of the Board of County Commissioners shall have consented, by order of the Board entered on its minutes, to the extradition of the fugitive before extradition proceedings are instituted, and not otherwise.

Chap. CIX.–An Act to amend an Act entitled “An Act to provide for the maintenance and supervision of public schools,” approved March 20, 1865.

[Approved March 17, 1903.]

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

Assembly, do enact as follows:

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

      Section 24.  It shall be the duty of the Trustees, a majority of whom shall constitute a quorum for the transaction of business, to meet as soon as practicable after taking the oath of office, at such place as may be most convenient in the district, and to organize by appointing one of their number Clerk of the Board, who shall preside at the official meetings of the Trustees, and record their proceedings in a book to be provided for the purpose; and all such proceedings, when so recorded, shall be signed by said Clerk. Said book shall at all times be subject to the inspection of any taxpayer in the district; and said Clerk shall cause full minutes of the proceedings of each session of the Board to be published in some newspaper having general circulation in the district; provided, that such publication can be had without expense to the district. In districts having a school population of three hundred or more, and not exceeding one thousand, the Clerk of the Board of Trustees may receive such salary as said Board may allow; provided, that such salary shall not exceed ten dollars per month; provided, that in districts having a school population of one thousand, or more, the Clerk of the Board of Trustees shall receive not to exceed twenty-five dollars.

Trustees to meet.

Record to be kept.

Salaries to be paid.

Chap. CX.–An Act relative to the proving up of Indian war and Indian depredation claims.

[Approved March 17, 1903.]

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

Assembly, do enact as follows:

      Section 1.  The State Board of Examiners are hereby authorized and directed to examine into all claims for services rendered, moneys expended, indebtedness incurred and supplies and necessaries furnished between the first day of January,

Indian war claims.

Board of Examiners to examine claims.

Notice to claimants to present claims.

Board to act, when.

Claimants to appear before Board in support of their claims.

Evidence to be reduced to writing.

Board to endorse approval.

Governor to transmit claims to Secretary of United States Treasury.

supplies and necessaries furnished between the first day of January, A. D. one thousand eight hundred and sixty, and the date of the approval of this Act, in repelling invasions and suppressing Indian outbreaks and hostilities within the territorial limits of the present State of Nevada. Said Board shall also examine into all claims for horses, equipments, firearms and wagons actually lost by those engaged as aforesaid, while in the line of duty in active service, also into all losses sustained by fire through Indian raids and depredations.

      Sec. 2.  That within thirty days after the approval of this Act the Board shall give notice by publication in some daily newspaper to all persons having such claims to present them by petition, showing the items and amounts thereof, to the Board within sixty days from the first publication of the notice, which notice shall be published in each issue of such newspaper for a period of at least thirty days. Any and all claims presented in accordance with the requirements of said notice shall be examined and final action thereon taken by the Board as soon as practicable thereafter.

      Sec. 3.  That all persons having such claims shall be permitted to appear personally before the Board and produce such evidence as they may have in support of their respective demands, or may be represented by their attorney or agent, and all the provisions of sections eight, nine, ten, eleven and twelve of an Act entitled “An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties upon the Controller and Treasurer,” approved February seventh, one thousand eight hundred and sixty-five, are hereby made applicable to the examination of claims presented under this Act.

      Sec. 4.  That the evidence presented to the Board in support of any such claim shall be reduced to writing, and immediately after the approval or disapproval of the claim, the petition and evidence shall be filed in the office of the Secretary of State. If the claim be entirely disapproved, the Board shall endorse their disapproval upon the petition, and such claim shall not be reconsidered, unless upon presentation by the claimant within thirty days thereafter of new material testimony in its support. If the claim be approved, either in whole or in part, the Board shall endorse such approval upon the petition, which endorsement shall show the items and amounts for which the claim is approved, and a certificate of like tenor and effect shall also be given to the claimant whose claim shall have been so approved.

      Sec. 5.  That as soon as all the claims presented under the provisions of this Act shall have been finally acted upon by the Board, it shall be the duty of the Governor to transmit the claims that have been approved for any amount, together with the evidence in support of them, to the Secretary of the Treasury of the United States, or other proper officer, and to urge the payment thereof by the United States Government at the earliest practicable day.

officer, and to urge the payment thereof by the United States Government at the earliest practicable day.

      Sec. 6.  Nothing herein contained shall be so construed as to make the State of Nevada liable for the amount of any approved claim, or any amount of money whatever, except as the same may be received from the Treasury of the United States for the payment of such claims, and then only for the particular claims allowed by the United States Government, and to the extent of such allowance.

State of Nevada not to be held liable, when.

Chap. CXI.–An Act making it unlawful for employers to enter into agreements with their employees, or persons about to enter their employment, not to become or continue as members of labor organizations; and prescribing penalties for violations thereof.

[Approved March 17, 1903.]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person, firm or corporation to make or enter into any agreement, either oral or in writing, by the terms of which any employee or such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall promise or agree not to become or continue a member of a labor organization, or shall promise or agree to become or continue a member of a labor organization.

      Sec. 2.  Any person or persons, firm or firms, corporation or corporations, violating the provisions of Section 1 of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty or more than three hundred dollars, or be imprisoned in the county jail for a period of not less than twenty-five days or more than five months, or by both such fine and imprisonment.

      Sec. 3.  All Acts or parts of Acts in conflict with the above are hereby repealed.

Agreement unlawful not to become a member of labor organization.

Penalty for violation.

Chap. CXII.–An Act to commission the officers of the Cadets of the State University by the Governor.

[Approved March 17, 1903.]

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

Assembly, do enact as follows:

      Section 1.  The officers of cadets, between and including the ranks of Second Lieutenant and Major, must be selected by the Chief Military Instructor, with the assent of the President of the University,

Cadets commissioned.

Rank of appointees.

dent of the University, and must be commissioned by the Governor; provided, any commission may be revoked at any time by the Governor upon the recommendation of the Chief Military Instructor and of the President of the University.

      Sec. 2.  Upon graduating or retiring from the University, such officers may resign their commissions or hold the same as retired officers of the University Cadets, liable to be called into service by the Governor in case of war, invasion, insurrection or rebellion.

Right of way for railroad in Lincoln county.

Rights, etc., under certain Acts.

Chap. CXIII.–An Act to grant the right of way to T. E. Gibbon and his associates for the construction of a railroad from the Vegas valley, in Lincoln county, in a northerly direction to the intersection of the forty-second parallel of latitude north.

[Approved March 17, 1903.]

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

Assembly, do enact as follows:

      Section 1.  The right of way, two hundred feet in width, on which to locate, construct, maintain and operate, either by steam or electric power, a narrow or broad-gauge railroad with iron or steel rails, by such route as they may deem most feasible and advantageous, from a point in the Vegas valley, Lincoln county, Nevada, thence in a westerly and northerly direction, to a point of intersection with the forty-second parallel of latitude north, is hereby granted to T. E. Gibbon, and his associates and assigns, for the term of fifty years; provided, that the construction of said railroad shall be commenced within one year from the date of the passage of this Act, and shall be completed within five years thereafter.

      Sec. 2.  The said T. E. Gibbon, his associates and assigns, shall have all the rights, privileges and franchises conferred upon railroad companies incorporated in this State by the provisions of “An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the Acts amendatory thereof or supplemental thereto, so far as the same are consistent with the provisions of this Act.