said officer for the last preceding month, and the County Treasurer shall pay said warrant.

Chap. CXXXVI.–An Act to establish branch county jails in the several counties in this State, defining the powers of the Boards of County Commissioners in relation thereto, and other matters properly connected therewith.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of the several counties of the State of Nevada are hereby authorized to establish, by an order to be entered in their minutes, a branch county jail in any town in such counties, whenever in their judgment the public needs require it, and to provide that persons charged with or convicted of a misdemeanor in such town or other town or townships mentioned in the order shall be imprisoned in such branch county jail instead of in the county jail at the county seat; provided, that nothing in said order shall prohibit any Judge or Justice of the Peace before whom such conviction may be had from ordering any such prisoner to be imprisoned in the county jail at the county seat of the county wherein such conviction may be had where the public safety or the safety of such prisoner may require it.

      Sec. 2.  The Sheriff, with the approval of the Board of County Commissioners of any county wherein any branch county jail has been established, is hereby empowered to appoint a deputy who shall act as jailer for the same and who shall have the custody thereof and of the prisoners therein, and whose compensation shall be fixed by the Board of County Commissioners and shall be paid out of the General Fund of such county; provided, whenever by an order of the Board of County Commissioners such jailer after being appointed is not longer or for a time required, such Board may cease to allow any compensation after notifying the Sheriff of such order.

      Sec. 3.  The Board of County Commissioners of any county wherein such branch county jail has been established and for which a jailer has been appointed in the manner provided by this Act, may direct the jailer of such branch county jail to work the prisoners imprisoned therein, on the public streets of such town or on the public roads of such district wherein such branch county jail is located.

Branch county jails in all counties.

Proviso.

Jailers.

Proviso.

Prisoners to work on roads.

Railroad franchise in Churchill County.

Proviso.

Motive power.

Railroad Acts to apply.

Chap. CXXXVII.–An Act to grant the right of way to John T. Reid and his associates, their successors and assigns, for the construction and operation of a railroad within Churchill County, State of Nevada, from either the Town of Hazen or Parren Station therein, on or near the tract of the Central or Southern Pacific Railway Company, as said grantees may select, to the Nevada United Mining Company’s mines at Copper-Reid, in Churchill County, and matters relating thereto.

[Approved March 27, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The right of way, not to exceed two hundred feet in width, to locate, construct, maintain and operate a narrow or broad-gage railroad with iron or steel rails, together with necessary sidetracks, switches, turnouts, and turntables, over or along such route as may be deemed most feasible and advantageous from a point at or near the railroad tracks of the Central or Southern Pacific Railway Company in Churchill County, at either the Town of Hazen or Parren Station, as the said grantees herein may select, to the Nevada United Mining Company’s mines at Copper-Reid, in said Churchill County, is hereby granted to John T. Reid, and his associates, their successors and assigns for the term of fifty years; provided, that the construction of said railroad shall be commenced within eighteen months from the passage of this Act and completed within five years.

      Sec. 2.  That the motive power of said railroad may be either steam, gasoline or electricity.

      Sec. 3.  That the said John T. Reid and his associates, their successors and assigns shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State of Nevada under and pursuant of 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, as far as the same are consistent with the provisions of this Act.

Town of Fallon incorporated.

Chap. CXXXVIII.–An Act to incorporate the Town of Fallon and to establish a government therefor.

[Approved March 27, 1907.]

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 the purposes hereinafter mentioned, the inhabitants of that portion of Churchill 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 Town of Fallon, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts.

within the limits hereinafter set forth, shall be and constitute a body politic and corporate by the name and style of the Town of Fallon, 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 Town of Fallon shall include all the inhabitants, lands and tenements included in the east half of the southeast quarter of section twenty-five, and the east half of the northeast quarter of section thirty-six in township nineteen north, range twenty-eight east, Mount Diablo base and meridian; the southwest quarter of section thirty; the west half of the southeast quarter of section thirty; the northwest quarter of section thirty-one, and the west half of the northeast quarter of section thirty-one in township nineteen north, range twenty-nine east, Mount Diablo base and meridian.

      Sec. 2.  The corporate powers of the Town of Fallon shall be vested in a Mayor and four Councilmen, who shall constitute the Town Council. The Mayor and Councilmen shall be actual and bona fide residents and taxpayers of the Town of Fallon, and shall be chosen by the taxpayers whose names appear on the official register for the last preceding election as residents within the corporate limits of the Town of Fallon. The Mayor and Councilmen shall serve for the term of two years from and after the date of their qualification, and they shall receive no salary or compensation for their services. The Mayor shall be the chief executive of the Town of Fallon, and must exercise a careful supervision of 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 vote, except in case of 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 unanimous vote of the whole Council 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 ordinances so submitted he must, within five days from the receipt thereof, return the same to the Town 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.

election.

      Sec. 3.  The first election shall be held on the first Tuesday in May, 1907, and on the first Tuesday in May in each second year at such place in the town as the Council shall designate.

      Sec. 4.  Special elections may be called by resolution of the Council, and held at such times as the Council shall determine, the purpose and object of which shall be fully set forth in the resolution calling such election.

Boundaries defined.

Corporate powers; Mayor and four Councilmen.

Term of office.

Duties of Mayor.

Unanimous vote of Council to defeat Mayor’s veto.

First election.

Special elections.

Officers of election.

Elections to be advertised.

Ballot boxes.

Hours of election.

Canvass public.

the Council, and held at such times as the Council shall determine, the purpose and object of which shall be fully set forth in the resolution calling such election.

      Sec. 5.  The Town Council shall appoint two Inspectors of Election, and two Clerks, at least ten days before any general or special election. And they shall conduct said election in accordance with the laws of this State governing elections; provided, that no member of the Board of Election of the Town of Fallon shall receive a greater sum than seven dollars and fifty cents in full compensation for all services in said election.

      Sec. 6.  Notice of the time and place of holding any election, and of the officers to be elected, and the questions to be voted upon shall, except as herein otherwise provided, be given by the Clerk, at least eight days before such election, by posting such notices in three public places in the Town of Fallon, and by publishing a copy thereof in a newspaper if any is published therein, the same length of time before the election; and in case of a special election, the notice shall set forth the purpose and object of the election as fully as the same are required to be set forth in the resolution appointing such election.

      Sec. 7.  Council shall provide and cause to be kept by the Clerk, for use at all elections, suitable ballot boxes of the kind required by law to be kept.

      Sec. 8.  On the day of elections, in accordance with law, the polls shall be opened at eight o’clock in the morning, and shall be kept open until five o’clock in the afternoon, at which hour they shall be finally closed. The Inspectors shall cause proclamation to be made of the opening and closing of the polls.

      Sec. 9.  Immediately after closing the polls, the Inspectors of Election shall, without adjourning, publicly canvass the votes received by them, and declare the results, and shall on the same day or the next day make a statement in writing, setting forth in words at full length, the whole number of votes given for each office, the name of the persons for whom such votes for each office were given, and the number of votes so given for each person and the whole number of votes given upon each question voted, and the number of votes for and against the same, which statement shall be certified under the hands of the Inspectors to be correct, and they shall deposit such statement and cetificate on the day of election, or on the next day, together with said poll lists, and the register of electors, and the boxes containing said ballots in the office of the Town Clerk. The manner of canvassing said votes shall be the same as prescribed by law for canvassing votes at general elections held in this State, and the Inspectors shall in all other respects, except as herein otherwise provided, conform as nearly as may be to the duties required of Inspectors of Election at such elections.

      Sec. 10.  The Council shall convene on Thursday next succeeding each election, at their usual place of meeting, and determine the result of the election upon each question and proposition voted upon, and what persons were duly elected at the said election to the several offices respectively; and thereupon the Clerk shall make duplicate certificates of such determination, showing the result of the election upon any question or proposition voted upon, and what persons are declared elected to the several offices respectively; one of which certificates he shall file in the office of the County Clerk of the county in which the town is located, and the other shall be filed in the office of the City Clerk.

determine the result of the election upon each question and proposition voted upon, and what persons were duly elected at the said election to the several offices respectively; and thereupon the Clerk shall make duplicate certificates of such determination, showing the result of the election upon any question or proposition voted upon, and what persons are declared elected to the several offices respectively; one of which certificates he shall file in the office of the County Clerk of the county in which the town is located, and the other shall be filed in the office of the City Clerk.

      Sec. 11.  It shall be the duty of the Town Clerk within five days after the meeting and determination of the Council as provided in this chapter, to notify each person elected, in writing, of his election; and he shall also, within five days after the Council shall appoint any person to any office, in like manner notify such person of the appointment.

      Sec. 12.  Within one week after the expiration of the time in which any official bond or oath of office is required to be filed, the Clerk shall report in writing to the Council the names of all persons elected or appointed to any office, who shall have neglected to file such oath or bond.

vacancies in office.

      Sec. 13.  Resignations of officers shall be made to the Council, subject to their approval and acceptance.

      Sec. 14.  If any such officer shall cease to be a resident of the town during his term of office, the office shall be thereby vacated. If any officer shall be a defaulter, the office shall thereby be vacated.

      Sec. 15.  If any person elected or appointed to office shall fail to take and file the oath of office, or shall fail to give the bond or security required for the due performance of the duties of his office within the time limited therefor, the Council may declare the office vacant, unless previously thereto he shall file the oath and give the requisite bond or security.

      Sec. 16.  A vacancy in the office of Mayor, or any Councilmen, shall be filled by appointment of the Council. Vacancies in any other office shall be filled by appointment by the Council, within twenty days after the vacancy occurs.

      Sec. 17.  The resignation or removal of any officer shall not, nor shall the appointment or election of another to the office, exonerate such officer or his sureties from any liability incurred by him or them.

      Sec. 18.  Whenever any officer shall resign or be removed from office, or the term for which he shall have been elected or appointed shall expire, he shall, on demand, deliver over to his successor in office, all the books, papers, moneys, and effects in his custody as such officer, or in any way appertaining to his office; and every person violating this provision shall be deemed guilty of a misdemeanor, and be proceeded against in the same manner as public officers generally for the like offense under the general laws of this State, now or hereafter in force and applicable thereto; and every officer appointed or elected shall be deemed an officer within the meaning and provision of such general laws of this State.

Council, when to convene for declaring results of elections.

Town Clerk to notify elected officers.

Bond or oath of office.

Resignations.

Removal or defalcation makes vacancy.

Failure to take oath, etc., vacancy.

Vacancies filled by Council.

Resignation does not release bond.

Officer removed or resigned to deliver city property.

Failure a misdemeanor.

Duties of Mayor.

Same.

Same.

Mayor pro tem to act.

Duties of Town Clerk.

the like offense under the general laws of this State, now or hereafter in force and applicable thereto; and every officer appointed or elected shall be deemed an officer within the meaning and provision of such general laws of this State.

duties of officers.

      Sec. 19.  The Mayor shall be the chief executive officer of the town. He shall preside at all meetings of the Council. He shall be deemed a member of the Council, and shall have the right to vote on all questions before the Council; he shall not be required to vote except in cases of tie, in which case he shall give the deciding vote. He shall from time to time give the Council information concerning the affairs of the corporation, and recommend such measures as he may deem expedient. It shall be his duty to exercise supervision over the affairs of the town, and over the public property belonging thereto; see that the laws relating to the town and the ordinances and regulations of the Council are enforced.

      Sec. 20.  The Mayor shall be a conservator of the peace and may exercise within the town the powers conferred upon Sheriffs to suppress disorder; and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the Council and to suppress riots and disorderly conduct.

      Sec. 21.  The Mayor may remove any officer appointed by him at any time, and may suspend any policeman for neglect of duty. He shall have authority at all times to examine and inspect the books, records, and papers of any agent, employee, or officer of the corporation, and shall generally perform all such duties as are or may be prescribed by the ordinances of the town.

      Sec. 22.  In the absence or disability of the Mayor, or any vacancy in his office, the Mayor pro tempore of the Council shall perform the duties of Mayor.

      Sec. 23.  The Town Clerk shall have [keep] the corporate seal and all the documents, official bonds, papers, files and records of the town not by this Act or the ordinances of the town entrusted to some other officer; he shall be Clerk of the Common Council and shall attend its meetings. In case of the absence of the Clerk, or if from any cause he shall be unable to discharge or be disqualified from performing the duties of his office, then the Council may appoint one of their own number or some other person to perform the duties of the Clerk for the time being. The Clerk shall record all the proceedings and resolutions of the Council, and shall record or cause to be recorded all the ordinances of the town. He shall countersign and register all licenses granted; he shall, when required, make and certify, under the seal of the town, copies of the papers and records filed and kept in his office; and such copies shall be evidence in all places of the matters therein contained to the same extent as the original would be; he shall possess and exercise the power of Town Clerk so far as the same is required to be performed within the town, and he shall have authority to administer oaths and affirmations.

possess and exercise the power of Town Clerk so far as the same is required to be performed within the town, and he shall have authority to administer oaths and affirmations.

      Sec. 24.  The Town Clerk shall be the general accountant of the town; and all the claims against the corporation shall be filed with him for adjustment; after examination thereof, he shall report the same, with all accompanying vouchers and counter-claims of the town and the true balance as found by him, to the Council for allowance, and when allowed shall draw his warrant upon the Treasurer for the payment thereof, designating thereon the fund from which payment is to be made, and take proper receipts therefor; but no warrant shall be drawn upon any fund after the same has been exhausted. When any tax or money shall be levied, raised or appropriated, the Clerk shall report the amount thereof to the Town Treasurer, stating the objects and funds for which it is levied, raised, or appropriated, and the amounts thereof to be credited to each fund.

      Sec. 25.  The Town Clerk shall have charge of all the books, vouchers, and documents relating to the accounts, contracts, debts and revenues of the corporation; he shall countersign and register all bonds issued, and keep a list of all property and effects belonging to the town, and of all its debts and liabilities; he shall keep a complete set of books, exhibiting the financial condition of the corporation in all its departments, funds, resources and liabilities, with a proper classification thereof, and showing the purpose for which each fund was raised; he shall record all official bonds of the town, in a book prepared for the purpose; he shall also keep an account with the Treasurer, in which he shall charge him with all the moneys received for each of the several funds of the town, and credit him with all warrants drawn thereon, keeping an account with each fund.

      Sec. 26.  The Clerk shall report to the Council whenever required a detailed statement of the receipts, expenditures, and financial condition of the town, of the debts to be paid, and moneys necessary to meet the estimated expenses of the corporation, and shall perform such other duties pertaining to his office as the Council may require.

      Sec. 27.  The Town Treasurer shall have the custody of all moneys, bonds other than official, mortgages, notes, leases, and evidences of value, belonging to the town. He shall receive all moneys belonging to and receivable by the corporation, and keep an account of all receipts and expenditures thereof. He shall pay no money out of the treasury, except in pursuance of and by authority of law, and upon warrant signed by the Clerk and the Mayor, which shall specify the purpose for which the amounts thereof are to be paid. He shall keep an account of, and be charged with, all taxes and moneys appropriated, raised or received, for each fund of the corporation, and shall keep a separate account of each fund, and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund raised for the purpose for which the warrant was issued.

Duties of Town Clerk.

Same.

Same.

Duties of Town Treasurer.

Duties of Town Treasurer.

Same.

Same.

Town Marshal, Chief of Police.

Duties of Marshal.

and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund raised for the purpose for which the warrant was issued.

      Sec. 28.  The Treasurer shall render to the Clerk on the first Monday of every month, if required, a report of the amounts received and credited to each fund, and what amount received, and the amount paid out by him during the preceding month, and the amount of money remaining in his hands on the day of the report. He shall also exhibit to the Council annually, on the first Monday in May, and as often and for such period as the Council shall require, a full and detailed account of the receipts and disbursements of the treasury since his last report, and the balance remaining in his hands, which account shall be filed in the office of the Clerk, and all annual accounts shall be published in one of the newspapers of the town if any be published therein.

      Sec. 29.  The Treasurer is to take vouchers for all moneys paid out from the treasury showing the amount and fund from which the payment was made, which vouchers upon settlement with the proper officers of the town shall be surrendered and filed with the Town Clerk.

      Sec. 30.  The Treasurer shall keep all moneys in his hands belonging to the town separate and distinct from his own moneys, and he is hereby prohibited from using, either directly or indirectly, the corporation’s money, warrants, or evidences of debt in his custody or keeping, for his own use or benefit, or that of any other person; any violation of the provisions of this section shall work a forfeiture of his office, and the Council, on proof of the facts, is authorized to declare the office vacant and appoint his successor for the remainder of the term.

      Sec. 31.  The Town Marshal shall be Chief of Police of the town. As police officer he shall be subject to the direction of the Mayor and Council. It shall be his duty to see that all the ordinances and regulations of the Council, made for the preservation of quiet, good order, and for the safety and protection of the inhabitants of the town, are promptly enforced. As peace officer he shall within said town be vested with all the powers conferred upon Sheriffs for the preservation of quiet and good order. He shall serve and execute all process directed or delivered to him, in all proceedings for violation of ordinances of the town. Such process may be served anywhere within the County of Churchill.

      Sec. 32.  The Marshal shall keep a record of all arrests and the cause thereof, and shall enter therein, within twenty-four hours after any person shall be arrested, the name of the person so arrested, the cause of the arrest, the age and nationality of the person arrested, and, if discharged without being brought before the court, the reason for such discharge, which record shall be the property of the town.

      Sec. 33.  The Marshal shall report in writing and on oath to the Council at their first meeting in each month, all arrests made by him and the cause thereof, and all persons discharged from arrest during the month; also the number remaining in confinement for breaches of ordinances of the town; the amount of all fines and fees collected by him. All moneys collected or received by the Marshal, shall be paid into the town treasury within one week after having been received, and the Treasurer’s receipt therefor shall be filed with the Clerk. The Town Marshal shall be ex officio Street Commissioner, and shall cause to be performed all such labor, repairs, and improvements upon the streets, sidewalks, alleys, bridges, reservoirs, drains, culverts, sewers, public grounds, and parks within the town, as the Council shall direct to be done [by] or under his supervision; and to oversee and do whatever may be required of him in relation thereto by the Council.

      Sec. 34.  He shall make a report to the Council, in writing and on oath, once in each month, giving an exact statement of all labor performed by him, or under his supervision, and the charges therefor, the amount of material used, and the expense thereof, and the street or place where such material was used, or labor performed; and further showing the items and purpose of all expenses incurred since his last preceding report.

      Sec. 35.  The Assessor shall perform such duties in relation to assessing property and levying taxes in the town as are prescribed by this Act. The County Treasurer of the County of Churchill shall be ex officio Treasurer of the Town of Fallon; the County Clerk of the County of Churchill shall be ex officio Clerk of the Town of Fallon; the District Attorney of the County of Churchill shall be ex officio Attorney of the Town of Fallon, and they shall receive such compensation as the Town Council shall prescribe, which amount shall not exceed the sum of one hundred and fifty dollars per annum each for the Clerk, Town Attorney and Treasurer. They shall be liable on their official bond for the faithful discharge of the duties imposed on them by this Act.

town council.

      Sec. 36.  The legislative authority of the town subject to the provisions of this Act shall be vested in a Council consisting of the Mayor and Councilmen.

      Sec. 37.  The Mayor of the town shall be President of the Council, and preside at the meetings thereof.

      Sec. 38.  On the fourth Monday in May, in each year, or as soon thereafter as may be, the Council shall appoint one of their number as Mayor pro tempore of the Council, who in the absence of the Mayor, shall preside at the meeting thereof, and exercise the powers and duties of the Mayor.

      Sec. 39.  The Council shall hold regular stated meetings for the transaction of business, at such time as it shall prescribe, not less than one of which shall be held in each month.

Duties of Marshal.

Ex officio Street Commissioner.

Duties of Street Commissioner.

County officers ex officio officers of Town of Fallon.

Compensation.

Legislative authority.

President of Council.

Mayor pro tempore.

Monthly and special meetings.

Proviso.

Meetings public.

Quorum.

Restriction.

Rules.

Vote recorded.

No officer to have pecuniary interest in contracts.

Style of ordinance.

Penalties for violation of ordinances.

scribe, not less than one of which shall be held in each month. The Mayor or any two members of the Council may appoint special meetings thereof, notice of which in writing shall be given to each Trustee, or be left at his place of residence at least eighteen hours before the meeting; provided, that if all the members of the Council shall be present at any special meeting, no notice of such meeting shall be required.

      Sec. 40.  All meetings and sessions of the Council shall be public. A majority of the Council shall be a quorum for the transaction of business; a less number may adjourn from time to time and compel the attendance of absent members in such manner as shall be prescribed by ordinance. But no office shall be created or abolished, nor any tax or assessment be imposed, street, alley or public ground be vacated, real estate or any interest therein sold or disposed of, unless by a concurring vote of two-thirds of all the Trustees elect; no money shall be appropriated except by ordinance or resolution of the Council, nor shall any ordinance be passed, nor any resolution appropriating money be adopted, except by a concurring vote of two-thirds of all Councilmen elect.

      Sec. 41.  The Council shall prescribe the rules of its own proceedings, and keep a record thereof. All votes for special improvements, or appropriating money, shall be taken by yeas and nays, and shall be so entered upon the journal.

      Sec. 42.  No member of the Council, nor any officer of the corporation, shall be directly or indirectly interested in any contract or service made by or to be performed for the corporation; provided, that this shall not prevent officers receiving compensation authorized by this Act. Any violation of the provisions of this section shall work forfeiture of the office, and on proof thereof the Council may declare the office vacant.

ordinances.

      Sec. 43.  The style of all ordinances shall be: “The Town of Fallon ordains.” All ordinances shall require for their passage the concurrence of a majority of the Council. No ordinance imposing a penalty shall take effect in less than fifteen days after its passage.

      Sec. 44.  When by the provisions of this Act the Council has authority to pass ordinances for any purpose, they may prescribe fines, penalties and forfeitures not exceeding five hundred dollars, or imprisonment not exceeding two hundred and fifty days, or both, in the discretion of the court, together with costs of prosecution, for each violation of said ordinances, and may provide that the offenders on failing to pay such fine, penalty or forfeiture and the costs of the prosecution, may be imprisoned for any time not exceeding two hundred and fifty days, unless the payment thereof be sooner made, and also that the offender be kept at labor during such imprisonment. Such fine, penalty or forfeiture and imprisonment for the violation of any ordinance shall be prescribed in the ordinance, and if imprisonment be adjudged in any case, it may be in the town prison or in the county jail of the county, or in any other place of confinement provided by the town for such purpose, in the discretion of the court.

and if imprisonment be adjudged in any case, it may be in the town prison or in the county jail of the county, or in any other place of confinement provided by the town for such purpose, in the discretion of the court.

      Sec. 45.  All ordinances, when regularly enacted, shall be recorded by the Clerk of the Council in a book to be called “Ordinances,” and it shall be the duty of the Mayor and Clerk to authenticate the same by their official signatures upon such record.

      Sec. 46.  Within one week after the passage of any ordinances the same shall be published in a newspaper printed in the town, and the Clerk shall, immediately after such publication, enter in the record of ordinances, in blank spaces to be left for such purpose, the record of the ordinances, a certificate under his hand, stating the time and the newspaper in which the same was published; such certificate shall be the prima facie evidence of the due publication of the ordinance.

      Sec. 47.  Whenever it shall be necessary to prove any of the laws, regulations or ordinances of the town, or any resolution adopted by the Council thereof, the same shall be read in all courts of justice and in all proceedings:

      First-From a record thereof kept by the Town Clerk;

      Second-From a copy of the ordinance, or of the record thereof, certified by the Clerk under the corporate seal of the town;

      Third-From any volume of ordinances purporting to have been written or printed by authority of the Council.

      Sec. 48.  Prosecution for violation of the ordinances of the town shall be commenced within two years after the commission of the offense, and shall be brought within the town. The Justice of the Peace of New River Township shall have authority to hear, try and determine all causes and suits arising under the ordinances of the town, and to inflict punishments for violations thereof as provided in the ordinances, and in the event of his being disqualified the nearest Justice of the Peace shall have the same jurisdiction as the Justice of New River Township.

      Sec. 49.  Whenever a penalty shall be incurred for the violation of any ordinance, and no provision shall be made for the imprisonment of the offender upon conviction thereof, such penalty may be recovered in an action in the name of the town. And when a corporation shall incur a penalty for the violation of any such ordinance, the same shall be sued for in an action at law. Prosecutions for all violations of the ordinances of the town, may, in all cases except corporations, be commenced by warrants for the arrest of the offender. Such warrant in the name of the State of Nevada shall set forth the substance of the offense complained of, and be substantially of the form and be issued upon complaint made, as provided by law in criminal cases cognizable by Justices of the Peace.

Book of ordinances.

Ordinances published and authenticated.

Ordinances, how proven in court.

Limitation for prosecution.

Penalty, how recovered.

As in Justice Courts.

Town to have use of county jail.

Ordinance cited by title sufficient.

Appeal to District Court as in Justice Courts.

Town prison.

the Peace. And the proceedings relating to the arrest and custody of the accused during the pendency of the suit, the pleadings and all proceedings upon the trial of the cause and in procuring the attendance and testimony of witnesses, and in the rendition of judgment and the execution thereof shall, except as otherwise provided in this Act, be governed by and conform, as nearly as may be, to the provision of law regulating the proceedings in criminal causes cognizable by Justices of the Peace.

      Sec. 50.  The Town of Fallon shall be allowed the use of the jail of the County of Churchill for the confinement of all persons liable to imprisonment under the ordinances thereof, or under any of the provisions of this Act, and the Sheriff, or other keeper of such jail, shall receive and safely keep any person committed thereto as aforesaid, until lawfully discharged. In all cases of imprisonment for breaches of the penal law of this State, such receiving and keeping in such jail shall be at the expense of the Town of Fallon.

      Sec. 51.  It shall not be necessary in any suit, proceeding or prosecution for the violation of any ordinance, to state or set forth such ordinance, or any of the provisions thereof, in any complaint, warrant, process or pleading therein, but the same shall be deemed sufficiently set forth or stated by reciting its title and the date of its passage, adoption or approval. And it shall be a sufficient statement of the cause of action in any such complaint or warrant to set forth substantially and with reasonable certainty as to time and place the act or offense complained of, and to allege the same to be in violation of an ordinance of the town, referring thereto by its title and the date of its passage, adoption or approval.

      Sec. 52.  Any person convicted of a violation of any ordinance of the town may remove said proceeding into the District Court of the Second Judicial District of the State of Nevada in and for the County of Churchill by appeal, and the time for such appeal and the proceedings therefor and the bond or security to be given thereon, and the proceedings and disposition of cause in the District Court, shall be the same as on appeal in criminal cases cognizable by Justices of the Peace; and all suits to which the town may be a party, brought to recover any penalty for such violation, either party may appeal from the judgment to the District Court and the like proceedings shall be had therefor and thereon, and the like proceedings shall be had therefor and thereon, and the like bond or security shall be given as in cases of appeal in civil cases tried before a Justice of the Peace, except that the town shall not be required to give any bond or security thereon.

      Sec. 53.  The Council shall have power to provide and maintain a town prison, and such watch or station house as may be necessary, and may provide for the confinement therein of all persons liable to imprisonment or detention under the ordinances of the town, and for the employment of those imprisoned therein.

      Sec. 54.  All fines imposed for violation of the ordinances, if paid before the accused is committed, shall be received by the court or magistrate before whom the conviction was had. If any fines shall be collected upon execution, the officer or person receiving the same shall immediately pay over the money collected to the said court or magistrate. If the accused be committed, the payment of the fine and costs shall be made to the Sheriff or other keeper of the jail or prison, who shall within ten days thereafter pay the same to said court or magistrate, and the court or magistrate receiving such fine or penalty, or any part thereof, shall on or before the first Monday of the next month pay the same to the Town Treasurer and take his receipt for the same, and file the same with the Town Clerk.

      Sec. 55.  If any person who shall have received any such fine or any part thereof shall neglect to pay over the same pursuant to the foregoing provision, it shall be the duty of the Town Council to cause suit to be immediately commenced therefor in the name of the town, and to prosecute the same to effect. Any person receiving any such fine who shall wilfully neglect or refuse to pay over the same as required by the foregoing provisions shall be deemed guilty of misdemeanor, and shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed fifty days.

powers of council.

      Sec. 56.  The Town of Fallon, subject to the provisions of this Act shall, in addition to such other powers as are conferred, have the general authority herein granted, and the Council may pass such ordinances in relation thereto as they may deem proper, namely:

      First-To restrict and prevent vice and immorality, noise, and disturbance, indecent or disorderly assemblages, and to punish for the same; to prevent and quell riots; to preserve peace and good order, and to protect the property of the corporation, and of its inhabitants, and of any association, public or private corporation or congregation therein, and to punish injuries thereto, or for any unlawful interference therewith.

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

Fines to go to town treasury.

Suit for fines.

Powers of Town Council.

Restrict and prevent vice, etc.

Punish drunkenness, etc.

Promote public health.

Suppress immorality.

Regulate sale of liquor.

License certain trades, businesses and callings.

conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, alleys, or other unsafe places anywhere within the town; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding, or the riding or breaking to drive of wild or unmanageable horses in the town; to require that all horses when left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held or otherwise kept on the streets or alleys of the city.

      Third-To prevent injury or annoyance from anything dangerous, offensive or unhealthy; to prohibit and remove anything tending to cause or promote disease; to prevent and abate nuisances, and to punish those occasioning them, or neglecting or refusing to abate, discontinue or remove the same, and generally to determine and declare what shall be deemed nuisances.

      Fourth-To prohibit and suppress all disorderly houses and places, houses of ill-fame and assignation houses.

      Fifth-To prohibit and prevent the selling or giving of any spirituous, fermented or intoxicating liquors to any drunkard or intemperate person or minor, and to punish any person so doing.

      Sixth-To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the town, including all theaters or melodeon performances and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or inclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and all exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies operating in whole or in part within the town. To fix, impose and collect a license tax on, regulate, prohibit or suppress all tippling houses, dram shops, saloons, bars, bar-rooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this State. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all saloons, bar-rooms, gambling games, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, cattle or horse corrals, foundries and machine shops.

voyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress all houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses and saloons having any special attractions, such as music or otherwise. To fix, impose and collect a license tax on and regulate all professions, trades, callings and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, warehouses, cold storage plants, daily weekly, semi-weekly, monthly and semi-monthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, or shoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or poll games, or other or any table games played with cue and balls, or any mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroads, telegraph and telephone companies, stage companies, electric light, water and power companies, bankers, brokers of any, every and all kinds, electrical supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, dairymen, second-hand stores, messenger service establishments, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents or solicitors for the same, real estate agents, real estate solicitors, pop-corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by bill-boards, placards and the like, bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the Council must, as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder the Council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association or corporation thus licensed.

License certain trades, businesses and callings.

License certain trades, businesses and callings.

Saloons, etc.

Dog tax.

Coaches, etc.

Runners.

Chain-gang.

Terms of licenses.

Fire limits and fire precautions.

Pound.

the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by bill-boards, placards and the like, bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the Council must, as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder the Council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association or corporation thus licensed.

      Seventh-To fix and collect a license tax on, and regulate all saloons, bar-rooms, dram shops, bars, tippling houses or where spirituous, malt, vinous or intoxicating liquors are sold or given away.

      Eighth-To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not have been paid.

      Ninth-To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, and all other vehicles used for hire, also express wagons, drays, job wagons and to regulate the rates of fare, and require schedules of rates to be posted on or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns, or other business.

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

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

      Twelfth-To establish, lay out and change fire limits and regulate and prevent the erection and repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits and to prevent the erection or construction of any buildings or sheds of other materials; to regulate, prescribe the material of or prohibit awnings, porches, signs, placards or billboards over sidewalks or across streets, and to regulate the same throughout the town.

      Thirteenth-To prevent or regulate the running at large in the town of any poultry, hogs, sheep, goats, swine, horses, cows or animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large.

authorize the impounding, sale or disposal of any animals found running at large.

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

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

      Sixteenth-To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing any obscene or indecent drawings, engravings, paintings, books or pamphlets, and all obscene or indecent exhibitions and shows of every kind.

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

      Eighteenth-To provide for the lighting of the streets and public buildings and places of the town and to regulate such lighting.

      Nineteenth-To compel the owner of any grocery, tallow-chandler shop, soap or candle factor, butcher shop or stall, slaughter house, stable, barn, corral, sewer, privy or other offensive, nauseous or unwholesome place or house, to cleanse, remove or abate the same, whenever the Council shall deem it necessary for the health, comfort or convenience of the inhabitants of the town; the expense thereof to be paid by the person causing, maintaining or committing the same.

Regulate buildings, chimneys, sewers, etc.

Inspection of food, weights and measures.

Suppress incendiaries.

Regulate price of public utilities.

Public lighting.

Regulate unwholesome industries.

Public Engineer.

To control property of town

Proviso.

Trees and shrubbery.

Regulate pipe lines, wires, etc.

Abate nuisances.

City registration of voters.

offensive, nauseous or unwholesome place or house, to cleanse, remove or abate the same, whenever the Council shall deem it necessary for the health, comfort or convenience of the inhabitants of the town; the expense thereof to be paid by the person causing, maintaining or committing the same.

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

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

      Twenty-second-To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the town, and to prescribe the punishment for such injury and interference.

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

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

      Twenty-fifth-To provide by ordinance, for a supplemental registration of all persons possessing the requisite qualifications of voters in said town and whose names do not appear on the official register of voters in said town for the next preceding general election; such supplemental registration may be had every two years, before the Justice of the Peace, and conform as nearly as possible to the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular town election, and the registration books shall be closed at least ten days before the day of election.

preceding general election; such supplemental registration may be had every two years, before the Justice of the Peace, and conform as nearly as possible to the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular town election, and the registration books shall be closed at least ten days before the day of election.

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

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

police.

      Sec. 57.  The Council may by ordinance provide for a police force, and for the appointment by the Mayor, by and with the consent of the Council, of such number of policemen and night watchmen as they may think necessary for the good government of the town, and for the protection of the persons and property of the inhabitants; and may authorize the Mayor to appoint special policemen from time to time when in his judgment the emergency requires.

      Sec. 58.  The Town Marshal, subject to the direction of the Mayor, shall, as Chief of Police, have the superintendence and direction of the policemen and night watchmen, subject to such regulations as may be prescribed by the Council. For the preservation of the peace, the police and watchmen shall have all the powers given by law to Constables. It shall be their duty to suppress all riots, disturbance and breaches of the peace; to arrest all persons fleeing from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the State, or violating the ordinances of the town, and to take the offender before the proper magistrate or officer to be punished; to make complaints before the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the Council, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the Council for the good government of the town.

Proviso.

Special ordinances.

Condemnation of property.

Police force.

Town Marshal, Chief of Police.

Duties.

Protection of public health.

Same.

Same.

Same.

Same.

be delivered to them for that purpose, and generally to perform all such duties as may be required by the Council for the good government of the town.

public health.

      Sec. 59.  The Council of the Town of Fallon may enact all such ordinances as may be deemed necessary for the preservation and protection of the health of the inhabitants thereof, and to prevent the introduction of malignant, infectious or contagious diseases within the town or within one mile thereof; and for the removal of persons having such diseases, or who, from exposure thereto, or otherwise, may be suspected or believed to be liable to communicate the same, either beyond the corporate limits, or to such hospital or place of treatment within the town as the Council may prescribe and the public safety may require.

      Sec. 60.  The Council shall have power to prevent and remove, or abate all nuisances dangerous to life and health within the town; and may require any person, corporation or company causing such nuisance, and the owner or occupant of any lot or premises upon or in which any such nuisance or cause of disease may be found, to remove or abate the same upon such notice, and within such time and in such manner as the Council may by ordinance or resolution direct.

      Sec. 61.  If any cellar, vault, lot, sewer, drain, place or premises within the town, shall be damp, unwholesome, offensive or filthy, or be covered during any portion of the year with stagnant or impure water, or shall be in such condition as to produce offensive exhalations, the Council may cause the same to be drained, filled up, cleansed or purified; or may require the owner or occupant, or person in charge of such lot, premises or place, to perform such duty; and may require the owner or occupant of such building, fence or structure which may be ruinous, or liable to fall and injure persons or property, to pull down or remove the same; or the Council may cause the same to be done by the proper officer of the town.

      Sec. 62.  If the owner or occupant of any lot or premises, when required by the Council or Board of Health to remove any unsafe buildings or structure, or to cleanse, purify or drain such lot or premises, or to abate or remove any nuisance therefrom, shall neglect to do so, and the Council shall incur any expense in causing the same to be done, such expense may be charged upon such lot or premises, and collected as a special assessment thereon.

      Sec. 63.  The Council, when they shall deem it necessary, may from time to time assign, by ordinance, certain places for the exercise of any trade or employment offensive to the inhabitants, or dangerous to the public health; and may forbid the exercise thereof in places not so assigned; and may change or revoke such assignments at leisure; and whenever a business carried on in any place so assigned, or in any other place in the town, shall become hurtful and dangerous to the health of the neighborhood, the Council may prohibit the further exercise of such business or employment at such place.

ness carried on in any place so assigned, or in any other place in the town, shall become hurtful and dangerous to the health of the neighborhood, the Council may prohibit the further exercise of such business or employment at such place.

      Sec. 64.  The Council may purchase the necessary lands and erect thereon, or otherwise provide, one or more hospitals, either within or without the corporation, and provide for the appointment of the necessary officers and employees for the management thereof, and for the care and treatment therein of such sick and diseased persons as the Council or Board of Health of the town shall seem proper; and by direction of the Council or Board, persons having any malignant, infectious, or contagious disease may be removed to such hospital, and there detained and treated, when the public safety may so require; and the Council may provide such restraints and punishments as may be necessary to prevent any such persons from departing from such hospital until duly discharged.

      Sec. 65.  The Council of the Town of Fallon, incorporated under this Act, shall have and exercise all the powers and authority conferred upon Boards of Health by the general laws of the State, so far as the same are applicable; and they may enact such ordinances as may be necessary for regulating the proceedings and mode of exercising such powers.

      Sec. 66.  When the Council shall deem it necessary they may establish a Board of Health for the town, and appoint officers therefor and make rules for its government and invest it with such powers and authority as may be necessary for the protection and preservation of the health of the inhabitants.

judicial department.

      Sec. 67.  The Justice of the Peace of New River Township, County of Churchill, shall, in addition to the duties imposed upon him by law, act as Police Judge of the Town of Fallon, and shall be ex officio Justice of the Peace, and shall have the powers and jurisdiction in said town as are now provided by law for Justices of the Peace, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said town or of this charter of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any town ordinance or any provision of this charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of Justice Courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the town jail of said town, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said town, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

Hospital.

Council to have same powers as Board of Health.

Town Board of Health.

Town Police Judge.

Jurisdiction of Police Court

Same.

Treated as Justice Court.

ment thereof enforced by imprisonment in the town jail of said town, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said town, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

      Sec. 67[1/2].  Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for town purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the town for the non-payment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the town from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the town, and any action for damages in which the town is a party, and upon all forfeited recognizances given to or for the use or benefit of the town, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the town, when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer, that the validity of any tax, assessment or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the District Court in like manner and with the same effect as provided for by law for certification of causes by Justice Courts.

      Sec. 68.  The said court shall have jurisdiction of the following offenses committed within the town, which violate the peace and good order of the town or which invade any of the police powers of the town or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the town.

      Sec. 69.  The said court shall be treated and considered as a Justice Court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by general law for Justices of the Peace. The Police Judge shall keep a docket in which shall be entered all official business in like manner as in Justice Courts.

Police Judge shall keep a docket in which shall be entered all official business in like manner as in Justice Courts. He shall render monthly or oftener, as the Council may require, an exact and detailed statement in writing, under oath, of the business done and of all fines colleeted, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the Town Clerk all fines collected and moneys received on behalf of the town since his last report.

      Sec. 70.  In all cases in which the Justice of the Peace shall by reason of being a party, or being interested, or related to either defendant or plaintiff or complaining witness as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any Justice of the Peace of said county on the written request of the Mayor, may act in the place and stead of said Justice of the Peace, and the Council shall have power to apportion ratably the salary or compensation of such Police Judge to such Justice of the Peace so serving, and deduct the sum so apportioned from the salary of such Justice of the Peace.

      Sec. 71.  Appeals to the District Court may be taken from any final judgment of said court, in the same manner and with the same effect as in cases of appeal from Justice Courts in civil or criminal cases, as the case may be.

      Sec. 72.  The Justice of the Peace shall receive such compensation as shall be fixed by the Council, which shall not exceed the sum of twenty-five dollars per month.

revenue and taxation.

      Sec. 73.  The Council shall annually, at the time prescribed by law for levying taxes for State and county purposes, levy a tax of not less than one-quarter of one per cent nor exceeding one per cent, upon all real and personal property within the town 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 town officers) as prescribed and provided in the revenue laws of the State for the collection of State and county taxes; and the revenue laws of the State shall, in every respect not inconsistent with the provisions of this charter, be deemed applicable and so held to the levying, assessing and collecting of the town taxes; provided, that in the matter of equalizing or equalization of assessments upon property the rights of the town and inhabitants thereof shall be protected in the same manner and to the same extent as is the State and county by the action of the County Board of Equalization. And whenever or whatever practicable and expedient, all forms and blanks in use in the levying, assessing and collecting of State and county revenue shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting of the revenues of the town.

When another Justice of the Peace shall act.

Appeals.

Compensation of Justice.

City taxes.

Town Treasurer to receive city taxes.

Sale of property for taxes due.

County Commissioners to apportion Road Fund.

Council to make revenue ordinances effective.

Council to pass on all claims or demands against town.

necessary, be used in levying, assessing and collecting of the revenues of the town. 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 town revenue.

      Sec. 74.  All general taxes collected under or by virtue of this charter or of any ordinance of the town, shall be paid to the Town Treasurer at the same time as payment for State and county taxes is made.

      Sec. 75.  All real and personal property levied upon for taxes due the town, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment, which shall include the taxes due and all costs. Property so sold shall be subject to redemption as in other cases; provided, that in so far as possible, the collection of the tax due the town shall be made by the Town Treasurer in the same manner and time as collection of taxes for State and county purposes, and the lien of said town for unpaid taxes to be enforced by the said Town Treasurer and the property sold for any delinquent tax due the town, in the same manner and with like effect as in the case of delinquent taxes levied for State and county purposes.

      Sec. 76.  The Board of County Commissioners of Churchill County, shall from time to time, upon the request of the Council, apportion to the town, such appropriation [proportion] of the General Bond [Road] Fund of the County of Churchill, as the value of the whole property within the corporate limits of the town, as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within the town, and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of the town, under the direction and control of the Council.

      Sec. 77.  The Council shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in said town and to enlarge, fix and determine the powers and duties of all officers in relation thereto.

claims and demands.

      Sec. 78.  The fees, salaries or other compensation of officers or other persons shall be regulated by regularly enacted ordinances as to salaries and by resolution as to compensation for persons not regularly employed by the town. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and duties of the town government and all claims against the town, whenever the nature of such claims will permit, shall be filed with the Town Clerk and acted upon by the Council at the first regular meeting thereafter, and the Council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal.

of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by a majority of the Council, the Town Clerk shall certify all such claims or portions allowed as the case may be; after the same is signed by the Mayor he shall draw a warrant for the same on the Treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented the Treasurer the same shall be paid by him.

      Sec. 79.  The holder of any demand or claim mentioned in this charter which has been rejected in whole or in part may, within six months after the date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if not so commenced, such claim or amount so rejected, together with the right of action thereon, shall be forever barred, and the Council shall not have power to allow or pay the same in whole or in part at any time subsequently. The action shall be against the town and the service of summons shall be made upon the Mayor. In cases of final recovery of judgment by the plaintiff no execution shall issue therefor, but the Council must allow the amount of the same with costs taxed, which judgment with such costs shall be paid in the order as presented; provided, nothing herein shall be so construed as to make the town liable for any damages suffered or incurred by any person for or by reason of any neglect of the town or any of its officers.

      Sec. 80.  No debts shall be created directly or indirectly against the town, nor shall any contract for supplies, water, gas, electric light or any supplies for the town, or any contract whatsoever made by or on behalf of the town, be valid for any amount exceeding the revenue for the year in which the contract is made, except as otherwise provided in the charter.

      Sec. 81.  No officer of the town shall be directly or indirectly interested in any contract with the town or with any officers thereof in their official capacity for, or in doing any work or furnishing any supplies for the use of the town or its officers in their official capacity, exceeding the sum of fifty dollars in any single transaction, and any claim for any amount in violation hereof shall be void, and if allowed, shall not be paid by the Treasurer. Any wilful violation of the provisions of this section shall be deemed a misdemeanor and punished as such and shall subject the offender to removal from office.

public buildings, grounds, and parks.

      Sec. 82.  The Town of Fallon may acquire, purchase, and erect such public buildings as may be required for the use of the corporation, may purchase, appropriate, and own such real estate as may be necessary for public grounds, parks, public buildings, and other purposes necessary or convenient for the public good, and for the execution of the powers conferred in this Act; and such buildings and grounds and any part thereof, may be sold at public sale, or leased, as occasion may require.

Holder of rejected claim may bring suit.

Proviso.

Amount of town debt limited.

Officers to have no pecuniary interest in contracts.

Town may acquire real estate for public purposes.

Town hall, etc.

Public parks.

Powers of Council as to streets, sidewalks, etc.

Same.

Same.

Same.

for the public good, and for the execution of the powers conferred in this Act; and such buildings and grounds and any part thereof, may be sold at public sale, or leased, as occasion may require.

      Sec. 83.  When the Council shall deem it for the public interest, grounds and buildings for a town hall, town prison and water-works may be purchased and erected and maintained. Water-works, electric light plant, and sewage outlets may be purchased, erected, and maintained beyond the corporate limits of the town, and in such cases the Council shall have authority to enfore beyond the corporate limits of the town, [and in such cases the Council shall have authority to enforce beyond the corporate limits of the town] and over such lands, buildings and property in the same manner and to the same extent as if they were within the town.

      Sec. 84.  The Council shall have authority to lay out, establish, or vacate and discontinue public parks within the town, to improve, light, and ornament the same, and to regulate the use thereof, and to protect the same and the appurtenances thereof from obstruction, encroachment, and injury.

streets and sidewalks.

      Sec. 85.  The Council shall have supervision and control of all public highways, bridges, streets, avenues, alleys, sidewalks, and public grounds within the town, and shall have the like authority over the same as is given by the general laws of the State.

      Sec. 86.  The Council shall have control of all sidewalks in the public streets and alleys of the town, and may prescribe the grade thereof, and change the same when deemed necessary. They shall have power to construct and maintain sidewalks and crosswalks in the public streets and alleys and charge the expense of the sidewalks upon the lots and premises adjacent to and abutting upon such walks.

      Sec. 87.  The Council shall have authority to require the owners and occupants of lots and premises to construct and maintain sidewalks in the public streets adjacent to and abutting upon such lots and premises, and to keep them in repair at all times, and to construct and lay same upon such lines and grades, and of such width, materials, and manner of construction, and within such time, as the Council shall by ordinance or resolution prescribe, and to keep the same free from obstruction, snow, ice, filth, or other nuisance.

      Sec. 88.  If the owner or occupant of any lot or premises shall fail to construct or maintain any particular sidewalk as mentioned and prescribed in the last section, the Council may cause such sidewalk to be constructed or repaired at the expense of such owner or occupant, and the amount of all expenses incurred by the Council thereby shall be levied as a special assessment upon the lot or premises adjacent to and abutting upon such sidewalk.

      Sec. 89.  The Council shall have power to regulate and prohibit the placing of signs, awnings, awning-posts, and of other things upon or over sidewalks, and to regulate or prohibit the construction and use of openings in the sidewalks, and all vaults, structures, and excavations under the same.

      Sec. 90.  The Council shall have power to lay out, establish, open, make, widen, extend, straighten, alter, close, vacate or abolish any highway, street, lane, alley, sidewalks, sewers, drain, watercourse, bridge, or culvert in the town whenever they shall deem the same a public improvement, or necessary for the public convenience; and if in so doing it shall be necessary to take or use private property, the same may be taken in the manner provided by the general law of the State. The expense of such improvement, except the amount paid for private property taken for public streets, may be paid by special assessments upon the property adjacent to, or bene fited by such improvement, in the manner in this Act provided for levying and collecting special assessments, or, in the discretion of the Council, a portion of such costs and expenses may be paid by special assessments as aforesaid, and the balance from the General Highway Fund.

      Sec. 91.  When the Council shall deem it advisable to vacate, discontinue or abolish any highway, street, lane, alley, or public ground, or any part thereof, they shall by resolution so declare, and in the same resolution shall appoint a time not less than four weeks thereafter when they will meet and hear objections thereto; notice of such meeting, with a copy of said resolution, shall be given in such manner as shall be prescribed by ordinance or resolution. Objections to such proposed action of the Council may be filed with the Town Clerk in writing, and if any such shall be filed, the street, alley, or public ground, or any part thereof, shall not be vacated or discontinued, except by a concurring vote of the Council.

      Sec. 92.  The Council may cause all public streets, alleys, and public grounds to be surveyed, and may determine and establish the boundaries thereof, and cause surveys and descriptions thereof to be recorded in the office of the Town Clerk in a book of street records, and they shall cause surveys and descriptions of all streets, alleys, and public grounds opened, laid out, altered, extended, or accepted and confirmed by them to be recorded in like manner, and such record shall be prima facie evidence of the existence of such streets, alleys or public grounds, as in the records described. Every resolution or ordinance discontinuing or vacating any street records and the record shall be prima facie evidence of all matters therein set forth.

      Sec. 93.  The Council shall have authority to determine and establish the grade of all streets, avenues, alleys and public grounds within the town, and to require improvements and buildings adjacent to, or abutting upon such streets, alleys or grounds, to be made and constructed in conformity with such grounds; and the Council may change or alter the grade of any street, alley or public ground, or of any part thereof whenever in their opinion the public convenience will be promoted thereby.

Powers of Council as to streets, sidewalks, etc.

Same.

Same.

Same.

Same.

Powers of Council as to streets, sidewalks, etc.

Powers of Council as to paving, etc.

Same.

Same.

alleys or grounds, to be made and constructed in conformity with such grounds; and the Council may change or alter the grade of any street, alley or public ground, or of any part thereof whenever in their opinion the public convenience will be promoted thereby. Whenever a grade shall be established or altered a record and diagram thereof shall be made in the book of street records in the office of the Town Clerk.

      Sec. 94.  Whenever any street, alley or public highway shall have been graded, or pavements shall have been constructed in conformity to grades established by authority of the town and the expense thereof shall have been assessed upon lots or lands bounded by, or abutting upon such street, alley or public highway, the owner or owners of such lots or lands shall not be subject to any special assessment occasioned by any subsequent change of grade in such pavement, street, alley or public highway, unless such change be asked for by a majority of the owners of such lots or lands; but the expense of all improvements occasioned by such change of grade shall be chargeable to and paid by the town.

paving and improvements.

      Sec. 95.  The Council shall have authority to construct and maintain bridges and culverts where needed; and to grade, pave, curb, gravel, plank and otherwise improve and repair the highways, streets, lanes, avenues and alleys of the town.

      Sec. 96.  The expense of constructing and maintaining bridges, and the whole, or such part as the Council shall determine, of the expense of improving and working, including grading and graveling upon the streets and highways, may be paid from the General Highway Fund, to be raised by tax upon all the property in the town; or, the town may be divided into street districts, and a part of the whole expense of improving and working the streets in each district may be paid from a Street District Fund, to be raised by a tax upon the property in the district. The expense of grading, paving, graveling and planking any street may be defrayed by a special assessment upon the lots and premises abutting upon such improvement, in proportion to their number of feet front upon the street; or a part of such expense may be so paid, and the remainder may be paid from the General Town Fund, or from the Street District Fund, as the Council may decide. The lots and premises to be assessed according to their frontage upon a street improvement as aforesaid, shall constitute a special assessment district. The term paving shall include curbing and the construction of crosswalks in the paved streets.

      Sec. 97.  When the expenses for any such improvement shall be assessed in a special assessment district, and there shall be lands belonging to the town, school buildings, or other public buildings or public grounds not taxable, fronting upon such improvement, such part of the expense of such improvement as in the opinion of the Council or Board of Assessors making the special assessment would be justly apportionable to such public grounds, buildings, and the town property, and to any interior squares or spaces formed by the intersection of streets, were they taxable, shall be paid from the General Highway Fund, and the balance of such expense shall be assessed upon the taxable lots and premises included in the special assessment district, in proportion to their number of feet frontage upon such improvement.

ing upon such improvement, such part of the expense of such improvement as in the opinion of the Council or Board of Assessors making the special assessment would be justly apportionable to such public grounds, buildings, and the town property, and to any interior squares or spaces formed by the intersection of streets, were they taxable, shall be paid from the General Highway Fund, and the balance of such expense shall be assessed upon the taxable lots and premises included in the special assessment district, in proportion to their number of feet frontage upon such improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape or size of any lot as the assessment thereon, in proportion to its frontage, would be unjust and disproportionate to the assessment upon other lots, the Council or Board of Assessors making the assessment may assess such lot for such number of feet frontage as in their opinion may be just.

      Sec. 98.  The Council shall have full power to enact any and all ordinances to carry into effect the foregoing provisions; and shall by ordinance appoint a Board of Assessors to assess the amount of the cost to be paid out of the General Fund of the town, and the amounts to be paid by the property benefited.

      Sec. 99.  Any person may appeal from the Board of Assessors to the Town Council within ten days after their determination; and it will be the duty of the Council to appoint a time when the appeal shall be heard and determined; and the decision of the Council shall be final.

fires and fire department.

      Sec. 100.  The Council shall have power to enact such ordinances and enforce such regulations as they shall deem necessary to guard against the occurrence of fires, and to protect the property and persons of the citizens against damage and accident resulting therefrom; and for this purpose to establish and maintain a Fire Department; to organize and maintain fire companies; to employ and appoint firemen; to make and establish rules and regulations for the government of the department, the employees, firemen and officers thereof; and for the care and management of the engines, apparatus, property and buildings pertaining to the department.

      Sec. 101.  The Council may purchase and provide suitable fire engines and apparatus for the extinguishment of fires; and may sink wells and construct cisterns and reservoirs in the streets, public grounds and other suitable places in the town, and make all necessary provisions for a convenient supply of water for the use of the department.

      Sec. 102.  The Council may also provide or erect all necessary buildings for keeping the engines, carriages, teams and fire apparatus of the department.

      Sec. 103.  Such officer as may be prescribed by ordinance or resolution of the Council shall be the Chief of the Fire Department, and subject to the direction of the Mayor and the regulations of the Council, shall have the supervision and direction of the department and the care and management of the fire engines, apparatus and property.

Powers of Council as to paving, etc.

Same.

Same.

Fire Department.

Same.

Same.

Chief of Fire Department

Powers of Chief.

Fire Warden.

Fire precautions.

Same.

Compensation of Fire Department.

Destruction of buildings for public good.

or resolution of the Council shall be the Chief of the Fire Department, and subject to the direction of the Mayor and the regulations of the Council, shall have the supervision and direction of the department and the care and management of the fire engines, apparatus and property.

      Sec. 104.  The Chief of the Fire Department, the Mayor, Chief of Police and any member of the Council or officer of the Fire Department, may command any person present at a fire to aid in the extinguishment thereof, and to assist in the protection of property thereat. If any person shall wilfully disobey any such lawful requirement or other lawful order of any such officer, the officer giving the order may arrest or direct any policeman or citizen to arrest such person and confine him temporarily until the fire shall be extinguished; and in addition thereto, he shall be punished in such manner as may be prescribed by the ordinances of the town.

      Sec. 105.  The Council may provide by ordinance for the appointment of a Fire Warden; and for the examination by him, from time to time, of the stoves, furnaces, and heating apparatus and all devices in all dwellings, buildings, and structures within the town; and in all places where combustible or explosive substances are kept; and to cause all such as are unsafe with respect to fire, to be put in safe condition.

      Sec. 106.  The Council may also prohibit within such places or districts as they shall deem expedient, the location of shops; the prosecution of any trade or business; the keeping of lumber yards, and the storing of lumber, wood, or other easily inflammable material in open places, when, in the opinion of the Council, the danger from fire is thereby increased. They may regulate the storing of gunpowder, oils, and other combustible and explosive substance, and the use of lights in buildings; and generally, may pass and enforce such ordinances and regulations as they may deem necessary for the prevention and suppression of fires.

      Sec. 107.  Every building or structure which may be erected, placed, enlarged, or kept, in violation of any ordinance or regulation lawfully made for the prevention of fires is hereby declared to be a nuisance, and may be abated or removed by the direction of the Council.

      Sec. 108.  The officers, firemen, and employees of the department shall receive such compensation as the Council may prescribe; and during their term of service shall be exempt from serving on juries. The Council may provide suitable compensation for any injury which any fireman may receive to his personal property, in consequence of the performance of his duty at any fire.

      Sec. 109.  The engineer in charge of the department at any fire, with the concurrence of the Mayor or any two members of the Council, may cause any building to be pulled down or destroyed when deemed necessary in order to arrest the progress of the fire, and no action shall be maintained against any person or against the town therefor; but if any person having an interest in the building shall apply to the Council within three months after the fire for damages or compensation for such building the Council may, in their discretion, pay him such compensation as may be just.

person or against the town therefor; but if any person having an interest in the building shall apply to the Council within three months after the fire for damages or compensation for such building the Council may, in their discretion, pay him such compensation as may be just. They may ascertain such damages by agreement with the owner or by the appraisal of a jury, to be selected in the same manner as in cases of juries to appraise damages for taking private property for public use; and the Council may cause the amount of any damages determined upon to be defrayed by a special assessment upon the property which in their opinion was protected or benefited by the destruction of such building; but no damage shall be paid for the amount of any loss which would probably have occurred to such building if it had not been pulled down or destroyed.

water-works and sewers.

      Sec. 110.  The Town of Fallon shall have the power to acquire, erect, construct and maintain water, light, gas and power systems, drains and sewers, and public utility; and to hold, manage and operate the same, for the use of the people of the town.

      Sec. 111.  The Town of Fallon shall have power, subject to the provisions hereinafter mentioned, to create a town or municipal bonded indebtedness in a sum not to exceed fifty thousand dollars ($50,000) for the purpose of erecting and building water-works and sewers, said bonds bearing interest at the rate of not to exceed five per cent per annum; none of said bonds shall run for a period longer than thirty years from the first day of January, 1908.

      Sec. 112.  Each of said bonds shall be issued in an amount of one thousand dollars, payable in gold coin, and shall be sold for not less than their par value, and the interest thereon shall be paid semi-annually on the first day of January and July, in each and every year until its maturity. No bond shall bear interest after maturity. Each of said bonds shall be payable to the bearer, and coupons shall be attached to the bond for each installment of interest accruing on such bond. The said bonds shall be numbered consecutively from one to fifty, and the bonds numbered one and two shall be redeemable on the first day of January, 1909, and two bonds shall be made redeemable on the first day of January in each and every year thereafter, according to the numerical order of said bonds up to and including the year in which the last bond shall be paid.

      Sec. 113.  The bonds herein provided for shall be signed by the Mayor and Clerk of the Council, and countersigned by the County Treasurer of Churchill County. All money received from the sale of said bonds shall be paid into the county treasury of Churchill County, and the County Treasurer of Churchill County is hereby required to receive and keep said moneys in a fund to be known as the Fallon Water and Sewer Fund, and to pay out the said moneys only on warrants to be signed by the Mayor and Clerk of the Town of Fallon.

Destruction of buildings for public good.

Town may acquire public utilities.

Bonded indebtedness for same.

Limitation.

Bonds and interest thereon.

County Treasurer custodian of bonds.

Special town tax.

Same.

Collection of special taxes.

Interest and redemption of bonds.

to pay out the said moneys only on warrants to be signed by the Mayor and Clerk of the Town of Fallon.

      Sec. 114.  To provide for the payment of the interest upon the bonds herein authorized to be issued, the Board of County Commissioners are hereby authorized and directed in the year 1908, and annually thereafter, at each time in each of the years, when the regular annual levy for State and county taxes is made, to levy upon all property situated in the Town of Fallon a special and additional tax in amounts sufficient in the judgment of said Board to produce such an amount of money as may be required for the payment of all interest accruing upon all of said bonds at any time, and all interest accruing upon said bonds for the current year.

      Sec. 115.  And to provide for the payment of the principal of said bonds herein authorized to be issued, the said Board of County Commissioners are hereby authorized and directed in the year of 1908, and annually thereafter at each time and each of said years when the regular annual levy for State and county purposes is made, to levy a special and additional tax to be levied as aforesaid for the year of 1908, as shall be in an amount sufficient in the judgment of the said Board of County Commissioners to produce the sum of two thousand dollars, and each of the special and additional tax to be annually levied therefor, as aforesaid, shall be sufficient in amount, in the judgment of said Board, to produce in cash the sum of two thousand dollars.

      Sec. 116.  All special and additional taxes to be levied as hereinabove provided for the payment of the interest upon the bonds herein authorized, and for the payment of the principal of said bonds, shall be assessed and collected in the same manner as that in which taxes for State and county purposes are assessed and collected, and shall be paid to the County Treasurer who shall keep the money so collected in the county treasury in a fund to be known as the Town of Fallon Interest and Redemption Fund. The said Treasurer shall pay out of the said fund above, the interest upon the said bonds, as the interest becomes due, upon due presentation and surrender by each holder of his or her matured interest coupon or coupons, and the principal of said bonds as the principal of each bond becomes due upon the maturity of such bond, when such bond is duly presented by the holder thereof.

      Sec. 117.  If the amount of money which shall be accumulated as herein provided in said interest and redemption fund shall be, at any time, in excess of the amount of money necessary for the redemption of all of the said bonds, including all the interest at the time accrued on said bonds, the special and additional tax hereinabove authorized shall not afterwards be levied, and the amount of such excess shall be transferred by the County Treasurer to the credit of the Town of Fallon. If the amount of money which shall be accumulated as herein provided in said interest and redemption fund shall be, at any time, insufficient for the payment of any matured and duly presented and surrendered interest coupon, for payment of the principal of any matured and duly presented and surrendered bond, such coupon or bond shall be paid out of the General Fund of the Town of Fallon, and the aggregate of all of the coupons and bonds so paid shall be paid into the General Fund by special and additional tax, which shall be levied for that purpose on all the property situate in the Town of Fallon, at the time of the next levy of taxes for State and county purposes, and which shall be assessed and collected in the same manner as that in which the said taxes for State and county purposes are assessed and collected.

as herein provided in said interest and redemption fund shall be, at any time, insufficient for the payment of any matured and duly presented and surrendered interest coupon, for payment of the principal of any matured and duly presented and surrendered bond, such coupon or bond shall be paid out of the General Fund of the Town of Fallon, and the aggregate of all of the coupons and bonds so paid shall be paid into the General Fund by special and additional tax, which shall be levied for that purpose on all the property situate in the Town of Fallon, at the time of the next levy of taxes for State and county purposes, and which shall be assessed and collected in the same manner as that in which the said taxes for State and county purposes are assessed and collected.

      Sec. 118.  Before the bonds herein provided shall issue, the same shall be authorized by a majority vote of the taxpayers of the Town of Fallon as hereinafter provided.

      Sec. 119.  It shall be the duty of the Board of County Commissioners of Churchill County, on or before the first Tuesday in April, 1907, to issue a proclamation for an election to be held within the limits of the Town of Fallon; said election to be held on the first Tuesday in May, 1907. All the taxpayers residing within the corporate limits of the Town of Fallon shall have the right to vote at such election. Said proclamation shall state:

      First-That the taxpayers of said Town of Fallon shall vote on the question whether they shall accept the charter and be incorporated as a town pursuant to the provisions as herein set forth.

      Second-Shall the Town of Fallon be bonded pursuant to the provisions hereinbefore set forth, for the sum of fifty thousand dollars, for the purpose of building and erecting water-works and a sewer system?

      Third-For the election of a Mayor and four Councilmen for the Town of Fallon, to be voted for and elected by the qualified electors of said town.

      Sec. 120.  The Board shall cause the said proclamation to be published in some newspaper in the said Town of Fallon, for the period of at least two weeks prior to the date of said election, and printed notices of such proclamation shall be posted in three public places in said town. 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 taxpayers of said town of the date, time and place of holding such election, the purpose 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. 121.  All provisions of law relating to general elections, so far as the same 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.

Popular election.

County Commissioners to provide for election in May, 1907.

Election proclamation to be advertised.

General election law applicable.

Candidates must file their names.

Further duties of County Commissioners regarding election.

Definition of “taxpayer.”

duct 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. 122.  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 and Councilmen of the Town of Fallon, shall file their names with the County Clerk of Churchill County at least ten days before the date of such election.

      Sec. 123.  The 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; also a sufficient number of ballots upon which shall be printed for the incorporation and against the incorporation; and also a sufficient number of ballots upon which shall be printed for the loan and against the loan. The County Commissioners shall also appoint the Inspectors and Clerks provided for in this Act to conduct said election. 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 offices of Mayor and Councilmen; and also shall enter upon their minutes the number of votes cast at said election for and against the incorporation; and for and against the loan, and declare the result of the election. The said Board shall thereupon cause a certificate of election to be issued to such persons as are duly elected. 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 Fallon.

      Sec. 124.  A “taxpayer,” within the meaning of this character, shall be construed to be and include all persons whose names appear on the official tax roll for the current or the year preceding that in which the elector offers to vote, or one who shall have paid any authorized license tax for the current or the quarter next preceding that in which the election is held at which such person offers to vote. The Judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such Judges or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.

Chap. CXXXIX.–An Act to authorize the Board of County Commissioners of Elko County to issue bonds for the purpose of creating a fund for the purchase of a site and for the the erection and furnishing of a court house and jail thereon in the Town of Elko.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section. 1.  The Board of County Commissioners of Elko County, Nevada, are hereby authorized, empowered and required, within ninety days after the people of said county shall have authorized the issuance of such bonds, to prepare and issue the bonds of said county in the amount not to exceed one hundred thousand dollars, exclusive of interest, for the purpose of providing funds for the purchase of a site and the erection and furnishing of a court house and jail thereon in the Town of Elko in said county; provided, that the question of the issuance of such bonds shall be submitted to the people of said county at the next general election and the duly qualified electors shall authorize the issuance of same by a majority vote. The County Clerk shall cause the question of the issuance of such bonds to be printed on the official ballots in substantially the following form:

      For the issuance of Court House bonds-Yes.

      For the issuance of Court House bonds-No.

      The result of the vote to be declared in the same manner and form and at the same time as other election returns are canvassed and proclaimed.

      Sec. 2.  The bonds authorized under the provisions of section one of this Act shall be issued in the sum of one thousand dollars each; they shall be numbered from one to one hundred continuously, and the interest on the same shall not exceed six per cent per annum. They shall be signed by the Chairman of the Board of County Commissioners, countersigned by the County Treasurer and authenticated with 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 each of said coupons shall be consecutively numbered, and signed by the Chairman of the Board of County Commissioners and the County Treasurer.

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

      Sec. 4.  The Board of County Commissioners of Elko County are hereby authorized to negotiate the sale of said bonds by advertisig for sealed proposals by publication of a notice of the proposed sale in some newspaper of general circulation in Elko County at least once a week for four weeks prior to the date fixed for opening such proposal, and also by publication of such notice in such other newspapers or financial journals as the Board may order; provided, that no bonds shall be sold for less than their par value, and that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said Board shall sell said bonds to the highest and best bidder or bidders, or in their discretion may reject any or all proposals and advertise anew.

Bonds for Elko County, if ratified at general election.

Form of ballot.

Denomination of bonds.

Record of bonds.

Negotiation and sale.

Interest and redemption.

Five bonds redeemed annually.

Court House Bond Fund.

Moneys revert to General Fund.

Duties of Treasurer and Auditor.

Faith of State pledged.

publication of such notice in such other newspapers or financial journals as the Board may order; provided, that no bonds shall be sold for less than their par value, and that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said Board shall sell said bonds to the highest and best bidder or bidders, or in their discretion may reject any or all proposals and advertise anew.

      Sec. 5.  Said bonds, together with the interest thereon, shall be payable annually on the first Monday of January of each year after the year 1909 at the office of the County Treasurer of said Elko County, and the interest on such bonds shall cease as the same mature.

      Sec. 6.  On the first Monday of January in the year 1910 and annually thereafter five of said bonds, together with the interest thereon, shall be paid and redeemed by the County Treasurer of Elko County. The payment and redemption of said bonds shall be in the order of their issuance, the lowest bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this Act shall have been paid and redeemed. Coupons shall be paid annually, and in no case shall any of said bonds run for a longer period than twenty years.

      Sec. 7.  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 Elko County are hereby authorized and required to levy and collect annually a sufficient tax on all property, both real and personal, within the boundaries of said Elko County, to redeem five of said bonds each year and the payment each year of the accumulated interest on all of the bonds issued under this Act. 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 in a special fund to be known as the “Court House Bond Fund.”

      Sec. 8.  Whenever the bonds and interest provided for in this Act shall have been fully paid the tax authorized by this Act ceases, and all money remaining in said Court House Bond Fund shall be transferred to the General Fund of the county.

      Sec. 9.  Whenever the County Treasurer shall pay any bonds or coupons issued under the provisions of this Act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the County Auditor, taking his receipt therefor, and the Auditor shall credit the Treasurer on his books with the amount so paid.

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

under and by virtue hereof shall have been paid in full, as in this Act specified.

Chap. CXL.–An Act authorizing the Board of Trustees of Ely School District No. 1 of White Pine County, Nevada, to issue bonds in the amount of thirty-five thousand dollars to purchase sites, erect buildings, furnish and equip the same for school purposes, repair present buildings, and liquidate certain indebtedness.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of purchasing necessary sites, and the construction of new school buildings thereon, and furnishing and equipping the same, and for the further purposes of constructing new school buildings on real estate now owned, and of furnishing and equipping the same, and for the further purposes of making the necessary repairs and additions to the school buildings now owned, and for the further purpose of liquidating any indebtedness now existing, the Board of School Trustees of School District No. 1, White Pine County, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds, bearing interest not exceeding six (6) per cent per annum, for a sum not exceeding thirty-five thousand dollars ($35,000), lawful money of the United States, which bonds shall not run for a period longer than fifteen (15) years from the date thereof.

      Sec. 2.  The principal of said bonds shall be made payable as follows: One thousand dollars ($1,000) of said bonds to made payable on the fifteenth day of December and the fifteenth day of June of each and every year, the first payment to be made on the fifteenth day of December, 1907, and continuing thereafter until the fifteenth day of June, 1912, beginning with the first number of said bonds, and the remainder shall be made payable in one thousand two hundred and fifty ($1,250) dollar payments semi-annually, commencing on the fifteenth day of December, 1912, until said bonds and the interest thereon are fully paid, canceled and retired.

      Sec. 3.  The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the Treasurer of said White Pine County, and shall be sold at not less than par.

      Sec. 4.  All moneys received from the sale of said bonds shall be paid into the county treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Ely School Building Fund,” and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of School Trustees and approved by the Superintendent of Schools for said county.

School bonds in White Pine County.

Principal, how paid.

Sold at not less than par.

Ely School Building Fund.

Ely School Redemption Fund No. 1.

Bonds, where payable.

Board of School Trustees and approved by the Superintendent of Schools for said county. The County Treasurer shall be liable on his official bond for the keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 5.  For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of White Pine County are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes for the year 1907, and annually thereafter, to levy upon all taxable property of said Ely School District No. 1 an amount upon each one hundred dollars valuation of said property sufficient to pay the interest and principal of the bonds issued under the provisions of this Act which will become due during the ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury, and set apart to a fund to be known as the “Ely School Redemption Fund No. 1,” and the money in said fund shall be paid out by the County Treasurer in payment of interest on the bonds aforesaid as the same becomes due, upon presentation of coupons therefor, and the payment of the principal upon the presentation and surrender of said bonds when they become due.

      Sec. 6.  All bonds issued under the provisions of this Act shall be and be made payable at the office of the County Treasurer of White Pine County, Nevada, as they become due.

Bonds for court house in White Pine County.

County Commissioners to issue bonds.

Chap. CXLI.–An Act to authorize the Board of County Commissioners of White Pine County to issue bonds for the purpose of creating a fund for the erection and furnishing of county buildings in the Town of Ely, White Pine County, Nevada.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of White Pine County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county, after the first day of March, 1907, for an amount not exceeding the sum of eighty thousand dollars ($80,000) exclusive of interest, for the purpose of providing funds for erecting and furnishing of a court house and jail, and necessary county buildings on the present court house site in the Town of Ely in said county.

      Sec. 2.  Prior to the first Monday in May, 1907, the Board of County Commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county.

by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, and each of said coupons shall be consecutively numbered, and signed by the Chairman of said Board and the County Treasurer.

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

      Sec. 4.  The Board of County Commissioners of White Pine County are hereby authorized and directed to negotiate the sale of said bonds by advertising for sealed proposals, or by private sales, as they may deem for the best interest of the county; provided, that no bond shall be sold for less than par value; and provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be of the denominations of five hundred and one thousand dollars each, and shall each purport and state upon the face thereof that the County of White Pine is indebted to the holder in gold coin of the United States in the sum therein stated, with interest at the rate not exceeding six per cent per annum from and after the date of issuance, payable semi-annually on the first Monday in January and July in each year at the office of the County Treasurer of said White Pine County, and in no case shall any of said bonds run for a longer period than twenty 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 White Pine County are hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, including the proceeds of mines within the boundaries of said White Pine County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire four thousand dollars of said bonds annually. 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 thereon shall be kept by the County Treasurer in a special fund to be known as the “Court House Bond Fund.”

      Sec. 7.  It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds semi-annually, and to fully pay and retire four thousand dollars of said bonds each and every year, said payment to be made semi-annually, to wit, two thousand dollars of said bonds to be paid on the fifteenth day of December and fifteenth day of June of each and every year, the first payment to be made on the fifteenth day of December, 1907, beginning with the first number of said bonds and so on consecutively until said bonds and interest thereon are fully paid, canceled and retired.

Record of bonds.

Negotiation and sale.

Denominations.

Court House Bond Fund.

$4,000 worth of bonds to be redeemed annually.

Residue to revert.

Duties of Treasurer and Auditor.

Faith of State pledged.

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

      Sec. 9.  Whenever the County Treasurer shall redeem any of the bonds issued under the provisions of this Act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books with the amount so paid.

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

Appropriation for State Agricultural Society.

Money for premiums.

Provisos.

President of Society to sign warrants.

Chap. CXLII.–An Act for the aid and benefit of the State Agricultural Society.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The sum of five thousand dollars ($5,000) is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise specifically appropriated, for the year 1907, and five thousand dollars ($5,000) for the year 1908, to aid the State Agricultural Society in holding annual fairs for exhibition and successfully carrying out the purpose for which it has been organized. Also three thousand five hundred dollars ($3,500) to be expended on the construction of an eight-foot battened board fence and other necessary improvements, around the State Fair grounds at Reno, Washoe County, Nevada.

      Sec. 2.  The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded and for such purposes as said Association may, through their Board of Directors, deem just and proper; provided, that none of the moneys hereby appropriated shall be used by said Board of Directors, either directly or indirectly, for the purpose of paying any purse or purses for racing; and provided further, that the Board of Directors of said Association are hereby restricted from contracting any expenses or bills for more than the amounts herein specified.

      Sec. 3.  Warrants drawn pursuant to the provisions of this Act shall be payable to the order of the President of the Board of Directors. The State Controller is hereby directed to draw his warrants in favor of the President of the Association above named, and the State Treasurer is hereby directed to pay the same.

tion above named, and the State Treasurer is hereby directed to pay the same.

      Sec. 4.  The Governor is hereby authorized and directed to appoint three additional resident citizens of the State to act as members of the State Board of Agriculture.

Three additional members.

Chap. CXLIII.–An Act for the relief of Burke Brothers & Shaff for extra labor and materials furnished in the construction of the State Library Building.

[Approved March 28, 1907.]

      Whereas, The Supervising Architect of the new State Library Building directed various changes in the original plans of said building, causing additional labor, expenses and material over and above the sum specified in the contract for the erection of said building; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of thirty-nine hundred and eighty-two dollars and fifty cents ($3,982.50) is hereby appropriated out of any money in the Library Fund of this State not otherwise appropriated for the relief of Burke Brothers & Shaff, the contractors, for building the new State Library Building at Carson City, Nevada.

      Sec. 2.  The State Controller is hereby authorized and directed to draw his warrant for the above-named amount in favor of said contractors, and the State Treasurer is hereby authorized and directed to pay the same.

Library Building.

Appropriation for deficiency.

Duties of Controller and Treasurer.

Chap. CXLIV.–An Act to amend an Act entitled “An Act to incorporate the Town of Reno, and to establish a city government therefor,” approved March 16, 1903, approved March 13, 1905.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section 4, Article III, of the above-entitled Act, as amended and approved March 13, 1905, is hereby amended so as to read as follows:

      Section 4.  The Mayor shall, in addition to the duties herein provided for, sign all licenses and claims allowed against the city and perform such other and further duties as the City Council shall by ordinance prescribe. A Mayor pro tempore shall be elected by the City Council from among its members, as soon after its organization as practicable, and in case of the absence of the Mayor or his inability to act, or a vacancy occurring in such office, the Mayor pro tempore shall preside over the City Council and perform all duties to [of] the Mayor’s office, in the same manner and with like effect as the Mayor, and in case of the absence of the Mayor or his inability to act for any period exceeding thirty days, or in case of a vacancy in the Mayor’s office, the salary provided for the Mayor shall be apportioned to the Mayor pro tempore for such period, in lieu of the salary allowed the Mayor pro tempore for such period as City Councilman; provided, that the restriction upon the right of the Mayor to vote shall not apply to the Mayor pro tempore while acting as Mayor.

Amending charter of Reno.

Duties of Mayor.

Mayor pro tem.

Salary of City Clerk.

Salary of City Attorney.

City Council.

Quorum

Rules.

Salary of Councilmen.

Meetings, regular and special.

shall preside over the City Council and perform all duties to [of] the Mayor’s office, in the same manner and with like effect as the Mayor, and in case of the absence of the Mayor or his inability to act for any period exceeding thirty days, or in case of a vacancy in the Mayor’s office, the salary provided for the Mayor shall be apportioned to the Mayor pro tempore for such period, in lieu of the salary allowed the Mayor pro tempore for such period as City Councilman; provided, that the restriction upon the right of the Mayor to vote shall not apply to the Mayor pro tempore while acting as Mayor. In case of the absence or inability to act from any cause of the Mayor and Mayor pro tempore at any meeting of the City Council, a Chairman shall be selected from among the City Councilmen, who shall preside over the City Council, and who shall be clothed with the full powers and authority of the Mayor or Mayor pro tempore in respect to the transaction of all city business during such absence or inability to act as aforesaid.

      Sec. 2.  Section 5 of Article IV of said Act is hereby amended so as to read as follows:

      Section 5.  The City Clerk shall receive a salary in the sum of fifteen hundred dollars per annum from and after this Act goes into effect.

      Sec. 3.  Section 4 of Article V of said Act is hereby amended so as to read as follows:

      Section 4.  The City Attorney shall receive a salary in the sum of twelve hundred dollars per annum from and after this Act goes into effect.

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

      Section 4.  A majority of all members of the City Council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time and, with the approval of the Mayor, compel the attendance of the absent members. The City Council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings and upon the call of any one member or the Mayor, must cause the ayes and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions and proceedings must be public. The Councilmen shall each receive a salary of six hundred dollars per annum from and after this Act goes into effect.

      Sec. 5.  Section 5 of Article XII of said Act is hereby amended so as to read as follows:

      Section 5.  The City Council shall hold its regular meetings on the second and fourth Mondays of each month and shall continue in session until the unfinished business of each regular meeting shall have been fully and finally disposed of as far as practicable. Special meetings may also be held on a call of the Mayor, or by a majority of the City Council; provided, that no ordinance shall be read or passed, or any claim allowed at such special meeting; and provided further, that no business shall be transacted at such special meeting except such as shall be stated in the call therefor.

claim allowed at such special meeting; and provided further, that no business shall be transacted at such special meeting except such as shall be stated in the call therefor.

      Sec. 6.  Subdivision nineteenth of Section 10, Article XII of said Act is hereby amended so as to read as follows:

      Section 10.  Nineteenth-To make all appropriations, examine and audit, reject or allow, the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements and purchases for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made.

      Sec. 7.  Subdivision thirty-fourth of Section 10, Article XII of said Act is hereby amended so as to read as follows:

      Section 10.  Thirty-fourth-To regulate the use and sale of water, gas, electric and other light, and electric power in the City of Reno; to fix and determine the price, as well as rentals, of all water, gas, electric power, and electric light meters, used by said city, or by the inhabitants thereof, and to provide for the inspection of said meters; to regulate telephone service and the use of telephones, and to fix and determine the charges of telephones, telephone service and connections within the said city.

      Sec. 8.  Subdivision forty-fifth of Section 10, Article XII of said Act is hereby amended so as to read as follows:

      Section 10.  Forty-fifth-To acquire all real and personal property for the city, and to hold, manage, use and dispose of the same, and to enforce the payment and collection of all dues, assessments or demands of every kind and nature, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value.

      Sec. 9.  Section 3 of Article IX of said Act is hereby amended so as to read as follows:

      Section 3.  The Chief of Police shall execute all process issuing from the Municipal Court. In his absence or inability to act, his assistant may act in his place. The Chief of Police shall, before entering upon the discharge of his duties, furnish a bond to said city which shall apply in like manner to any assistant acting in his stead. Said bond shall be in a sum and conditioned as the City Council shall require and shall be approved by said Council. The duties of the Chief of Police may be more fully defined and provided for by such ordinances as the City Council shall from time to time enact. The Chief of Police shall receive a salary in the sum of twenty-one hundred dollars per annum from and after this Act goes into effect.

Duties of Council.

Same.

Same.

Duties of Chief of Police.

Salary of Police Judge.

Salary of Mayor.

      Sec. 10.  Section 9 of Article XIV of said Act is hereby amended so as to read as follows:

      Section 9.  The Police Judge shall receive a salary of twelve hundred dollars per annum from and after this Act goes into effect.

      Sec. 11.  Section 6 of Article III of said Act is hereby amended so as to read as follows:

      Section 6.  The Mayor shall receive a salary in the sum of nine hundred dollars per annum.

Salaries of Ormsby County Commissioners.

Chap. CXLV.–An Act to amend an Act entitled “An Act to amend section five of an Act entitled ‘An Act to consolidate certain county offices, in and for the County of Ormsby, State of Nevada, fix their compensation and the compensation of other officers of said county,’ approved March 5, 1891.”

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

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

      Section 5.  On and after the approval of this Act the salary of each member of the Board of County Commissioners, in and for Ormsby County, Nevada, shall be four hundred dollars per annum.

Additional sections for charter of Carson City.

City may acquire public utilities.

Chap. CXLVI.–An Act adding Section 32, Section 33 and Section 34 to an Act entitled “An Act to incorporate Carson City,” approved February 25, 1875.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Act to incorporate Carson City, approved February 25, 1875, is hereby amended by adding Sections 32, 33, [and] 34 thereto as follows:

municipal bonds and franchises.

      Section 32.  The Board of Trustees shall have the power to acquire and purchase water, light, sewer, gas and power systems or any other public utility, and to hold, manage and operate the same when acquired, for the public use and benefit of the people of the city. They shall, when deemed advisable, submit a proper resolution, and the same may be voted upon by the people in all respects as provided herein for special elections.

      Section 33.  The Board of Trustees shall have the power by ordinance to grant any franchise or create any city or municipal bonded indebtedness, and to levy and collect a special tax to pay the interest and principal of such bonded indebtedness; provided, however, that the income from any public utility acquired by the creation of a bonded indebtedness, as herein provided, may be used to pay the interest and principal of said indebtedness; but no ordinance for such purpose or purposes shall be valid or effective for any purpose unless the Board of Trustees shall first pass a resolution which shall set forth, fully and in detail, the purpose or purposes of the proposed bonded indebtedness, the terms, amount, the rate of interest and time within which redeemable, and on what fund; or the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise as the case may be.

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

      Section 34.  The ordinance passed on, as in the preceding section provided for, shall be valid to all intents and purposes as other ordinances duly and legally passed by the Board of Trustees, and any municipal bonded indebtedness created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twenty days from the date of the first publication of the resolution in the preceding section, a petition signed by not less than than fifty residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the last previous assessment roll, shall be presented to the Board of Trustees, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the Board of Trustees to call a special election as soon as practicable; such election shall be held and conducted, as nearly as possible, in the same manner as elections for city officers. Notices of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the resolution hereinbefore mentioned and refer to the same, and the notice and resolution shall be published together for a period of at least two weeks before such election shall be held.

Trustees may grant franchises under certain conditions.

Provisos.

Special elections on ordinances for bonded indebtedness, when.

Special elections on ordinances for bonded indebtedness, when.

together for a period of at least two weeks before such election shall be held. The Board of Trustees shall in due time make provision for holding such special election and the City Clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots, which shall contain the words “For the ordinance” (stating briefly the nature thereof), and “Against the ordinance” (stating briefly the nature thereof). The Board of Trustees shall appoint suitable and competent persons to act as Inspectors at such elections and shall do all other things and acts necessary to fully carry out the purposes and intent hereof; provided, that no person not a taxpayer and qualified elector within the corporate limits of said city shall be qualified to vote at any such special election; and provided further, that no such proposed ordinance shall be adopted or be valid or effective for any purpose whatsoever, unless the same shall receive an affirmative vote of a majority of all voters voting thereon. The Board of Trustees shall canvass and declare the result, and if such proposed ordinance be carried as above provided, the fact shall be proclaimed by the Board of Trustees publishing a notice to that effect for a period of at least one week, and thereupon such ordinance may be passed by the Board of Trustees and signed by the President of the Board of Trustees and thenceforth be in full force and effect.

Janitor for Humboldt County court house

Salary

Chap. CXLVII.–An Act empowering and requiring the Board of County Commissioners of Humboldt County to appoint a janitor of the county court house and county jail at the county seat, who shall be appointed Deputy Sheriff of said county, and prescribing his duties and fixing his compensation.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Humboldt County is hereby empowered and required within sixty days after the approval of this Act to appoint a janitor, who shall be appointed Deputy Sheriff of said county. He shall receive a salary to be fixed by the Board of County Commissioners at a sum not exceeding one hundred and twenty dollars per month. The duties of such janitor shall be to act as janitor for the county court house and county jail at the county seat and to work himself and prisoners upon the streets and roads in said county.

      Sec. 2.  The salary of the deputy appointed under section one of this Act shall be paid at the times and in the manner as the salaries of other county officers are paid.

Chap. CXLVIII.–An Act authorizing the Superintendent of State Printing to purchase and install a modern printing press and other machinery in the Nevada State Printing Office, and making an appropriation therefor.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Superintendent of State Printing is hereby empowered to purchase and install a modern printing press and such other machinery as the needs of the work performed in the Nevada State Printing Office may require.

      Sec. 2.  For the purpose of carrying out the provisions of this Act the sum of seven thousand five hundred ($7,500) dollars is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise specially appropriated, and the State Controller is hereby authorized to draw warrants to the amount named, and the State Treasurer is authorized to pay the same.

Machinery for State Printing office.

Appropriation.

Chap. CXLIX.–An Act fixing the compensation of county officers in Lincoln County.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  On and after the first day of April, 1907, the county officers of Lincoln County shall receive the following salaries and fees in full compensation for their services:

      The Sheriff shall receive twenty-four hundred dollars per annum, and such fees as are now allowed by law, including actual traveling expenses necessarily incurred in civil or criminal cases when it becomes necessary to travel a greater distance than ten miles from the county seat. He shall appoint a Deputy Sheriff, who shall also act as jailer, at a compensation not to exceed one hundred and twenty-five dollars per month. The Sheriff is also authorized, when the Board of County Commissioners deem it necessary, to appoint Deputy Sheriffs at a compensation not to exceed one hundred dollars per month each.

      The County Clerk shall receive a compensation of thirteen hundred dollars per annum.

      The County Recorder and Auditor shall receive a compensation of fourteen hundred dollars per annum, together with such fees as are now allowed by law, and the Board of County Commissioners may, should they deem it necessary, allow him a deputy, at a salary not to exceed one hundred dollars per month.

Lincoln County salaries.

Sheriff.

Deputies.

Clerk.

Recorder.

District Attorney.

Assessor.

Treasurer.

Commissioners.

Administrator.

      The District Attorney shall receive a compensation of fifteen hundred dollars per annum, and such traveling expenses as [are] necessarily incurred in the discharge of his duties, as the Board of County Commissioners may deem proper.

      The County Assessor shall receive a compensation of three thousand dollars per annum.

      The County Treasurer shall receive a compensation of twenty-six hundred dollars per annum.

      The County Commissioners shall each receive a compensation of six hundred dollars per annum, and mileage now allowed by law.

      The Public Administrator shall receive such fees as are now allowed by law.

Bonds for toll road in Churchill County.

Commissioners to issue bonds.

Record of bonds.

Negotiation and sale.

Chap. CL.–An Act to authorize the Board of County Commissioners of Churchill County, Nevada, to issue bonds for the purpose of creating a fund for the construction and maintenance of a toll road from the Town of Fallon, via Vaughan Store, Sand Springs and Fairview, to the Town of Wonder, in Churchill County.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Churchill County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county for an amount not exceeding twenty-five thousand dollars, exclusive of interest, for the purpose of providing funds for the construction and maintenance of a toll road from the Town of Fallon, Churchill County, via Vaughan Store, Sand Springs and Fairview, to the Town of Wonder, in said Churchill County.

      Sec. 2.  The Board of County Commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer and authenticated with 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 bonds, and each of such coupons shall be consecutively numbered, and signed by the Chairman of said Board and the County Treasurer.

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

      Sec. 4.  The Board of County Commissioners of Churchill County are hereby authorized and directed to negotiate the sale of said bonds by advertising for sealed proposals or by private sales, as they may deem for the best interest of the county; provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin, and that no bonds shall be sold for less than their par value.

of the United States, and the interest thereon shall be payable in like gold coin, and that no bonds shall be sold for less than their par value.

      Sec. 5.  Said bonds shall be each in the sum of one thousand dollars. They shall be numbered from one to twenty-five consecutively; and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday in July in each year at the office of the County Treasurer of said Churchill County, and in no case shall any of said bonds run for a longer period than twenty-five 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 Churchill County are hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, including proceeds of mines within the boundaries of said Churchill County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire one of said bonds annually after the first Monday in July, 1909. 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 thereon shall be kept by the County Treasurer in a special fund to be known as the “Toll Road Bond Fund.”

      Sec. 7.  It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds annually, and to fully pay and retire one of said bonds on the first Monday in July, 1909, beginning with the first number thereof and so on consecutively, and on the first Monday of July of each year thereafter until said bonds and the interest thereon are fully paid, canceled and retired, to pay and retire one of said bonds in such manner.

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

      Sec. 9.  Whenever the County Treasurer shall pay anything on the bonds issued under the provisions of this Act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books with the amount so paid.

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

Denomination.

Toll Road Bond Fund.

One bond retired annually.

Balance to revert to General Fund.

Duties of county officers.

Faith of State pledged.

Commissioners to construct toll road.

Rates of toll.

      Sec. 11.  The County Commissioners shall have the supervision of the construction of said toll road and may let same out by contract, or otherwise, as they may deem for the best interest of the county. They shall establish the rate of toll as follows:

      Horsemen, not to exceed twenty-five cents; one animal and wagon, not to exceed fifty cents; two animals, not to exceed one dollar; for each additional animal, twenty-five cents; all loose stock excepting sheep, not to exceed five cents; sheep, not to exceed one cent; automobiles, not to exceed three dollars; traction engines, not to exceed five dollars. The rates of toll so established shall be written, painted or printed in a plain and legible manner on a bulletin board to be posted at each toll gate on such road.

University deficiencies.

Appropriation to pay same.

Chap. CLI.–An Act for the relief of the University of Nevada in regard to the appropriation for the years 1905 and 1906.

[Approved March 28, 1907.]

      Whereas, It became necessary on the part of the Board of Regents of the University of Nevada to exceed the sum of appropriation for the years 1905 and 1906 by reason of an emergency which called for unexpected demands upon the appropriation for the last two years; and

      Whereas, This emergency required the Regents to put in new heating apparatus in Lincoln Hall and in Manzanita Hall, and to build a walk from Manzanita Hall across the Valley to the Hatch Station, and to provide out of last year’s appropriation for wood and coal; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of five thousand three hundred and eighty-four dollars and forty-three cents ($5,384.43) is hereby appropriated out of any money in the State Treasury not otherwise appropriated in payment of the following claims:

      October pay roll-Employees, one thousand five hundred seventy-one dollars and seventy cents ($1,571.70); November pay roll-Employees, one thousand two hundred eighty dollars and four cents ($1,280.04); December pay roll-Employees, one thousand two hundred eighty dollars and four cents ($1,280.04); October pay roll-Students, two hundred ninety-one dollars and seventy cents ($291.70); Reno Mercantile Company, eighty-four dollars and twenty cents ($84.20); E. L. Drappo, five hundred thirty-seven dollars and fifty cents ($537.50); E. C. Stewart, one hundred forty-four dollars and eighty cents ($144.80); G. E. Stechert & Co., forty-four dollars and forty-five cents ($44.45); Reno Power, Light and Water Company, one hundred fifty dollars ($150); and the State Controller is hereby directed and required to draw his warrant for the said claims, and the State Treasurer is hereby authorized and required to pay the same.

State Controller is hereby directed and required to draw his warrant for the said claims, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  All Acts and parts of Acts in conflict herewith are hereby repealed.

Repeal.

Chap. CLII.–An Act for the relief of Self & Sellman, Perry & McAvoy, and Nevada Observer.

[Approved March 28, 1907.]

      Whereas, The Legislature of 1905 passed an Act authorizing the Board of Regents of the State University to complete any unfinished buildings on the University ground, cost not to exceed two thousand dollars, and to issue bonds for that amount, bearing interest at the rate of four per cent per annum, and providing for an annual State tax levy for the payment of said bond and interest, the Legislature failed to make such State tax levy and the bonds for two thousand dollars were not issued, the Board of Regents of the State had the unfinished work done on Manzanita Hall and the amount of one thousand nine hundred eight-two dollars and thirty cents ($1,982.30) is due to the above-named parties and, in addition thereto, there is due Self & Sellman the sum of $267.70, this amount having been paid out by said parties for interest on money which they were compelled to borrow in order to pay bills contracted in performing the aforesaid work; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of two thousand two hundred and fifty dollars ($2,250) is hereby appropriated out of any moneys of the General Fund of the State, the said amount to be expended in payment of claims, as follows:

      Claims approved and remaining unpaid of Self & Sellman, two thousand two hundred and forty-two dollars and seventy-five cents ($2,242.75); Perry & McAvoy, four dollars and thirty cents ($4.30); Nevada Observer, three dollars ($3).

      Sec. 2.  The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

Relief of University.

Appropriation for same.

Duties of Controller and Treasurer.

Chap. CLIII.–An Act for the relief of George T. Mills, E. B. Yerington, and H. H. Coryell, the Board of Fish Commissioners.

[Approved March 28, 1907.]

      Whereas, The Legislature of 1905 passed an Act entitled “An Act to provide for the appointment of a Board of Fish Commissioners and to define their duties,” approved March 16, 1905.

Relief of Fish Commissioners.

Appropriation for same

Duties of Controller and Treasurer.

Commissioners and to define their duties,” approved March 16, 1905. In compliance with said Act the Governor appointed the above-named as Fish Commissioners. In accordance with said Act the Board of Fish Commissioners expended the sum of one thousand five hundred seventy-eight dollars and ninety-four cents ($1,578.94); now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of one thousand five hundred seventy-eight dollars and ninety-four cents ($1,578.94) is hereby appropriated out of the General Fund of the State to be paid to the above-named persons, said amount being due them for moneys advanced in carrying out the provisions of said Act.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the above-named persons for the amount specified in this Act, and the State Treasurer is hereby directed to pay the same.

Bonds for furnishing high school at Fallon, Churchill County.

Denomination of bonds.

One bond to be paid yearly.

County seal on bonds.

Negotiation and sale.

Chap. CLIV.–An Act authorizing and directing the Board of County Commissioners of Churchill County, State of Nevada, to issue bonds in the amount of six thousand dollars, for the purpose of equipping and furnishing the county high school building in the Town of Fallon, and liquidating the existing indebtedness incurred in the construction of said county high school building.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Churchill County, State of Nevada, are hereby authorized and directed to issue bonds of said county bearing interest not to exceed six per cent per annum, for the sum of six thousand dollars, none of which bonds shall run for a period longer than twelve years from the first day of January, 1908.

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

      Sec. 3.  The principal of said bonds shall be payable to the amount of five hundred dollars each year, commencing with the first day of January, 1909.

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

      Sec. 5.  The Board of County Commissioners of Churchill County are hereby authorized to negotiate the sale of said bonds, by advertising for sealed proposals, or by private sales, as they may deem for the best interest of the county; provided, that no bonds shall be sold for less than their par value.

as they may deem for the best interest of the county; provided, that no bonds shall be sold for less than their par value.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid to the County Treasurer of said county, and said Treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the Churchill County Special High School Fund No. 1, and pay out said moneys only in the manner now required by law for the payment of the same, and for the purposes for which the same were received.

      Sec. 7.  The said Board of County Commissioners is hereby authorized and directed to use the money arising from the sale of said bonds in equipping and furnishing the County High School building in the Town of Fallon, and liquidating the existing indebtedness incurred in the construction of said County High School building.

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

      Sec. 9.  For the purpose of providing for the payment of said bonds and the interest thereon as they become due, the Board of County Commissioners is hereby authorized and directed on or before the first Monday in April, 1908, and annually thereafter at the time of making the levy of taxes for State and county purposes, to levy upon all the taxable property of said Churchill County a tax of an amount not exceeding five cents on each one hundred dollars of all property subject to taxation according to law and the assessed valuation thereof sufficient to pay the principal and interest of said bonds issued under the provisions of this Act which will become due on the first day of the ensuing January. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby created and known as the Churchill County High School Bond Redemption Fund No. 1, and the money in said fund shall be paid out by the County Treasurer in the payment of the principal and interest of said bonds as the same becomes due upon presentation and surrender of said bonds and coupons to the said County Treasurer at his office. The said County Treasurer shall be liable on his official bond for the safe-keeping of the money which shall come into the said High School Bond Redemption Fund No. 1, and for the faithful discharge of all the duties in relation thereto.

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

      Sec. 11.  Should any money remain in said High School Bond Redemption Fund No. 1, at the end of any year after

Churchill County Special High School Fund No. 1.

Commissioners to furnish high school.

County Treasurer liable.

Churchill County High School Bond Redemption Fund No. 1.

Interest stops at maturity.

Residue reverts to County High School Fund.

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

Duties of county officers in regard to delinquent taxes.

County Commissioners to strike off uncollectible taxes.

Restriction.

Chap. CLV.–An Act in relation to delinquent taxes, and providing for the adjustment of the accounts between the Treasurer and Auditor.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  That on the first Monday in April and September in each year, the County Treasurer and ex officio Tax Receiver shall attend at the office of the County Auditor with the delinquent tax list or lists, and the Auditor shall then carefully compare the same with the receipts and statements filed by the Treasurer and ex officio Tax Receiver; and, if the same shall be found to be correct, the Auditor shall give to the Treasurer and ex officio Tax Receiver a receipt specifying the same. The Treasurer and ex officio Tax Receiver shall, at the same time, deliver to the Auditor a written statement of all delinquent taxes upon said delinquent list or lists, remaining uncollected with his reason in detail for not being able to collect the same; and the Auditor shall immediately file the said delinquent list or lists and statement with the Clerk of the Board of County Commissioners, and the Board of County Commissioners shall revise the same by striking off such taxes as cannot be collected. The delinquent list or lists shall then be returned to the Auditor, who shall note the changes made, and shall then return the same to the County Treasurer and ex officio Tax Receiver, taking his receipt therefor. The County Auditor shall, in his report to the State Controller, state the amount stricken off the delinquent list or lists by the Board of County Commissioners.

      Sec. 2.  Nothing in this Act shall apply to any delinquent tax amounting to more than three hundred dollars of any one person, firm or corporation.

Chap. CLVI.–An Act authorizing the Commissioners for the care of the Indigent Insane to sell the State’s interest in the O’Sullivan-Kelly Ditch.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Commissioners for the Care of the Indigent Insane are hereby authorized to sell all of the interest of the State in and to the O’Sullivan-Kelly Ditch in Washoe County, State of Nevada, to some corporation to be hereafter formed under the laws of the State of Nevada.

      Sec. 2.  The corporation once so formed shall be required to pay for the interest of the State in such ditch such proportion of its capital stock as the interest of the State may be to the whole of such ditch.

Commissioners for Care of Insane to sell interest in ditch.

Chap. CLVII.–An Act to amend an Act entitled “An Act supplemental to an Act entitled ‘An Act concerning crimes and punishments,’ approved March 26, 1861,” approved February 23, 1877.

[Approved March 28, 1907.]

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 wilfully and maliciously place any obstruction on the track of any railroad in the State, now in operation or which may hereafter be put in operation therein, or shall tear up or remove any part or portion of such railroad, or shall destroy, derange, misplace, or injure any rail, switch, block or other signaling device, culvert, viaduct, bridge, car, tender or engine, or wilfully and maliciously do or attempt to do any or either of said things, or any other act or thing, whereby the life and limb of any person may be endangered, shall be deemed guilty of a felony, and shall, upon conviction thereof, be punished with imprisonment in the State Prison for a period not exceeding twenty-one years.

Vandalism on railroad property.

Felony; punishment.

Chap. CLVIII.–An Act fixing and regulating the salaries and fees of certain officers of Washoe County, Nevada, and providing for the payment of the same.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act the Justices of the Peace and Constables of Reno, Sparks, Wadsworth, and Verdi Townships, in Washoe County, Nevada, shall be allowed salaries and fees as follows, to wit: The Justice of the Peace of Reno Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Justice of the Peace of Sparks Township, nine hundred dollars per annum, payable in twelve monthly installments of seventy-five dollars each; the Justice of the Peace of Wadsworth Township, nine hundred dollars per annum, payable in twelve monthly installments of seventy-five dollars each; the Justice of the Peace of Verdi Township, six hundred dollars per annum, payable in twelve monthly installments of fifty dollars each; the Constable of Reno Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Constable of Sparks Township, seven hundred and twenty dollars per annum, payable in twelve monthly installments of sixty dollars each; the Constable of Wadsworth Township, seven hundred and twenty dollars per annum, payable in twelve monthly installments of sixty dollars each; the Constable of Verdi Township, four hundred and eighty dollars per annum, payable in twelve monthly installments of forty dollars each.

Fixing salaries of Justices of the Peace and Constables in Reno, Sparks, Wadsworth, and Verdi Townships, Washoe County.

To retain civil fees.

Salaries regularly allowed.

Justices of the Peace and Constables of Reno, Sparks, Wadsworth, and Verdi Townships, in Washoe County, Nevada, shall be allowed salaries and fees as follows, to wit: The Justice of the Peace of Reno Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Justice of the Peace of Sparks Township, nine hundred dollars per annum, payable in twelve monthly installments of seventy-five dollars each; the Justice of the Peace of Wadsworth Township, nine hundred dollars per annum, payable in twelve monthly installments of seventy-five dollars each; the Justice of the Peace of Verdi Township, six hundred dollars per annum, payable in twelve monthly installments of fifty dollars each; the Constable of Reno Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Constable of Sparks Township, seven hundred and twenty dollars per annum, payable in twelve monthly installments of sixty dollars each; the Constable of Wadsworth Township, seven hundred and twenty dollars per annum, payable in twelve monthly installments of sixty dollars each; the Constable of Verdi Township, four hundred and eighty dollars per annum, payable in twelve monthly installments of forty dollars each.

      Sec. 2.  In addition to the salaries mentioned in the preceding section the said officers shall be entitled to collect and retain the fees, in civil cases only, as are now provided by law.

      Sec. 3.  The Board of County Commissioners of Washoe County, Nevada, shall allow the salaries named in section one of this Act as other salaries are allowed, the Auditor shall draw his warrants for the same, and the County Treasurer shall pay the same.

Deputies and copyists for county officers in Washoe County.

Proviso.

Chap. CLIX.–An Act to provide for the appointment of deputies and copyists for county officers of Washoe County in cases of emergency.

[Approved March 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The County Commissioners of Washoe County may in their discretion, whenever they deem the public needs and interests of the county requires, authorize the appointment of one or more deputies or copyists to any county officer under a stipulated salary; provided, that the compensation of such deputy or copyist shall not exceed the sum of three dollars per day, and not to exceed the sum of nine hundred dollars per annum. Said deputies and copyists to be paid monthly and in the same manner as other county officers are paid.

Chap. CLX.–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 29, 1907.]

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 of each school district, 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 electing one of their number President of the Board, who shall preside at the official meetings of the Trustees, and perform such other duties as are necessary in his capacity, and the Board shall elect a Clerk, who shall 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 and President. Said book shall at all times be subject to the inspection of any resident in the district, and shall be kept in the custody of the Clerk and subject to the order of the Board. The Clerk shall be subject to the orders of the majority of the Board, at any time, and he shall receive such monthly salary as the Board may allow; provided, that where the school population is five hundred or less the salary shall not exceed ten dollars per month; and provided, where the school population is over five hundred the salary shall not exceed twenty-five dollars per month.

      Sec. 2.  All Acts or parts of Acts in conflict herewith are hereby repealed.

Duties of School Trustees.

Journal.

Salary of Clerk.

Repeal.

Chap. CLXI.–An Act to provide additional means for paying the expenses of litigation now pending to prevent the pollution of the water of the Truckee River.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The further sum of fifteen hundred dollars is hereby appropriated out of any moneys not otherwise appropriated in the State Treasury of the State of Nevada, for the purpose of defraying the expenses incurred and to be incurred in the suit of The State of Nevada, Plaintiff v. Floriston Pulp and Paper Company, Defendant, now pending in the United States Circuit Court, Ninth Circuit, Northern District of California, brought for the purpose of restraining and preventing the pollution of the waters of the Truckee River and in any other court to which the same may be appealed, such expenditure to be paid as other claims against the State are allowed and paid, and the Board of County Commissioners of Washoe County, State of Nevada, are hereby authorized to allow against Washoe County, Nevada, an additional sum of fifteen hundred dollars for the purpose of defraying the expenses of said litigation, such expenditure on the part of Washoe County, to be allowed and paid as other claims against Washoe County are allowed and paid.

Appropriation of $1,500 for litigation to prevent pollution of Truckee River.

In effect.

other court to which the same may be appealed, such expenditure to be paid as other claims against the State are allowed and paid, and the Board of County Commissioners of Washoe County, State of Nevada, are hereby authorized to allow against Washoe County, Nevada, an additional sum of fifteen hundred dollars for the purpose of defraying the expenses of said litigation, such expenditure on the part of Washoe County, to be allowed and paid as other claims against Washoe County are allowed and paid.

      Sec. 2.  This Act shall take effect from and after its passage.

Delinquent taxes.

District Attorney to give reason why suit is not brought.

Chap. CLXII.–An Act to amend an Act entitled “An Act to provide revenue for the support of the government of the State of Nevada, and to repeal certain Acts relating thereto,” approved March 23, 1891.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section sixty-three of which this Act is amendatory is hereby amended so as to read as follows:

      Section 63.  On the first Monday of April and September in each year, the District or Prosecuting Attorney shall attend at the office of the County Auditor with the delinquent list or lists, and the Auditor shall then carefully compare the same with the Treasurer’s receipts and statements filed by the District or Prosecuting Attorney; and if the same shall be found to be correct, the Auditor shall give to the District or Prosecuting Attorney a receipt specifying the same. The District or Prosecuting Attorney shall at the same time deliver to the Auditor a written statement of all delinquent taxes upon said delinquent list or lists remaining uncollected, or for which suit has not been brought, with his reason in detail for not being able to collect the same, or for not bringing suit; and the Auditor shall immediately file the said delinquent list or lists and statement with the Clerk of the Board of County Commissioners, and the Board of County Commissioners shall revise the same by striking off such taxes as cannot be collected. The delinquent list or lists shall then be returned to the Auditor, who shall note the changes made, and shall then return the same to the District or Prosecuting Attorney, taking his receipt therefor. The County Auditor shall, in his report to the State Controller, state the amounts stricken off the delinquent list or lists by the Board of County Commissioners.

Chap. CLXIII.–An Act to further define and punish the crime of extortion.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  If any Judge, Justice of the Peace, Sheriff, Public Administrator, Clerk, Recorder, Constable, District Attorney, or any officer of a municipality within this State, or other officer of this State, ministerial or judicial, shall wilfully or corruptly ask or demand, as a condition precedent to the performance of his duty as such officer, any fee or reward except such as are allowed by law, every such officer so offending shall be deemed guilty of extortion, and on conviction thereof shall be fined in any sum not less than two hundred and fifty dollars nor more than one thousand dollars, and by removal from office.

      Sec. 2.  If any of the officers as mentioned in section one of this Act, or any other person, either verbally or by any written or printed communication, shall maliciously threaten any injury to the person or property of another, with intent thereby to extort money, or any pecuniary advantage whatever, or to compel the person so threatened to pay any money or do any act against his or her will, he shall be punished, upon conviction thereof, by imprisonment in the county jail not less than six months nor more than one year, or by a fine not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment.

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

Extortion further defined; punishment.

Threats punished.

Repeal.

Chap. CLXIV.–An Act to amend an Act entitled “An Act amendatory of an Act entitled ‘An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto,’ approved March 8, 1869,” approved February 25, 1905.

[Approved March 29, 1907.]

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.  Section one hundred and ninety-seven of said Act is hereby amended so as to read as follows:

      Section 197.  The party intending to move for a new trial shall give notice of the same, as follows: When the action has been tried by a jury, within ten days after the rendition of the verdict, and when the action has been tried by the court or by a referee, within ten days after receiving written notice of the rendering of the decision of the Judge or of the filing the report of the referee, the notice shall designate generally the grounds upon which the motion will be made.

Notice of new trial in civil cases, how given.

Notice of new trial in civil cases, how given.

of the verdict, and when the action has been tried by the court or by a referee, within ten days after receiving written notice of the rendering of the decision of the Judge or of the filing the report of the referee, the notice shall designate generally the grounds upon which the motion will be made. Within five days after giving such notice the said party shall prepare and file with the Clerk the affidavit or statement required by the last section. A copy of the affidavit shall, on the same day, be served on the adverse party. The party preparing the statement shall number the pages and lines thereof, and, after having filed the same with the Clerk, and had such filing entered and endorsed, shall serve the same on the adverse party on the same day, who may propose amendments thereto, referring to the page and line of the statement, and shall, within five days after the service on him of the statement, file his amendment with the Clerk, and, after having such filing entered and endorsed, shall, on the same day, serve the same, with the statement, upon the moving party, who shall, within five days thereafter, give written notice to the adverse party if he declines admitting the amendments, or they shall be deemed accepted. At any time thereafter either party may have the statement settled by the Judge or referee upon two days’ notice thereof to the other party. If no affidavit or statement be filed within five days after the notice for a new trial, the right to move for a new trial shall be waived. When the notice designates, as the ground upon which the motion will be made, the insufficiency of the evidence to justify the verdict or other decision, it shall be a sufficient assignment of error to specify that the verdict of the jury, or the decision, or judgment, or decree of the court, is not supported by the evidence, or is contrary to the evidence. In such case, where it appears that the evidence, taken altogether, does not support the verdict, or decision, or judgment, or decree of the court, a new trial shall be granted, or, upon appeal, the case shall be reversed without regard to whether there are express findings upon all the issues, or whether the specifications particularly point out the finding or findings, either express or implied, that are not supported by the evidence, or are contrary thereto. When the notice designates, as the ground of the motion, error in law occurring at the trial and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such specifications be made, the statement shall be disregarded. The statement shall contain so much of the evidence or reference thereto as may be necessary to explain the particular points thus specified, and no more. When the statement is agreed to it shall be accompanied with the certificate, either of the parties themselves in fact or their attorney, that the same has been agreed upon and is correct. When settled by the Judge or referee, it shall be accompanied with his certificate that the same has been allowed by him and is correct.

been allowed by him and is correct. When no amendments have been filed, the statement shall be accompanied with the certificate of the Clerk of that fact. On the argument, reference may also be made to the pleadings, depositions, and documentary evidence on file, testimony taken and written out by a shorthand reporter authorized by the court to make the same, and the minutes of the court. If the application be made upon affidavits filed, the adverse party may use counter affidavits on the hearing. Any counter affidavit shall be filed with the Clerk, and copies served on the moving party, at least two days previous to the hearing. The affidavits and counter affidavits, or the statement thus used in connection with such pleadings, depositions, documentary evidence on file, testimony taken by a reporter, and minutes of the court as are read or referred to on the hearing, shall constitute, without further statement, the papers to be used on appeal from the order granting or refusing the new trial. To identify the affidavits, it shall be sufficient for the Judge or Clerk to indorse them at the time as having been read or referred to on the hearing. To identify any depositions, documentary evidence on file, testimony taken by a reporter, or minutes of the court read or referred to on the hearing, it shall be sufficient that the Judge designate them as having been read or referred to in his certificate to be for that purpose by him made thereon. The several periods of time limited may be enlarged by the written agreement of the parties, or upon good cause shown by the court or the Judge before whom the cause was tried.

Notice of new trial in civil cases, how given.

Chap. CLXV.–An Act to give foreign corporations the benefits of the statute of limitations of this State on certain conditions.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Every foreign corporation doing business in the State of Nevada, which complies with all the provisions of the laws of this State, with reference to or concerning such corporations, is and shall be thereafter entitled to the benefit of the laws of this State, limiting the time for the commencement of civil actions, but no such corporation is or shall be entitled to the benefit thereof, nor can any such corporation maintain or defend any action or proceeding in any court of this State, until such corporation has complied with all the said laws of this State.

      Sec. 2.  This Act shall take effect immediately.

Statute of limitations to apply to foreign corporations.

In effect.

Incorporation of banks.

Articles or certificate to be filed with Secretary of State.

What articles shall recite.

Chap. CLXVI.–An Act to provide for the incorporation of banks, banking institutions and saving societies, and the management of the affairs thereof, and other matters relating thereto, providing penalties for the violation of the provisions of this Act, and repealing all Acts in conflict thereof.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Any number of persons, not less than three, may associate themselves together to establish a corporation for the transaction of a general banking business, or for the purpose of aggregating the funds and savings of the members thereof, and others, and preserving and safely investing the same for their common benefit.

      Sec. 2.  The persons who desire to form a corporation for the purposes set forth in section one shall make, sign and acknowledge before some person competent to take an 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 corporation is intendent to be located, articles of incorporation, or a certificate of incorporation, and file a certified copy, under the hand and seal of the Clerk of said county, in the office of the Secretary of State, of said articles or certificate of incorporation.

      Sec. 3.  The articles shall set forth the following:

      1. The name assumed to distinguish such corporation, and to be used in all its dealings, and shall be such as to distinguish it from any other corporation formed or incorporated under the laws of this State.

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

      3. The amount of the capital stock of such corporation, and the number of shares into which the same is divided.

      4. The names and places of residence of the stockholders, and the number of shares held by each of them respectively.

      5. The period of its existence.

      6. 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.

      7. There shall be attached to the articles or certificate of incorporation the affidavit of the persons named in said articles or certificate of incorporation as the incorporators thereof, that at least fifty per centum of the capital stock of said corporation has been actually and in good faith subscribed, and at least fifty per centum of the capital stock so subscribed has been actually paid in lawful money of the United States, to a person in such affidavit named, for the benefit of the corporation.

      Sec. 4.  Upon making the certificate or articles of incorporation and the affidavit as aforesaid, 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. The balance of the capital stock remaining unpaid shall be paid in within two years after said banking corporation receives its certificate of incorporation, and if not so paid, said banking corporation shall cease to do business; provided, however, that the provisions of this section shall not apply to corporations now in existence.

      Sec. 5.  The affairs and business of any banking corporation doing business under this Act shall be managed and controlled by a board of directors, or trustees, not less than three, nor more than thirteen in number, who shall be selected from the stockholders in the manner provided in the General Incorporation Act, a majority of whom shall be residents of Nevada. Such officers shall hold their offices for the term of one year, and until their successors are elected and qualified, and before entering upon the discharge of their duties shall take and subscribe the usual official oath. The board of directors shall require the cashier, and any and all other officers having the care and handling of the funds of the bank, to give good and sufficient bond, to be approved by them, and held by such custodian as the board may designate. The board of directors shall hold not less than four regular meetings each year, and at such meetings a thorough examination of the books, records, funds and securities held by the bank shall be made by them, and the result of such examination shall be recorded in detail upon the record book of the bank.

      Sec. 6.  No transfer of stock of any bank formed under this Act shall be valid as against the bank so long as the registered holder thereof shall be liable, either as principal debtor, surety or otherwise to the corporation for any debts which shall be due and unpaid; and no stock shall be transferred upon the books of any bank without the consent of a majority of the directors while the registered holder is indebted to the bank.

      Sec. 7.  It shall be lawful for any such company or corporation to purchase, hold and convey real estate for the following purposes:

      1. Such as shall be necessary for its immediate accommodation in the convenient transaction of its business and for office purposes.

      2. Such as shall be mortgaged to it by way of security for loans made by, or for moneys due to, such corporation.

Secretary of State to issue certificate.

Proviso.

Managing boards of banks.

Transfers of bank stock.

Banks may deal in real estate in certain cases.

Prohibition as to real estate.

No bank officer to be surety for borrower.

Nor to borrow any deposits.

Insolvent institutions not to receive deposits.

Insolvency defined.

      3. Such as shall be taken by it in satisfaction of any debts contracted in the course of its dealings.

      4. Such as it shall purchase at sales under judgment decrees or mortgages held by such corporation, but such corporation shall not bid at such sale a larger amount than to satisfy such debts and costs.

      Sec. 8.  That said corporation shall not purchase, hold, or convey real estate in any other case or for any other purposes, and all conveyances of such real estate shall be made to such corporation in the name mentioned in the articles or certificate of incorporation, and said corporation may sell and convey the same free from any claim thereon against any of the stockholders or any person claiming under them, by a conveyance under the hand and seal of the president or vice-president and cashier of said corporation duly acknowledged.

      Sec. 9.  No director or officer of any banking corporation shall become an endorser or surety for loans to others, nor in any manner become obligor for moneys borrowed of or loaned by such corporation. The office of any director or officer who acts in contravention of the provisions of this section immediately thereof becomes vacant, and he shall not be reelected or appointed to such vacancy while such indebtedness exists.

      Sec. 10.  No director or officer of any banking corporation can directly or indirectly for himself, or as the agent of others, borrow any of the deposits or other funds of such corporation, unless he gives good and sufficient security for the repayment of the said loan, which said security must be approved by the board of directors of the corporation.

      Sec. 11.  It shall be unlawful for any president, director, manager, cashier, or other officer of any banking institution, to assent to the reception of deposits, or the creation of debts by such banking institution, after he shall have had knowledge of the fact that it is insolvent, or in failing circumstances; and it is hereby made the duty of every such officer, agent or manager of such banking institution to examine into the affairs of the same, and if possible know its condition; and upon failure of any such person to discharge such duty he shall for the purpose of this Act be held to have had knowledge of the insolvency of such bank, or that it was in failing circumstances. Every person violating the provisions of this section shall be individually responsible for such deposits so received and all such debts so contracted; provided, that any director who may have paid more than his share of the liabilities mentioned in this section may have a proper remedy at law against such other persons as shall not have paid their full share of such liabilities.

      Sec. 12.  A bank shall be deemed to be insolvent, first, when the actual cash market value of its assets is insufficient to pay its liabilities; second, when it is unable to meet the demands of its creditors in the usual and customary manner.

      Sec. 13.  Whenever any shareholder, or his assignee, fails to pay any assessment on his stock, when the same is required to be paid, the directors of such bank may sell the stock of such delinquent shareholder, or as much thereof as is necessary to satisfy the debt, at public auction, after having given three weeks’ previous notice thereof in a newspaper published and in general circulation in the city or county where the bank is located, to any person who will pay the highest price therefor, to be not less than the amount due thereon with the expenses of the advertisement and sale; but said stock so bid for shall at the price bid be first tendered to the other stockholders of said bank at said price, and if said stock is not taken by the said stockholders or any of them, then said stock shall be sold to the said highest bidder, and the excess, if any, shall be paid to the delinquent stockholder. If no bidder can be found who will pay for such stock the amount due thereon, and the cost of the advertisement and sale, the amount previously paid shall be forfeited to the bank, and such stock shall be sold as the directors shall order, within six months from the time of such forfeiture.

      Sec. 14.  No banker or officer of any bank or corporation doing a banking business, shall advertise in any manner, or publish any statement of the capital stock authorized or subscribed, unless he advertise and publish in connection therewith, the amount of capital actually paid up. Any officer or the officers of any bank or corporation doing a banking business, advertising in any manner, or publishing a statement of the capital stock of such bank or banking corporation authorized or subscribed, without the statement in connection therewith of the stock actually paid in, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars, or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

      Sec. 15.  All provisions of “An Act providing a General Corporation Law,” approved March 15, 1903, amended March 14, 1905, not in conflict with this Act are hereby adopted as a part of this Act.

Bank stock may be sold for delinquent assessment.

Advertisements must state amount of paid-up capital.

General Act to apply.

Chap. CLXVII.–An Act to regulate the purchase of ore.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Any person, copartnership, association or corporation in the actual and peaceable possession of any mining claim, under claim or color of title, and engaged in the mining, shipment and treatment, or sale of ores therefrom, shall, as to all persons purchasing such ore or ores in good faith and without notice as herein provided, of the title or claim of title or ownership of any other person, copartnership, association or corporation thereto shall be deemed to be the lawful owner or owners of such ore or ores.

Legal owner of ore.

Legal purchaser of ore.

Exception.

Disputed title to ore mined.

title or ownership of any other person, copartnership, association or corporation thereto shall be deemed to be the lawful owner or owners of such ore or ores.

      Sec. 2.  Any person who, or copartnership, association or corporation which shall in good faith and in the usual course of business and without notice, as hereinafter provided, purchase and obtain delivery of any ore or ores from any person, copartnership, association or corporation in possession of the mines, mining claim or claims, from which such ore or ores shall have been mined and extracted, shall be deemed the owner or owners of such ores except as herein provided; and he or they shall not be liable to, or subject to any action at law or in equity, for the recovery of the same or the value thereof by any person, copartnership, association or corporation who or which may thereafter be adjudged to be the owner or owners of such mine, mines, mining claim or claims.

      Sec. 3.  If any person, copartnership, association or corporation shall be or shall claim to be the owner or owners, or entitled to the possession or enjoyment of any mine, mines, mining claim, claims or premises, then in the possession of some other person, copartnership, association or corporation claiming to be the owner or owners or entitled to the possession thereof, and mining, shipping and treating or selling the ore therefrom, may, if he, they, or it shall intend or desire to hold purchasers of or those intending to purchase such ore or ores, responsible for the value thereof, serve or cause to be served upon such purchaser or purchasers, or intending purchaser or purchasers, a notice in writing, which shall contain the name of the mine, mines, mining claim, claims or premises, the name of the person, copartnership, association or corporation claiming or asserting ownership or right to the possession or enjoyment thereof, the name or names of the person, copartnership, association or corporation in possession of and mining, shipping and selling ore therefrom, and warning such purchaser or purchasers, or intending purchaser or purchasers, that he, they or it will be held liable and responsible for all ore or ores by him, them, or it purchased and delivered or to be purchased and delivered from such mine, mines, mining claim, claims or premises by such person, copartnership, association or corporation, or his, their or its heirs, assigns or agents subsequent to the service of such notice. Within thirty days from and after the service of such notice, the person, copartnership, association or corporation serving or causing to be served the same, shall institute an action to enforce his, their or its title in some court of competent jurisdiction against the person, copartnership, association or corporation in possession of and mining and shipping ore from such mine, mines, mining claim, claims or premises, and to enjoin him, them or it from the mining or shipment and sale of ores taken therefrom, pending such action, and at once notify such purchaser or purchasers or intending purchaser or purchasers of such ore or ores of the pendency of such action; provided, that if the notice hereinabove required shall be served after such an action shall have been instituted, it shall not be necessary to commence another under the provisions hereof.

chasers or intending purchaser or purchasers of such ore or ores of the pendency of such action; provided, that if the notice hereinabove required shall be served after such an action shall have been instituted, it shall not be necessary to commence another under the provisions hereof.

      Sec. 4.  If any person, copartnership, association or corporation claiming title to or right of possession of such mine, mines, mining claim, claims or premises, not having before then brought action, shall serve a notice upon any purchaser or purchasers or intending purchaser or purchasers of ore or ores, as provided in section three of this Act, and shall fail or neglect to institute an action as herein required, such notice shall be deemed to have been waived, and the party or parties serving such notice shall be liable to the parties injured thereby in double damages including costs and reasonable attorney fees, and such purchaser or purchasers or intending purchaser or purchasers shall not be bound by anything therein contained.

      Sec. 5.  Any purchaser of ore or ores, who or which shall have received the notice herein provided for, and followed or preceded by the commencement of an action, as herein set forth, [who] shall purchase or continue to purchase and receive ores taken from the mine, mines, mining claim, claims or premises named therein, shall be liable and responsible for the value thereof to the person, copartnership, association or corporation who or which shall be ultimately adjudged or decreed to be the owner or entitled to the possession thereof.

      Sec. 6.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Disputed title to ore mined.

When waived.

Purchaser of ore responsible to real owner.

Repeal.

Chap. CLXVIII.–An Act to provide for the substitution of other defendants in certain cases, and for the action of interpleader by the custodian of property claimed adversely by different parties.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  A defendant against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such property, upon notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property, or its value, to such person as the court may direct; and the court may, in its discretion, make the order. And whenever conflicting claims are or may be made upon a person for or relating to personal property or the performance of an obligation or any portion thereof, such person may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.

Substitution of defendants, when.

Action of interpleader, when.

may be made upon a person for or relating to personal property or the performance of an obligation or any portion thereof, such person may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. The order of substitution may be made, and applicant or plaintiff be discharged from liability to all or any of the conflicting claimants, although their titles or claims have not a common origin, or are not identical, but are adverse to and independent of one another.

Alias summons, when.

Chap. CLXIX.–An Act to amend an Act entitled “An Act to provide for an alias summons,” approved February 23, 1899.

[Approved March 29, 1907.]

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.  Whenever any summons shall be returned not executed as to any defendant, or shall have been lost or destroyed, the plaintiff shall be entitled to another summons, toties quoties, against such defendant, if he shall require it, until due service shall be made.

License for certain bookmaking.

Penalty for violation.

Repeal.

In effect.

Chap. CLXX.–An Act regulating within this State bookmaking on horse races, prize fights, or any games conducted outside this State.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  It is hereby made unlawful for any person or persons in this State to engage in, conduct or carry on any bookmaking on horse races, prize fights, or any games conducted outside of this State without having first paid a license therefor in the sum of one hundred dollars for the first month, and seventy-five dollars for each succeeding month.

      Sec. 2.  Any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall each be fined in the sum of three hundred dollars, or imprisoned in the county jail for the period of six months, or by both such fine and imprisonment.

      Sec. 3.  All laws and parts of laws in conflict herewith are hereby repealed.

      Sec. 4.  This Act shall be in full force and effect immediately after its approval.

Chap. CLXXI.–An Act to amend An Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section fifty-seven of said Act is hereby amended so as to read as follows:

      Section 57.  Every person who shall wilfully and maliciously burn, or cause to be burned, any dwelling house or building owned by himself, or the property of another, in the daytime, or in the night or daytime wilfully burn, or cause to be burned, any kitchen, office, shop, barn, stable, storehouse, warehouse, or other building, or stacks or stocks of grain, or stacks or stocks of hay or straw, or cordwood or lumber, or charcoal, of the value of fifty dollars or more, or standing crops, the property of any other person or corporation, or any church, meeting house, school house, state house, court house, or other public building, or any ship, vessel, boat, or other water craft, or any bridge or railroad car or engine, of the value of fifty dollars or more, erected across any of the waters of this State, such person so offending shall be deemed guilty of arson in the second degree, and, upon conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one year nor more than ten years; and should the life or lives of any person or persons be lost in consequence of such burning, as mentioned in this and the preceding section, such offender shall be deemed guilty of murder, and shall be indicted and punished accordingly.

Arson in second degree.

Penalty.

Chap. CLXXII.–An Act adding an additional section to be known as Section 137 1/2 to an Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  A new section to be known as Section 137 1/2 is hereby added to an Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861, the same to read as follows:

      Section 137 1/2.  Any person who obtains any food or accommodation at any hotel, inn, restaurant, boarding-house or lodging house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at any hotel, inn, restaurant, boarding-house, or lodging-house by the use of any false pretense, or who, after obtaining credit or accommodation at an hotel, inn, restaurant, boarding-house, or lodging-house, absconds or surreptitiously removes his

New section.

Defrauding hotels, etc.

baggage therefrom without paying for his food or accom modations is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $100 or by imprisonment in the county jail not to exceed six months.

Railroad franchise in Elko and White Pine Counties.

Commencement and completion.

Railroad Acts to apply.

Chap. CLXXIII.–An Act to grant the right of way to C. D. Galvin, A. J. Burke, C. F. De Armond, and R. E. Skaggs and their associates for the construction and operation of a railroad from Elko to the Ruby Mountain Mining District, White Pine County, State of Nevada, and matters relating thereto.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The right of way to locate, construct, maintain and operate, either by steam or electric motive power, a narrow or broad-gage railroad with iron or steel rails over or along such route as may be deemed most feasible and advantageous from Elko to Ely, via the Ruby Mountain Mining District, White Pine County, and a branch line to Bullion in Elko County, State of Nevada, to be located by said grantees [and matters relating thereto] is hereby granted to C. D. Galvin, A. J. Burke, C. F. De Armond, and R. E. Skaggs, their associates, successors and assigns for the term of fifty years; provided, the right of way hereby granted shall not exceed two hundred feet in width; and provided further, that the construction of said railroad shall be commenced within one year from the passage of this Act and completed within five years thereafter.

      Sec. 2.  That said C. D. Galvin, A. J. Burke, C. F. De Armond and R. E. Skaggs and their associates, successors and assigns, shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State under and pursuant 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 as far as the same are consistent with the provisions of this Act.

Chap. CLXXIV.–An Act to regulate grubstake contracts and prospecting agreements, and to provide for the recording of the same.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  All grubstake contracts and prospecting agreements hereafter entered into, and which may in any way affect the title of mining locations, or other locations under the mining laws of this State, shall be void and of no effect, except between the parties to said contract or agreement, unless the instrument shall first have been recorded in the office of the County Recorder of the county in which said instrument is made.

ments hereafter entered into, and which may in any way affect the title of mining locations, or other locations under the mining laws of this State, shall be void and of no effect, except between the parties to said contract or agreement, unless the instrument shall first have been recorded in the office of the County Recorder of the county in which said instrument is made. The instrument or instruments shall be duly acknowledged before a Notary Public or other person competent to take acknowledgments. Grubstake contracts and prospecting agreements, duly acknowledged and recorded as provided for in this Act, shall be prima facie evidence in all courts of justice in this State in all cases wherein the title to mining locations and other locations under the mining laws of this State are in dispute.

Grubstake contracts to be recorded.

Evidence in all courts.

Chap. CLXXV.–An Act to amend an Act entitled “An Act to provide for the education of the deaf and dumb and the blind of the State of Nevada,” approved March 2, 1869; amended and approved March 24, 1905.

[Approved March 29, 1907.]

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 to read as follows:

      Section 1.  The Superintendent of Public Instruction is authorized to make arrangements with the directors of any institutions for the deaf and dumb and the blind in the State of California, or in the State of Utah, for the admission, support, education and care of the deaf and dumb and the blind of this State, and for that purpose is hereby empowered to make all needful contracts and agreements to carry out the provisions of this Act.

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

      Section 2.  Upon the application under oath of a parent, relative, guardian or nearest friend of any deaf, dumb or blind person, resident of this State, setting forth that by reason of deafness, dumbness, or blindness, such person is disqualified from being taught by the ordinary process of instruction or education, and that such parent, relative, guardian or nearest friend is unable to pay for his or her support, education and instruction in any of the aforesaid institutions and file the same with the Board of County Commissioners of the proper county, and such Board shall be satisfied of the truth thereof and such Board shall have made application to the Superintendent of Public Instruction for that purpose, it shall be the duty of the Superintendent of Public Instruction to issue a certificate to that effect, which certificate being produced, shall be the authority of the directors of any of the institutions aforesaid for receiving such deaf and dumb or blind person.

Deaf, dumb, and blind sent to California or Utah institutions.

Application, how made.

All intelligent and healthy deaf, dumb, and blind persons to receive tuition.

tions aforesaid for receiving such deaf and dumb or blind person.

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

      Section 4.  All deaf and dumb or blind persons that are not mentally or physically incapacitated to receive an education or instruction, that are free from offensive or contagious diseases, and are unable to pay for their support, education and instruction in any of the aforesaid institutions, and whose parent, relative, guardian or nearest friend is unable to pay for his or her support, education and instruction in any of the aforesaid institutions, shall be entitled to the benefits intended by this Act, and it is hereby made the duty of the Board of County Commissioners of such county to make provisions, at the expense of the county, for carrying such person to the office of the Superintendent of Public Instruction, who shall make necessary arrangements for carrying the person to any of the institutions of instruction before mentioned, at the expense of the State, payable out of the fund provided by this Act. All deaf, dumb or blind persons over the age of twenty-one years seeking admission into the aforesaid institutions shall, before making application under this Act, have been actual, bona fide residents of the State of Nevada for the period of five years preceding the date of making such application.

All officers to pay for imprint of State seal.

Chap. CLXXVI.–An Act to amend an Act entitled “An Act in relation to the State Library,” approved February 14, 1865.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

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

      Section 7.  Each and every officer of this State, civil and military, except Commissioners of Deeds and Notaries Public, shall, at the time of the issuance of his commission, and before entering upon the duties of his office, pay to the Secretary of State the sum of five dollars, which, with all fees of whatever character, by the laws now in force, or which may hereafter be provided to be charged and collected in the office of the Secretary of State, shall constitute a portion of the Library Fund; and the Secretary of State shall exhibit an account of, under oath, and pay to the State Treasurer, at the end of each quarter, dating from the first day of January, all moneys collected under this Act, and the same, together with such revenues as are hereinafter provided, shall be reserved, set apart, and appropriated, as a State Library Fund. On the thirty-first day of December, nineteen hundred and seven, and annually thereafter, the State Treasurer shall take from the said Library Fund all moneys in excess of the sum of five thousand dollars, if there be any surplus, and transfer one-half of such moneys to the General Fund of the State Treasury, and the other half to the General State School Fund of the State Treasury.

annually thereafter, the State Treasurer shall take from the said Library Fund all moneys in excess of the sum of five thousand dollars, if there be any surplus, and transfer one-half of such moneys to the General Fund of the State Treasury, and the other half to the General State School Fund of the State Treasury.

All amounts above $5,000 yearly to go to other funds.

Chap. CLXXVII.–An Act forbidding the antedating or false dating of location notices on mining claims and prescribing the penalty therefor.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  On and after the first day of April, 1907, it shall be unlawful for any person to antedate or to put any false date, or date other than the one on which the location is made, upon any notice of location of any mining claim in the State of Nevada.

      Sec. 2.  Any person violating the provisions of this Act shall be deemed guilty of a felony and, upon conviction therefor, shall be imprisoned in the State Prison for not less than three nor more than ten years.

False dating of location notices forbidden.

Penalty.

Chap. CLXXVIII.–An Act regulating and prescribing the hours that Sheriffs, County Recorders, County Clerks, County Treasurers, and District Attorneys of all of the counties in the State of Nevada shall keep their offices open for the transaction of public business, and providing a penalty for the violation thereof, and repealing all Acts in conflict herewith.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Sheriffs, County Recorders, County Clerks, County Treasurers and District Attorneys shall keep an office at the county seat of their county, which shall be kept open on all days except Sundays and non-judicial days, from nine o’clock a. m. to twelve o’clock a. m., and from one o’clock p. m. to five o’clock p. m. for the transaction of public business; provided, that the provisions of this Act shall not apply to the District Attorney when called away from his office by official duties.

      Sec. 2.  Any officer violating the provisions of section one of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars, nor more than thirty dollars, or by imprisonment in the county jail not less than five days, nor more than fifteen days.

Office hours of county officers.

Exception.

Penalty.

Repeal.

in the county jail not less than five days, nor more than fifteen days.

      Sec. 3.  All Acts or parts of Acts in conflict herewith are hereby repealed.

Local drummers not taxed.

Exception.

Chap. CLXXIX.–An Act forbidding the collection of licenses from drummers and traveling salesmen from manufactories, jobbers and wholesale houses located in the State of Nevada.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  On and after the first day of April, 1907, it shall be unlawful for any county, city or town to impose or collect any license or tax upon or from any drummer or traveling salesman employed by, and selling the goods of, any manufacturer, compounder, wholesaler or jobber whose factory or store is located in Nevada.

      Sec. 2.  The provisions of section one of this Act shall not apply to peddlers or hucksters.

Trademark and union labels protected.

Exclusive use of same.

Chap. CLXXX.–An Act to protect persons, associations and unions of workingmen and others in their labels, trademarks and forms of advertising, and to provide a penalty for the violation of the provisions of this Act.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  (Trademark Filing.)  Every person or association or union of workingmen or others that has adopted or shall adopt for their protection any label, trademark or form of advertisement, may file the same for record in the office of the Secretary of State by leaving two copies, counterparts or fac-similes thereof with the Secretary of State. Said Secretary shall thereupon deliver to such person, association or union so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of two ($2) dollars. Such certificate of record shall in all actions and prosecutions, under the following three sections be sufficient proof of the adoption of such label, trademark or form of advertisement, and the right of said person, association or union to adopt the same.

      Sec. 2.  (Same; Exclusive Use; Damages.)  Every person, association or union adopting a label, trademark, or form of advertisement, as specified in the preceding section, may proceed by action to enjoin the manufacture, use, display or sale of any counterfeit or imitation thereof; and all courts having jurisdiction of such actions shall grant injunctions to restrain such manufacture, use, display or sale and a reasonable attorney’s fee, to be fixed by the court, and shall require the defendant to pay to such person, association or union the profits derived from such wrongful manufacture, use, display or sale, and a reasonable attorney’s fee to be fixed by the court, and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court to be destroyed.

jurisdiction of such actions shall grant injunctions to restrain such manufacture, use, display or sale and a reasonable attorney’s fee, to be fixed by the court, and shall require the defendant to pay to such person, association or union the profits derived from such wrongful manufacture, use, display or sale, and a reasonable attorney’s fee to be fixed by the court, and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court to be destroyed. Such actions may be prosecuted for the benefit of any association or union by any officers or members thereof.

      Sec. 3.  (Same, Counterfeiting.)  It shall be unlawful for any person or corporation to imitate any label, trademark or form of advertisement adopted as provided in the second preceding section, or to knowingly use any counterfeit or imitation thereof, or to use or display such genuine label, trademark or form or advertisement or the name or seal of such person, union, or association, or of any officer thereof, unless authorized so to do, or in any manner not authorized by him or it. Any person violating any provisions of this section shall be imprisoned in the county jail not more than thirty days or be fined not less than twenty-five nor more than one hundred dollars.

Damages recovered.

Counterfeiting of trademarks and labels punished.

Chap. CLXXXI.–An Act to provide for the amicable adjustment of differences that may arise between employers and employees.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  That whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between an employer and his employees, seriously interrupting or threatening to interrupt the business of the employer, the Governor shall, upon the request of either party to the controversy, with all practicable expedition, put himself in communication with the parties to such controversy, and shall use his best efforts, by mediation and conciliation, to amicably settle the same. He may either exercise such powers of conciliation himself, or appoint a commission for such purpose. If such efforts of conciliation shall be unsuccessful, the Governor shall at once endeavor to bring about an arbitration of such controversy in accordance with the provisions of this Act.

      Sec. 2.  That whenever such controversy shall arise beween an employer and his employees which cannot be settled by mediation and conciliation in the manner provided in the preceding section, such controversy may, with the consent of the parties to the controversy, be submitted to the arbitration of a board of three persons who shall be chosen in the manner following: One shall be named by the employer directly interested; the other by the labor organization to which the employees directly interested belong, or if they belong to more than one, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations.

Arbitration in labor difficulties.

Governor to act.

Board of arbitration.

Board of arbitration.

Provisions for action of board of arbitration.

Same.

Same.

Same.

a board of three persons who shall be chosen in the manner following: One shall be named by the employer directly interested; the other by the labor organization to which the employees directly interested belong, or if they belong to more than one, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations. The two thus chosen shall select the third commissioner of arbitration, but in the event of their failure to name such arbitrator within five days after their first meeting, the three arbitrators shall be named by the Governor. A majority of said arbitrators shall be competent to make a binding and valid award under the provisions hereof. The submission shall be in writing, shall be signed by the employer and by the labor organization or organizations representing employees, shall specify the time and place of meeting of such Board of Arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate as follows:

      First-That the board of arbitration shall commence their hearings within ten days from the date of the appointment of the third arbitrator, and shall find and file their award within thirty days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed; provided, that no employee shall be compelled to render personal service without his consent.

      Second-That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators, shall be filed in the Clerk’s office of the District Court for the district wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.

      Third-That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit; provided, that no injunction or other legal process shall be issued which shall compel the performance by any laborer against his will of a contract for personal labor or service.

      Fourth-That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of three months from and after the making of such award without giving thirty days’ notice in writing of their intention so to quit. Nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of three months from and after the making of such award without giving thirty days’ notice in writing of his intention so to discharge.

      Fifth-That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of said one year if the award is not set aside as provided.

the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of said one year if the award is not set aside as provided.

      Sec. 3.  That the award being filed in the Clerk’s office of the District Court, as hereinbefore provided, shall go into practical operation, and judgment shall be entered thereon accordingly at the expiration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent on the record, in which case said award shall go into practical operation and judgment be entered accordingly when such exceptions shall have been finally disposed of either by said District Court or on appeal therefrom. At the expiration of ten days from the decision of the District Court upon exception taken to said award as aforesaid, judgment shall be entered in accordance with said decision, unless during said ten days either party shall appeal therefrom to the Supreme Court of the State of Nevada. In such case only such portion of the record shall be transmitted to the Supreme Court as is necessary to a proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said Supreme Court upon said questions shall be final, and being certified by the Clerk thereof to said District Court, judgment pursuant thereto shall thereupon be entered by said District Court. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon award.

      Sec. 4.  That for the purposes of this Act the arbitrators herein provided for, or either of them, shall have power to administer oaths and affirmations, sign subpenas, require the attendance and testimony of witnesses, and the production of such books, papers, contracts, agreements, and documents material to a just determination of the matters under investigation, as may be ordered by the courts; and may invoke the aid of the said courts to compel witnesses to attend and testify, and to produce such books, papers, contracts, agreements and documents as the courts shall determine to be material and competent evidence.

      Sec. 5.  That every agreement of arbitration under this Act shall be acknowledged by the parties before a Notary Public or Clerk of the District Court of the State, and when so acknowledged a copy of the same shall be filed with and recorded by the County Recorder of the county in which the arbitration is entered into, and a copy shall also be sent to the Governor who shall file the same in the office of the Secretary of State, who shall cause a notice in writing to be served upon the arbitrators, fixing the time and place for a meeting of said Board, which shall be within fifteen days from the execution of said agreement of arbitration; provided, however, that the Governor shall decline to call a meeting of the arbitrators under such agreement unless it be shown to his satisfaction that the employees signing the submission represent or include a majority of all the employees in the service of the same employer and of the same grade and class, and that an award pursuant to said submission can justly be regarded as binding upon all such employees.

Provisions for action of board of arbitration.

Decision of arbitrators to stand.

Exception.

Arbitrators may issue subpenas, etc.

Arbitration agreements must be acknowledged.

Report to Governor.

Certain obligations to be observed by both parties during pendency of arbitration.

Compensation of arbitrators.

upon the arbitrators, fixing the time and place for a meeting of said Board, which shall be within fifteen days from the execution of said agreement of arbitration; provided, however, that the Governor shall decline to call a meeting of the arbitrators under such agreement unless it be shown to his satisfaction that the employees signing the submission represent or include a majority of all the employees in the service of the same employer and of the same grade and class, and that an award pursuant to said submission can justly be regarded as binding upon all such employees.

      Sec. 6.  That during the pendency of arbitration under this Act it shall not be lawful for the employer, party to such arbitration, to discharge the employees, parties thereto, except for inefficiency, violation of law, or neglect of duty; nor for the organization representing such employees to order, nor for the employees to unite in, aid or abet, strikes against said employer; nor, during a period of three months after an award under such an arbitration, for such employer to discharge any such employees, except for the causes aforesaid, without giving thirty days’ written notice of an intent so to discharge; nor for any of such employees, during a like period, to quit the service of said employer without just cause, without giving to said employer thirty days’ written notice of an intent so to do; nor for such organization representing such employees to order, counsel, or advise otherwise. Any violation of this section shall subject the offending party to liability for damages; provided, that nothing herein contained shall be construed to prevent any employer, party to such arbitration, from reducing the number of its or his employees whenever in its or his judgment business necessities require such a reduction.

      Sec. 7.  The agreement of arbitration shall provide for the compensation of arbitrators, and their traveling and other necessary expenses.

Election of Superintendent of Public Instruction.

Chap. CLXXXII.–An Act to provide for a reorganization of the system of school supervision and maintenance, to repeal all Acts and parts of Acts in conflict therewith, and matters properly connected therewith.

[Approved March 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Superintendent of Public Instruction shall be elected quadrennially by the qualified electors of the State at the same time and in the same manner as the Governor is elected and shall hold office for the term of four years from the first Monday in January next after the election, and until his successor is elected and qualified.

      Sec. 2.  The Superintendent of Public Instruction shall have power and it shall be his duty:

      First-To visit each county in the State at least once each year for the purpose of conducting teachers’ institutes, visiting schools, consulting with school officers, and addressing public assemblies on subjects pertaining to the schools.

      Second-To apportion the General School Fund among the several counties as provided in section ninety of this Act.

      Third-To apportion the school funds of each county among its various districts as provided in section ninety-one of this Act.

      Fourth-To report to the Governor, biennially, on or before the first day of December of the years preceding the regular session of the Legislature. The Governor shall transmit said report to the Legislature; and whenever it is ordered published the State Printer shall deliver a sufficient number of copies to the Superintendent, who shall distribute the same among school officers of the State and of the United States. Said report shall contain a full statement of the condition of public instruction in the State; a statement of the condition and amount of all funds and property appropriated to the purpose of education; the number and grade of schools in each county; the number of children in each county between the ages of six and eighteen years of age; the number of such attending public schools; the number attending private schools; the number attending no schools; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public school moneys apportioned to each county; the amount of money raised by county taxation, district tax, subscription or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building school houses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational interests of the State as he may think of importance.

      Fifth-To prescribe suitable rules and regulations for making all reports and conducting all necessary proceedings under this Act and to furnish suitable blank forms for the same; to cause the same, with such instructions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish each school district in the State with such registers. He shall prepare pamphlet copies of the school law and all amendments thereto, and shall transmit a copy thereof to each school trustee, school marshal, and school teacher in the State.

      Sixth-To convene a State Teachers’ Institute biennially in the even-numbered years in such place and at such time as he may deem advisable.

Duties of said officer.

Visit schools.

Apportion School Fund.

Same, county funds.

Report bienially.

Rules.

Teachers’ Institutes.

Teachers’ Institutes.

Same.

Meetings of State Board of Education.

Appoint Trustees.

Nominate Deputies.

Printing.

Deliver property.

as he may deem advisable. It shall be his further duty to convene five District Teachers’ Institutes in the various sections of the State biennially in the odd-numbered years in such places and at such times as he may deem advisable. He shall engage such institute lecturers and teachers as he shall deem advisable, and shall preside over and regulate the exercises of all State and District Institutes. No institute shall continue less than four or more than ten days. The expense incurred in holding such institutes shall be paid out of the State General Fund; provided, that the amount for the State Institute shall not exceed two hundred dollars nor the amount of any one District Institute one hundred and fifty dollars, and the State controller is hereby authorized and directed to draw his warrants for the same upon the order of the Superintendent of Public Instruction. All teachers shall be required to attend the District Institutes held in the supervision districts in which they may be teaching respectively, unless they shall be excused for good cause by the Superintendent of Public Instruction, and without loss of salary for the time thus employed.

      Seventh-To call, with the approval of the Board of County Commissioners, a county teachers’ institute in any county at such time and place as in his judgment will best subserve the educational interests of the county, and to preside over and regulate the exercises of the same. The expenses of such institute shall be paid out of the County General Fund of the county in which such institute is held; provided, that the Board of County Commissioners shall authorize such institute upon the application of the Superintendent of Public Instruction; and provided, that such expenses shall not exceed the sum of one hundred dollars. All teachers shall be required to attend any county institute held in the counties in which they shall be teaching respectively, unless excused for good cause by the Superintendent of Public Instruction, and without loss of salary for the time thus employed.

      Eighth-To call meetings of the State Board of Education in January and July of each year and at such other times as he shall deem proper or when two members of said Board shall request a meeting.

      Ninth-To appoint School Trustees in all districts in which the qualified voters fail to elect, and to fill by appointment all vacancies occurring in said office.

      Tenth-To nominate Deputy Superintendents of Public Instruction for appointment by the State Board of Education.

      Eleventh-To perform such other duties relative to the public schools as may be prescribed by law.

      Twelfth-To have done at the State Printing Office any printing required under this Act.

      Sec. 3.  The Superintendent of Public Instruction shall, at the expiration of his term of office, deliver to his successor all property and effects belonging to his office and take a receipt for the same.

all property and effects belonging to his office and take a receipt for the same.

      Sec. 4.  The office of County Superintendent of Public Schools either as a separate office or as an ex officio office shall be, and hereby is, abolished for all counties in this State on and after the thirty-first day of August, 1907; provided, that the ex officio County Superintendent shall make the reports for the school year ending on the thirty-first day of August, 1907.

      Sec. 5.  Upon the nomination of the Superintendent of Public Instruction the State Board of Education shall, on or before the first Monday in September, 1907, and each fourth year thereafter, appoint one Deputy Superintendent of Public Instruction for each Supervision District as hereinafter provided for, and such appointee shall be a bona fide resident of the district for which he is appointed. At the time of such appointment and during his term of office, such appointee shall take office on the first Monday in September and shall serve for a period of four years; provided, that in case any nominee of the State Superintendent is unsatisfactory to the Board another nomination or nominations shall be made to the satisfaction of the Board. In case a vacancy shall occur in the office of Deputy Superintendent of Public Instruction, the State Board of Education shall in like manner make an appointment for the unexpired term. The Deputy Superintendents of Public Instruction shall devote their entire time to school supervision and shall not engage in other work while holding this office.

      Sec. 6.  Any person holding a teacher’s certificate of high-school grade and who shall have had not less than forty-five months successful experience in teaching, at least nine months of which shall have been in the State of Nevada, shall be eligible to appointment as Deputy Superintendent of Public Instruction, and no others shall be eligible to such appointment.

      Sec. 7.  It shall be the duty of each Deputy Superintendent to visit each school in his district at least twice a year, to examine the records and observe the work of each school carefully, to advise with teachers as to organization, management and teaching, to inspect school buildings, libraries, and apparatus, to confer with trustees and county officers as to the condition and needs of their schools, to hold teachers’ meetings, to assist at State, district and county institutes, and otherwise advance the educational interests of his districts. The Deputy Superintendent of Public Instruction shall act as deputy examiner at teachers’ examinations, as member of the Board of Educational Examiners and shall assist the State Board of Education in preparing courses of study. He shall attend the meetings of the State Board of Education to furnish information pertaining to the schools of his district when said Board shall so order. He shall under the direction of the State Board of Education, examine the records and financial accounts of each school district and shall, in his report to said Board of Education state whether or not the law has been complied with in every case, specifically calling attention to any violations of law.

Office of County Superintendent abolished

Proviso.

Deputy Superintendents.

Supervision Districts

Qualifications of Deputies.

Duties.

Duties.

State Board to adopt rules for Deputies.

Removal.

Teachers’ certificates.

Proviso.

Examinations.

Deputy examiners.

of the State Board of Education, examine the records and financial accounts of each school district and shall, in his report to said Board of Education state whether or not the law has been complied with in every case, specifically calling attention to any violations of law. He shall make such written reports and perform such other duties as may be required by the State Board of Education.

      Sec. 8.  Subject to the approval of the State Board of Education, the Superintendent of Public Instruction shall confer upon the Deputy Superintendents such power and authority to act in his name as he shall deem proper.

      Sec. 9.  The State Board of Education shall adopt such rules and regulations further defining the powers and duties of the Deputy Superintendents of Public Instruction as shall, in its judgment, be needful to secure efficiency and coordination; provided, that such rules and regulations shall be in accordance with the laws of this State.

      Sec. 10.  The State Board of Education shall, upon the recommendation of the Superintendent of Public Instruction, have power to remove Deputy Superintendents of Public Instruction from office for evident unfitness or for conspicuous failure to perform the duties of said office.

      Sec. 11.  No certificate or diploma authorizing any person to teach in the public schools of this State shall be issued by any officer or Board except the State Board of Education, and the State Board shall issue only those classes and grades described in this Act; provided, however, that all teachers’ certificates previously issued by legal constituted authorities shall remain valid for the time and under the conditions of the original issue unless revoked in accordance with law.

      Sec. 12.  Examinations for teachers’ certificates in this State shall be held in the several counties semi-annually, beginning on the second Monday in January and July, and continuing not more than four days at any one examination; provided; that the interest of the schools in any county shall require such examinations. The State Board of Education shall make provision for such other examinations at such times and places as in its judgment the public interest may require.

      Sec. 13.  All examinations for teachers’ certificates shall be conducted by deputy examiners, who shall act under the authority of the State Board of Education. It shall be the duty of the deputy examiners to send all examination papers to the Superintendent of Public Instruction without grading them. The Deputy Superintendents of Public Instruction shall act as deputy examiners in such counties in their respective districts as shall be designated by the Superintendent of Public Instruction, and the Superintendent of Public Instruction shall appoint in addition a sufficient number of deputy examiners to provide for all the counties of the State; provided, that there shall not be more than two such deputy examiners in any one county.

examiners in any one county. Deputy examiners other than the Deputy Superintendents of Public Instruction shall receive a compensation of five dollars a day, to be paid as other claims out of the State General Fund. The State Board of Education shall prescribe such rules and regulations governing examinations as may be needful to secure uniformity and justice.

      Sec. 14.  The questions used for written work in teachers’ examinations shall be prepared by the State Board of Education, and shall be uniform throughout the State. Such examination questions shall be forwarded to the various deputy examiners throughout the State by the Superintendent of Public Instruction, so as to reach their destination immediately before the date set for the examination. Such questions shall be sent under the seal of the State Board of Education, the questions on each subject being under separate seal, and no questions shall be opened by any deputy examiner or other person until the day and the hour set for the use of such questions, and this time shall be plainly specified under each seal.

      Sec. 15.  The primary-school certificate, good for two years, shall be issued upon satisfactory examination in the following subjects, and shall entitle the holder to teach in any school in which only primary branches are taught: orthography, reading, grammar, written arithmetic, mental arithmetic, penmanship, physiology, history of the United States, civil government, geography, current news, drawing, theory and practice of teaching, and, at the discretion of the State Board of Education, music and the elements of chemistry and physics.

      Sec. 16.  The grammar-school certificate, good for three years, shall be issued upon satisfactory examination in the following subjects, and shall entitle the holder to teach in primary, grammar or unclassified schools: all the subjects designated for primary school certificates, and in addition thereto, algebra, the first and second books of plane geometry, English history, bookkeeping, physical geography, physics, chemistry, and methods of teaching.

      Sec. 17.  The high-school certificate, good for four years, shall entitle the holder to teach in any school, and shall be issued upon satisfactory examination in all the subjects mentioned in sections sixteen and seventeen of this Act, and, in addition thereto, botany, Latin, general history, English literature, plane geometry, astronomy, rhetoric, civil government, and the history and methods of teaching.

      Sec. 18.  Applicants who have taught successfully under any grade of certificate issued under this Act shall, when applying for the next higher grade, be required to take only the studies of that grade; provided, that any person, holding a primary-school certificate, in applying for a grammar-school certificate, need take only the additional branches named in section seventeen of this Act.

Compensation.

Questions, regulations regarding.

Primary certificate.

Grammar certificate.

High-school certificate.

Provisions regarding certificates.