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change[d], or vacated, together with the names of the owner or owners of the lands through which the same will pass, said petition may be presented to the County Clerk of said county, and the Clerk shall lay said petition before the Board of County Commissioners at their next meeting after the reception of said petition, and thereupon said Board of Commissioners shall, within thirty days thereafter, proceed to locate, open to public use, establish, change, or vacate such road, highway, street, or alley. Before opening any new road, street, or alley, or changing same through private property, such property shall be condemned for public use as follows: The Board of County Property, Commissioners shall appoint one disinterested person, and the demned. owners or agents of the lands through which such highway may run shall select one such person, and the two shall proceed to view out such road, street, or alley, and shall ascertain and make estimates of damages done to any property through which it may be located, changed, or vacated, after deducting any advantages arising from such location, change, or vacation of such road, street, or alley, to the owner or owners of such property. If the two viewers cannot agree as to such damages, then they shall choose a third person, and the three persons so selected as viewers shall be authorized to administer oaths, compel the attendance of witnesses before them as road viewers, and their decision of the matter shall be final; provided, the par- Aggrieved ties aggrieved by the decision of such road viewers may com- may commence action in the District Court within twenty days from the mence date of such decision, to set aside their award; and upon the within final award and decision of such damages, the Board of County twenty days. Commissioners shall order the Road Supervisor of district to open, establish, change, or vacate, as the case may be, such road, street, or alley, according to the petition aforesaid; provided, that in no case shall the Commissioners cause any road or street Road not to be opened where the same shall run diagonally through any diagonally lands or lot so as to greatly impair it in shape, or through an through orchard four years old, without the consent of the owner or owners thereof; and in all cases they shall follow legal subdivisional lines of the Government surveys, or of town plats, where the same is practicable.

SEC. 5. Section eleven is amended to read as follows:

parties

action

to run

lands.

road.

Section Eleven. All public highways, except those of less Width of width already established, shall be sixty feet in width. SEC. 6. Section twelve shall read as follows:

repealed.

Section Twelve. An Act entitled "An Act in relation to pub. Act lic highways," approved March fifth, eighteen hundred and seventy-three, and all Acts and parts of Acts in conflict with this Act, are hereby repealed.

Act

repealed.

Proceed

declared

CHAP. LXXXVIII.—An Act to repeal an Act entitled "An Act to authorize the Supreme Court, or the Justices thereof, to issue restraining orders pending the determination of appeals," approved February sixteenth, eighteen hundred and seventy-seven, and to declare all proceedings thereunder of no force or effect.

[Approved March 2, 1877.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Act entitled "An Act to authorize the Supreme Court, or the Justices thereof, to issue restraining orders pending the determination of appeals," approved February sixteenth, eighteen hundred and seventy-seven, is hereby repealed.

SEC. 2. All proceedings had under and by virtue of said ingshad Act hereby repealed, by said Supreme Court, or any of the Justices thereof, are hereby declared null and void, and of no force or effect.

null and

void.

Laws of general nature to be publislied in

news

paper.

Officers to advertise for bids

CHAP. LXXXIX.-An Act to authorize the publication of the laws enacted by the Legislature of the Stute of Nevada.

[Approved March 2, 1877.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Governor, Secretary of State, and Treasurer of State are hereby authorized, empowered, and directed to have published in some daily newspaper printed in this State, all laws of a general nature passed by this and succeeding Legislatures of this State, after the same are approved by the Governor.

SEC. 2. Said State officers shall advertise for bids for the publication of such laws within five days after the close of the for publi- session of the Legislature, which advertisement shall be for cation, etc the period of ten days, and they shall award the contract to the person or persons bidding the lowest price and entering into a good and sufficient bond for the faithful performance of the same, and that such publication shall be completed within forty-five days after the award of such contract.

CHAP. XC.-An Act authorizing the Board of County Commissioners of White Pine County, Nevada, to build a branch jail at Ward City, in said county, and to appropriate money for the same.

[Approved March 2, 1877.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

ation for

SECTION 1. The Board of County Commissioners of White Appropri [Pine] County are hereby authorized to appropriate out of any purpose of money in the Treasury of said county not otherwise specifically building appropriated, a sum not exceeding one thousand dollars, for the jail. purpose of building a branch jail at Ward City, in said county.

branch

SEC. 2. The Auditor of said County of White Pine is hereby Auditor authorized to draw his warrant for any sum not exceeding the todraw amount appropriated in this Act.

warrant.

CHAP. XCI.-An Act to reincorporate the City of Virginia and to provide for the government thereof, and to repeal all other laws in relation thereof [thereto].

[Approved March 2, 1877.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. All that tract of land in the County of Storey, State of Nevada, laying [lying] within the boundaries and limits hereinafter mentioned, that is to say: Commencing at a point one mile south of the old site of the Mexican Silver Mining Company['s] quartz mill; thence running east one mile; thence running north two miles; thence running west two miles; thence running south two miles; thence running east one mile, to the place of beginning, is hereby declared to be a city, and shall hereafter be known as the City of Virginia.

Boun

daries.

corporation.

SEC. 2. For the government of the city, there shall be a Officers of Mayor and Board of Aldermen, consisting of one member from each ward. The said Mayor and Board of Aldermen shall be a body politic and corporate, by the name and style of the Mayor and Board of Aldermen of the City of Virginia, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, complain and May sue defend, in all Courts, and in all actions and proceedings; may sued. purchase, hold, and receive property, both real and personal, within said city, and may receive and hold, for the use of the city, both real and personal property, whether by gift, bequest, or devise; may lease, sell, or otherwise dispose of all city

and be

Wards

and boundaries.

Officers.

office.

property, both real and personal, for the benefit of the city, and may provide for the management, regulation, and use of the same; provided, they shall not purchase any real estate, other than such as is within the city limits and necessary for public buildings, for the laying out, widening, or improving the public streets, alleys, grounds for burial purposes; they may also have a common seal, and may alter the same at the pleasure of a vote of a majority of the Board.

SEC. 3. The City of Virginia is hereby divided into four wards, the boundaries of which shall be as follows: The First Ward shall embrace all that part of the city laying [lying] north of Sutton avenue; the Second Ward shall embrace all that part of the city laying [lying] north of Taylor street and south of Sutton avenue; the Third Ward shall embrace all that part of the city laying [lying] between Taylor and Silver street, and the Fourth Ward shall embrace all that part of the city laying [lying] south of Silver street.

SEC. 4. The officers of the City of Virginia shall be a Mayor, one Alderman from each ward, a Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, and such other officers as are hereinafter authorized to be appointed or created by the Board of Aldermen. The above officers (except the Aldermen from each ward) shall be elected by the qualified voters of said Term of city, and shall hold their office for the term of one year, and until their successors are elected and qualified. The Alderman One from each ward of said city shall be elected by the qualified from each voters of each ward, to wit: one Alderman from the First Ward; one Alderman from the Second Ward; one Alderman from the Third Ward, and one Alderman from the Fourth Ward, and shall hold their offices for one year, and until their successors are elected and qualified.

Alderman

ward.

Qualification of officers and electors.

Qualification of electors.

Election, when and

SEC. 5. No person shall be eligible to the office of Mayor, Alderman, Treasurer, Assessor, Tax Collector, City Attorney, or Chief of Police, who is not a qualified elector of the State of Nevada, and who has not been a resident of said city for at least one year proceeding [preceding] the election, and no person shall be entitled to vote for any city officer in any ward except the ward in which he resides; nor shall any person be entitled to vote in any ward unless he has been a resident of such ward for thirty days preceding any city election.

SEC. 6. No person shall be allowed to vote at any city election who is not a qualified elector of the State of Nevada, and who has not been a resident of said city for at least six months next preceding the election.

SEC. 7. The general election of Mayor, Aldermen, Treashow held. urer, Assessor, Tax Collector, City Attorney, and Chief of Police, shall take place on the first Monday of May of every year, commencing with the first Monday in May in the year of our Lord eighteen hundred and seventy-seven (1877.) The Mayor and Board of Aldermen of said city shall, for each election, appoint two Inspectors of Election in each ward, and designate the place for opening the polls. All the provisions of law which now are or hereafter may be in force regulating elections, and providing for the registration of elections [electors], so far as the same are consistent with the provisions of this Act, shall

returns.

apply to every election of city officers by the voters of said city. The Inspector[s] of each ward shall appoint two clerks, whose duty it shall be to take down in writing the name of each voter as his vote is deposited. After the polls shall have been closed, it shall be the duty of the Inspector [s] and clerks of each ward to proceed immediately and canvass the vote cast at each ward, which canvass shall be in public. Within three days after each election the Inspector[s] and clerks of each ward shall deliver to the person who shall have received the highest number of votes in each ward for Alderman, a certificate of his election to said office. At every annual election the Inspectors Inspector[s] and clerks in each ward shall, immediately after to make the votes are counted, make out a statement of the number of votes cast in each ward for the office of Mayor, Alderman, Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, and the number of votes cast for each person to fill said office respectively, which statement shall be certified by them under oath to be correct. They shall also carefully seal up the votes and poll list, and direct the same to the Board of Aldermen of said city. It shall be the duty of the clerk of such Election Board to deliver such sealed package and said certified statement to the Clerk of the Board of Aldermen within three days after any election shall have been held. On the Saturday Board to next after such election shall have been held, the Mayor and the votes. Board of Aldermen shall proceed to ascertain from said certified statement what persons have received the highest number of votes in said city for the office of Mayor, Aldermen, Treasurer, Assessor, Tax Collector, City Attorney, and Chief of Police, and a certificate of election shall be issued by the clerk, under their direction, to the person who shall have received the highest number of votes for each of said offices respectively. The Clerk of the Board of Aldermen shall keep the sealed packages containing the ballots and poll list until the next general election, when, if no notice of any contested election shall have been given, he shall destroy the same.

canvass

qualify

SEC. 8. The Mayor, Aldermen, Treasurer, Assessor, Tax Col- Officers to lector, City Attorney, and Chief of Police, chosen at any elec- within tion, shall qualify and enter upon the discharge of their duties one week. within one week after being notified of their election, and any officer[s] appointed by the Board of Aldermen shall qualify and enter upon the discharge of their duties within one week after their appointment. If any person chosen for office at any election, or who shall be appointed to office by the Mayor or Board of Aldermen, shall fail to qualify as above required, the office for which he shall have been chosen, or appointed to, shall be deemed vacant. All city officers, before entering upon the discharge of their duties, shall take the official oath prescribed by law.

of Board

SEC. 9. The Mayor and Board of Aldermen, at their first President meeting after the annual election, or at any regular meeting and his thereafter when they shall deem the same expedient, shall elect powers. a President from their own body, who shall preside at their meetings when the Mayor is not present, and whenever there is a vacancy in the office of Mayor, or whenever the Mayor is absent from the city, or unable from any cause to discharge

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