counted, the said Judges and Clerks shall make out a statement of the number of votes cast for the offices of Trustee, Treasurer, Assessor and Marshal, and for each person severally, which statement shall be certified under oath by the majority of said Judges, and they shall cause the same, together with the poll list and votes duly sealed up, to be delivered to the Board of Trustees of said city. Within two days after the receipt of the same, the said Board of Trustees shall proceed to Canvass. ascertain from such statement, what persons have received the highest number of votes for the offices of Treasurer, Assessor and Marshal, and a certificate of election shall be issued by the Clerk, under the direction Sealed of said Trustees, to the persons receiving the highest number of votes for packages, each of said offices respectively. The Clerk of said Board of Trustees shall keep the sealed packages containing the ballots and poll lists for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same.

etc.

enter upon

SEC. 8. The Trustees, Treasurer, Assessor and Marshal chosen at Officers to any election, shall be qualified and enter upon the discharge of their qualify and duties within one week after being notified of their election; and in duties. case of any Trustee, Treasurer, Assessor or Marshal, shall fail to qualify in the said time, his office shall be deemed vacant. All officers, before entering upon their official duties, shall take the official oath prescribed by law.

of Board.

SEC. 9. The Board of Trustees so elected shall, at their first meet- President ing, or as soon thereafter as may be, elect one of their number as President, who shall preside at all meetings, and discharge such other duties as may be prescribed by the Board of Trustees.

in office,

SEC. 10. When a vacancy shall occur in the office of Trustee, Vacancies Treasurer, Assessor or Marshal, the Board of Trustees shall appoint how filled. some person to fill such vacancy, and such person so appointed shall hold his office for the residue of the term of his predecessor.

SEC. 11. The Board of Trustees shall have regular meetings, as by Regular adjournment or resolution they may direct, and the President shall meetings. have power to call special meetings whenever he deems the same

necessary.

SEC. 12. A majority of the Board of Trustees shall constitute a Quorum. quorum to transact business.

SEC. 13. The Board of Trustees shall determine rules for the gov- Rules, etc. ernment of their own proceedings, and shall be judges of the election and qualifications of their own members. All their meetings shall be public, except when the Board shall deem that the interests of the city require secrecy. A journal of all proceedings of the Board shall be accurately kept by the clerk, and the ayes and nays shall be taken and entered upon the journal, upon the passage of any question, at the request of any member.

Board.

SEC. 14. The Board of Trustees shall have power: First-To General make by-laws and ordinances not repugnant to the Constitution or laws powers of of the State of Nevada. Second-To levy and collect taxes upon all property within the city, both real and personal, made taxable by the Taxes. laws of the State of Nevada, for State and county purposes, which are now in force or which may hereafter be enacted except the proceeds of mines, which shall not be subject to taxation, which tax shall not exceed one and one-half per cent. per annum upon the assessed value of all property. Third-To lay out, extend, open, alter and repair the streets and alleys, and provide for the grading, draining, cleaning, widening and lighting, or otherwise improving the same; also, to provide for the

Streets, etc.

Fires.

Gun

powder.

construction, repair, and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and in the creation of sidewalks, and making other improvements; to compel the owners of lots and property to bear the expenses of erecting sidewalks and creating improvements in front of the same, by special tax or otherwise. Fourth-To provide for the extinguishment of fires; also, to organize, regulate, establish and disband fire companies. Fifth-To regulate the storage and sale of gunpowder, and all other combustible or explosive material. Sixth-To Nuisances. prevent and remove nuisances; also, to determine what are nuisances. Offices and Seventh-To elect a clerk, and fill the additional offices of City Attorney and City Recorder, and such other offices as they may deem necessary for the public interests, whenever in the opinion of a majority of said Board, the exigencies of the times require such officers, and to provide for the election of all officers that may be appointed under this provision. All officers appointed by the Board shall hold their respective offices until the general election, and until their respective successors are elected and qualified, unless they shall be sooner removed for misconduct in office, neglect of duty, or other cause, or said office be City Police. abolished. Eighth-To create and establish a City Police, and prescribe their duties, and fix their compensation, and provide for Licenses. the regulation and government of the same. Ninth-To fix and

officers.

Same.

Dogs.

Public buildings.

Riots, etc.

Board of
Health.

Gunpowder, etc.

Wards.

collect a license tax on, and collect a license tax on and regulate all theaters and theatrical performances, shows, circuses, billiard tables, bowling alleys, and all exhibitions and public amusements; to fix, regulate, and collect a license tax on, and regulate all hotels, restaurants, lodging houses, chop houses, saloons, bar rooms, bankers, brokers, gold dust or bullion buyers, manufacturers, livery stables, express companies, and persons engaged in transmitting letters or packages; to fix and collect a license tax on, and regulate auctioneers, stock brokers, drays, job wagons, and stage companies or owners, whose place of business is in said city, or who shall have an agency therein; to license, tax and regulate, or prohibit or suppress all tippling houses, dram shops, raffles, hawkers, peddlers, pawnbrokers, all gaming, gambling houses, hurdy-gurdy houses, public dance houses, and houses of illfame; to fix and collect a license tax upon all professions, trades or business, not hereinbefore specified, having due regard to the amount of business done by each person or firm thus licensed. Tenth-To provide for the issuance of all licenses above named, in such sums and on such terms as they may deem best. Eleventh-To levy and collect an annual tax upon all dogs within the limits of said city, and provide for the extermination of all dogs for which such tax shall not have been paid. Twelfth-To provide for all necessary public buildings for the use of said city. Thirteenth-To prevent and restrain any riot or riotous assemblage, or disorderly conduct within said city; to close all places of business, or public amusement on Sunday, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county or State election. Fourteenth-To establish a board of health, to prevent the introduction and spread of disease, and provide for the indigent sick. Fifteenth-To provide for and regulate or prevent the using of gunpowder, or other explosive or combustible material, the use of which would be likely to endanger the lives or property of the inhabitants; to make ordinances for the preservation of the peace, quiet and safety of the inhabitants of said city. Sixteenth-To divide the city into two or more wards, define the boundaries thereof, and

members,

etc.

property.

provide for elections therein. Seventeenth-To fix and prescribe the Fines, etc. punishment for the breach of any city ordinance or resolution, but no fine shall be imposed for any one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed for more than six months. Eighteenth-To determine the duties, fix and Salaries,etc. establish the fees, salaries and compensation of all officers of said city; provided, that no member of the Board of Trustees shall receive or be entitled to receive for his services more than one hundred dollars per annum. Nineteenth-To compel the attendance of absent members, Absent to punish members for their disorderly conduct, and to expel members etc. for cause, by a vote of four-fifths of its members elected, and also to fill all vacancies occurring in their own number, or in the office of any city officer mentioned in this Act. Twentieth-To make all necessary Contracts, contracts and agreements for the benefit of the city; to contract debts on the faith of the city, but no debt shall be contracted or liability incurred which shall exceed in the aggregate the sum of twenty thousand dollars; to appropriate money for any item of city expenditure, and to appropriate to the use of the city all fines, penalties and forfeiture for the breach of any city ordinance. Twenty-first-All taxes Gold coin. and fines imposed, and all scrip issued, shall be made payable in gold coin of the United States. Twenty-second-All ordinances made by Ordinances, said Trustees shall be signed by the President and Clerk of said etc. Board upon the journal of proceedings, where the same shall be written in full, and all scrip and bonds issued, contracts and agreements made, shall be signed by the President and countersigned by the Clerk of said Board. Twenty-third The Board of Trus- Condemnatees shall have power to condemn and appropriate to the public tion of use, or the use of the inhabitants of said city, all real or personal property, when they deem the same necessary for the opening of streets or alleys, or for other public purposes, such property shall be condemned or appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimants, owner or owners of such property, so to be condemned, shall appoint one referee, and in the event of the two referees so appointed shall not agree in the valuation of such property or claim, then shall the two so appointed select a third referee, and the decision of a majority of such three, as to the valuation of the property or claim by them appraised, shall be reported to said Board of Trustees, and may by them be regarded and held as finally binding, and upon the payment of the sum named by said appraisers for such property to the claimant or owner thereof, or his agent or attorney, such property or claim shall become the property or claim of said city, and take full and immediate possession of the same; and it may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. In case the owner or owners of property shall refuse or neglect to appoint said referee, when by said Trustees required, then shall said Board of Trustees constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said board of referees in the condemnation of property, or any claim, right or title to the same, as herein provided, shall be interpreted as an admission on the part of said incorporate city of the legality of such assessed (?) claim, right or title. And in the condemnation of Same. property, as in this section provided, said referee shall consider if the property (?) improvement for which said property is so condemned shall be of any benefit to the person or persons owning or claiming the said property, and they shall estimate the value of such improvements

to him or them, and shall deduct such amount from the estimated value of such property or claim condemned; and whenever the said corporate body shall have become in any manner possessed of any real estate upon which any improvements shall have been made for the benefit of Ejectment. said city or corporate body, no judgment in ejectment shall be rendered against said city or corporate body, but only judgment for damages in the value of said property, claim, right or title, at the time of the taking possession of the same, may be rendered.

Accountability of officers.

Statement of receipts and dis

bursements.

Sale of property for taxes.

Tax deed.

SEC. 15. It shall be the duty of the Board of Trustees to provide for the accountability of all officers and other persons directed (?) or appointed under this Act, to whom the receipt or expenditure of any of the funds of said city shall be entrusted, by requiring of them sufficient security for the faithful performance of their respective duties; and in case of neglect or refusal on the part of any such officers to furnish such security within three days after notice of such requirement, the Trustees shall declare such office vacant. The amount of such security may any time be diminished or increased when deemed expedient by said Board.

SEC. 16. It shall be the duty of the Board of Trustees to make and publish in one or more newspapers published in said city at least once in three months, to wit: In January, April, July and October of each year, a full and detailed statement of the receipts and disbursements, from what source received, and for what purpose paid out of the city during the three months next preceding said report.

SEC. 17. Real and personal property may be sold by the City Marshal for taxes or assessment due said city. The manner of assessing and collecting taxes, and the proceedings for the sale of property in case of non-payment of taxes shall be as prescribed by ordinance, and title upon sale of property shall vest in the purchaser, as provided by the revenue laws of this State. No property whether real or personal, which shall be sold for city taxes, shall be subject to redemption, but all such sales shall be absolute. The Marshal shall, upon the sale of such real property for taxes, execute and deliver a deed of such property to the purchaser thereof, and such deed shall be received in any and all courts of this State as prima facie evidence that the grantee or grantors (?) named in such deed, or his or their successors in interest, have a good and legal title to the premises described therein, and possession of such property may be obtained in form and manner prescribed by law, where the relation of landlord and tenant exists. SEC. 18. It shall be the duty of the Treasurer to receive all moneys Treasurer. belonging to the city, and to disburse the same on proper warrants or orders of said Trustees. He shall at all times keep his books and accounts open for the inspection of the Trustees, and shall furnish them whenever required a full statement of all receipts and expenditures. All warrants and orders drawn on the Treasury shall have specified therein the services and indebtedness for which the same is drawn, and shall be redeemed in regular order of registration upon the Treasurer's books. Said Treasurer shall perform such other acts and duties as may be prescribed by ordinance or resolution of said Board.

Duties of

Duties of
Marshal.

SEC. 19. It shall be the duty of the Marshal to enforce a due observance of the ordinances made by the Board of Trustees; to collect the taxes levied by said Board; to act ex-officio as Chief of Police, and perform such other duties as shall be prescribed by said Trustees. It shall be his duty to collect all licenses due the city, and all other moneys or revenue due or to become due, and to pay the same over to

the Treasurer. The time and manner of such collecting shall be as prescribed by an ordinance of the Board of Trustees.

Assessor.

Duties of

Clerk.

SEC. 20. It shall be the duty of the Assessor to make out and re- Duties of turn to the Board of Trustees a correct list of all the property taxable by law within the limits of said city. The time and mode of making out such list and returning the same shall be prescribed by ordinance. SEC. 21. It shall be the duty of the Clerk to keep the corporate seal, papers, books and documents belonging to the city; to file the papers and documents in his office, under appropriate heads, to attend the sittings of the Board of Trustees, and keep a journal of their proceedings, and a record of all the by-laws and ordinances; to countersign all warrants and licenses issued, in pursuance of the orders and ordinances of the Trustees; to affix the corporate seal thereto; to keep an accurate account in a suitable book, under appropriate heads, of all warrants and orders drawn on the treasury; also, to keep in a suitable book, under appropriate heads, an account of all licenses issued, the date of the issue and the amount; and he shall also do and perform such other duties as may be required or directed by any ordinance or resolution of the Board of Trustees.

when to lay

over.

SEC. 22. Any resolution or ordinance providing for the appropria- Resolution. tion for any object or purpose, of the sum of three hundred dollars or more, shall lay over, and be printed in some newspaper in the city for one week before final action shall be taken thereon. SEC. 23. The style of the ordinance shall be: "The Board of Style of Trustees of Hamilton City do ordain." All ordinances shall be pub- etc. lished in one or more newspapers published in said city, within one week after their passage, and shall be so published for a period of at least two weeks.

ordinance

how

SEC. 24. Civil actions may be brought in the name of the inhabi- Actions, tants of Hamilton City, in any Court of competent jurisdiction within brought. the said County of Lander, and all actions for the breach of any ordinance or law of the said city may be brought before any Justice of the Peace within the corporate limits of said city. Fines imposed by such Fines, etc. Justice of the Peace may be recovered by execution against the property of defendant, or the payment thereof may be enforced by imprisonment in the City or County Jail, at the rate of one day for every two dollars of such fine and costs; or such Justice to enforce such payment, may in his discretion adjudge that such offender work upon the public highways or other public works of the city, at the rate of one day for every two dollars of such fine and costs, until the same be so exhausted, or otherwise paid. No fine shall be imposed exceeding five hundred dollars, and no imprisonment at any one time shall exceed the term of six months. Appeals from the judgment of such Appeal. Justice of the Peace for the violation of ordinances, may be had to the District Court of the county, within ten days after such judgment is rendered. Such appeal shall be taken in the manner provided by law of the State of Nevada, for appeals from Justices' Courts in crimi

nal cases.

SEC. 25. If any officer of said city shall remove his residence Vacancy. therefrom, or shall absent himself for more than thirty days without leave of absence from the Board of Trustees, his office shall be declared vacant.

pointed, etc.

SEC. 26. Reuben Barney, Edward H. Sanderson, and P. C. Hy- Officers apman are hereby appointed Trustees of Hamilton City under this Act, with full power to appoint the other officers to serve until the general