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Licenses.

Dogs.

Public

Board of
Health.

Riots.

Gunpowder, etc.

Wards.

Fines.

Issuance of ness 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 town, and provide for the extermination of all dogs, for which such tax shall not have been buildings. paid. Twelfth-to provide for all necessary public buildings for the use of said town. Thirteenth-to establish a Board of Health, to prevent the introduction and spread of disease, and provide for the indigent. Fourteenth-to prevent and restrain any riot or riotous assemblage or disorderly conduct within said city; to close all places of business or public amusements on Sunday, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county, or State election. 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, town. Sixteenth-to divide the city into two or more wards, define the boundaries thereof, and provide for elections therein. Seventeenth-to fix and prescribe the punishment for the breach of any 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 exceeding six months. Eighteenth-to determine the duties, fix and establish the fees, salaries and compensation of all officers of said city; provided, that no member shall receive for his services any sum to exceed in amount one hundred dollars per annum. Nineteenth--to compel the attendance of absent members, to punish members for their disorderly conduct, and to expel members for cause, by a vote of fourfifths of its members elected; and also to fill all vacancies occurring in their own number, or in the office of any officer mentioned in this Act. Twentieth--to make all necessary contracts and agreements for the benefit of the town; to contract debts on the faith of the town; 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 town expenditure, and to appropriate to the use of the town all fines and penalties and forfeitures for the breach of any Gold coin. city ordinance. Twenty-first--all taxes and fines imposed, and all scrip issued shall be made payable in gold coin of the United States. Ordinances, Twenty-second-all ordinances made by the Board of Trustees, shall

Salaries.

Proviso. Absent members.

Contracts.

etc.

Condem

nation of property.

be signed by the President and Clerk of said Board, upon its 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. Twentythird-the Board of Trustees shall have power to condemn and appropriate to the public use, or the use of the inhabitants of said town, all real and personal property within the limits of said town, and all claims and asserted rights or title of any person whomsoever to such property, when they deem the same necessary for the opening of streets or alleys, or for other public purposes. Such property shall be condemned and appropriated in the following manner : The Board of Trustees shall appoint one referee, and the claimant, owner or owners of such property so to be condemned, shall appoint one referee, and in the event that 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 final and binding, and upon the tender in gold coin of the sum named by said appraisers for such property to the claimant or owner thereof, or his agent or attorney, such claim or property shall become the property or claim of said town, and the Board of Trustees may cause at once to be removed from such property all persons and obstructions, by order, through the Marshal of said town, 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 said 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 incorporated town of the legality of such assessed (?) claim, right or title. And in the condemnation of property, as in this section provided, said referees shall consider if the proposed 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 proposed 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 said town or corporate body, no judgment Ejectment. in ejectment shall be rendered against said town 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.

bility of

SEC. 15. It shall be the duty of the Board of Trustees to provide Accounta for the accountability of all officers and other persons elected or ap- officers. pointed under this Act to whom the receipt or expenditure of any of the funds of said town 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 of such officers to furnish such security within three days after notice of such requirements, the Trustees shall declare such office vacant. The amount of such security may at 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 out Statement of receipts and publish in one or more newspapers, published in said town, if there and disbe one, if not, in some paper in the county, at least once in three bursements. 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 purposes paid out of the town, during the three months next preceding such report.

a

taxes.

SEC. 17. Real and personal property may be sold by the Town Sale of Marshal for taxes or assessments due said town. The manner and property for form 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 taxes shall be

Tax deed.

Duties of Treasurer.

Duties of
Marshal.

"Duties of Assessor.

Duties of
Clerk.

Ordinance for appro

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 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 said 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 the form and manner as provided by law, when the relation of landlord and tenant exists.

SEC. 18. It shall be the duty of the Treasurer to receive all moneys belonging to the town, and to disburse the same on proper warrants on order of said Trustees. He shall keep an accurate and full account of all receipts and expenditures, and the amount of cash on hand, and in what fund, in such manner as the Board of Trustees may direct; and 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 such receipts and expenditures. All warrants and orders drawn on the Treasury shall have specified therein the service 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.

SEC. 19. It shall be the duty of the Marshal to enforce the 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 town, 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 collecting shall be as prescribed by an ordinance of the Board of Trustees.

SEC. 20. It shall be the duty of the Assessor to make out and return 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 nance or resolution of the Board of Trustees.

ordi

SEC. 22. Any resolution or ordinance providing for the appropriapriation to 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 town or county for one week before final action shall be taken thereon.

lay over.

Style of ordinance.

SEC. 23. The style of the ordinances shall be, "The Board of Trustees of Shermantown do ordain." All ordinances shall be published in one or more newspapers published in the county within one

week after their passage, and shall be so published for a period of at least two weeks.

actions, etc.

SEC. 24. Civil actions may be brought in the name of the inhabit- Civil ants of Shermantown, in any Court of competent jurisdiction within the said County of Lander, and actions for the breach of any ordinance or law of the said town may be brought before any Justice of the Peace within the corporate limits of said town. Fines imposed by such Jus- Fines. tice of the Peace may be recovered by execution against the property of defendant, or the payment thereof may be enforced by imprisonment in the town or county jail at the rate of one day for every two dollars of such fine and costs, or said Justice to enforce such payment may in his discretion adjudge that such offender work upon the public highways, or other public works of the town, at the rate of one day for every two dollar 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 one time shall exceed the term of six months. Appeals from the judgment of such Justice of the Peace for the viola- Appeal. tion 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 the law of the State of Nevada for appeals from Justice Courts in criminal 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.

SEC. 26 Geo. T. Bliss, Edwin A. Sherman, John Collier, Benja- Officers min Evans and Charles Greely are hereby appointed Trustees of Sher- appointed. mantown, Lander County, under this Act, with full power to appoint the other officers to serve until the municipal election to be held on the first Monday of June, A.D. 1869, and until their successors are elected and qualified.

SEC. 27. This Act shall take effect, and be in full force, from and after its passage.

CHAP. CIII.-An Act to amend an Act entitled "An Act to further amend an Act entitled 'An Act to provide Revenue for the support of the Government of the State of Nevada,” approved March 1, 1866.

[Approved March 6, 1869.]

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

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

Section Eleven. All tavern, hotel or inn keepers, all restaurants, Licenses, public boarding-houses, or eating stands, and all public lodging-houses, hotels, etc. shall be divided into their [three] classes, as follows: Those doing Classes. business in the aggregate to the amount of three thousand dollars, or over, per month, shall constitute the first class; those doing a business

license.

to the amount of one thousand dollars, and less than three thousand dollars, per month, shall constitute the second class; those doing business to the amount of less than one thousand dollars per month shall constiAmount of tute the third class. The license for the first class shall be given upon the payment of forty-five dollars per quarter; for the second class, upon the payment of fifteen dollars per quarter; and for the third class, upon the payment of seven dollars and fifty cents per quarter; provided, that nothing in this section shall require the payment of any license for lodging-houses that are kept in connection with eating-houses, where the aggregate receipts of such lodging department does not exceed clude right thirty dollars per month. Nothing in this section shall be so construed

Proviso.

Not to in

to sell liquors.

as to include the right to sell spirituous or malt liquors and wines, but the same shall be distinct and separate business therefrom, and require separate and exclusive license therefor.

Auditor required to

pay warrant.

CHAP. CIV.-An Act for the relief of John A. Collins.

[Approved March 6, 1869.]

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

SECTION 1. The Board of Commissioners of Storey County is draw, and hereby authorized and directed to order the Auditor of said county to Treasurer to draw a warrant on the Treasurer of said county, payable out of the general fund, for the sum of fifteen hundred ($1,500) dollars, in favor of John A. Collins, or order, for his services as Secretary and General Agent of the Storey County Board of Education, from June 2, 1865, to April 6, 1867, and it is made the duty of said Auditor to draw said warrant when so directed, and also of the said Treasurer to pay the

same.

Commissioners to cause Auditor to draw warrant.

CHAP. CV.-An Act to authorize the County of Storey to pay a certain Bond.

[Approved March 6, 1869.]

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

SECTION 1. The Board of Commissioners of Storey County is hereby authorized and directed, on the surrender of Bond No. Six, issued to William Ede, dated the twentieth day of June, 1863, for two thousand dollars, payable in gold coin, and bearing interest at the rate of two per cent. per month, by the Storey County Board of Education, to cause the Auditor of said county to draw his warrant on the Treasurer of said county in favor of said William Ede, for the amount of the

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