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bursements.

taxes.

Ejectment. 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 taking possession of the same, may be rendered. Account.

Sec. 15. It shall be the duty of the Board of Trustees to provide ability of officers. for the accountability of all officers and other persons elected or ap

pointed 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 of 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 at any time be diminished or increased, when deemed ex

pedient by said Board. Statement Sec. 16. It shall be the duty of the Board of Trustees to make out of receipts and dis pro 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 sources received, and for what purposes paid out of

the city during the three months next preceding such report. Sale of pro

Sec. 17. Real and personal property may be sold by the City perty for

Marshal for taxes or assessments 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 real property shall vest in the purchaser, as pro

vided by the Revenue Laws of this State. No property, whether real Tax deeds.

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 grantees 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 form and manner as provided 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 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 services or 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 reso

lution of said Board. Duties of Sec. 19. It shall be the duty of the Marshal to enforce the due obMarshal.

servance 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.

Duties of

over.

inances.

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 Assessor. 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 Duties of seal, papers, books and documents belonging to the city; to file the pa- Clerk. pers 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. Sec. 22. Any resolution or ordinance providing for the appropria- Resolutions

making tion, for any object or purpose, of the sum of three hundred dollars or appropria

tions to lay more, shall lay over, and be printed in some newspaper in the city for ti one week before final action shall be taken thereon.

SEC. 23. Thc style of the ordinances shall be, « The Board of Style of Trustees of Treasure City do ordain." All ordinances shall be pub- ord 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. Sec. 24. Civil actions may be brought in the name of the Inhabit- Actions,

how ants of Treasure City, in any court of competent jurisdiction within ho

brought. the said County of Lander, and 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 Jus- Fines, how

recovered, tice of the Peace may be recovered by execution against the property etc. 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 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 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 one time shall exceed the term of six months. Appeals from the judgment of such Justice of the Peace for Appeals. 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 criminal cases.

SEC. 25. If any officer of said city shall remove his residence there- Office, when from, or shall absent himself for more than thirty days, without leave declared of absence from the Board of Trustees, his office shall be declared vacant. Sec. 26. Frank Drake, J. S. Crosman, C. F. Meyer, W. H. Dol- Appoint

ment of man, and J. Marchant, are hereby appointed Trustees of Treasure City, officers. under this Act, with full power to appoint the other officers, to serve until the general 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 force from and after its passage.

vacant.

CHAP. LXXIV.-An Act to establish and define the dividing line

between the Counties of Churchill and Lander.

Dividing line defined.

[Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows : SECTION 1. The east line of the County of Churchill, and the west ined. line of the County of Lander, being the dividing line between said

counties, shall be established and defined in this Act, to wit: Commencing at a point where a line drawn due north and south through the Mount Airy Station would strike the south line of the County of Humboldt, if extended; thence, in a southern-westerly direction, to the dividing ridge or center of Cone's Pass—a pass so called in a range of mountains extending south of and including New Pass Station, called the New Pass Mountains ; thence, in a southerly course, along the center of said range of mountains, to a point on the north line of Esmeralda County, immediately north of the town of Ellsworth ; said line to be so fixed and established along and over the course before mentioned, as to place on the easterly [westerly] side thereof, and which shall be included in the County of Churchill, all lands which shed or flow their waters into or towards the Edwards Creek Valley, and on the easterly side thereof, and which shall be included in the County of Lander, all lands which shed or flow their waters into or towards the Smith or Smith's Creek Valley, or the Reese River Valley.

CHAP. LXXV.–An Act to define and establish the boundary line between the County of Nye and the Counties of Churchill and Esmeralda.

[Approved March 5, 1869.]

Boundary

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

do enact as follows : SECTION 1. The boundary line between the County of Nye and line defined. the Counties of Churchill and Esmeralda shall be as follows: Begin

ning at the intersection of the meridian of longitude forty and fifteen
(40° 15'') west from Washington, with the eastern boundary line of
California ; thence, northerly, along said meridian of longitude to its
intersection with the thirty-eighth (38) parallel of north latitude; thence,
northwesterly, to the Hot Springs, on the Wellington and Reese River
road; thence, northerly, to the thirty-ninth (39) parallel of north lati-
tude; thence, easterly, to O'Donnell's Pass, on the Ione and West Gate
Road; and, from thence, the said boundary line shall remain as here-
tofore established by law.

SEC. 2. This Act shall take effect and be in force from and after

its passage. Acts repeal- Sec. 3. All Acts and parts of Acts, in conflict with the foregoing

Act, are hereby repealed.

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CHAP. LXXVI.-An Act to amend an Act entitled An Act to
grant the right to construct a Toll Road from Virginia City to
Truckee Meadows, and Steamboat Valley, in Storey and Washoe
Counties," approved November 29, 1861.

[Approved March 6, 1869.]

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

do enact as follows :

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

Section Two. Said parties shall be entitled to collect on said roads Rates of toll the following rates of toll: For each wagon or vehicle of any kind, forty cents ; for each draft animal, fifteen cents; for each saddle animal, twenty-five cents ; for each pack animal, ten cents ; for each loose animal, ten cents. And the said parties shall have a lien upon all stock Lien. traveling over said road, for the toll chargeable against it. And said stock may be detained until the toll is paid, and the County Commissioners may open the gates on said road if it is not kept in passable condition ; and the parties owning said road are hereby required to pay Two per... two per cent. of the net proceeds of the tolls on said road into the County to be paid

into County Treasury for the use of the State School Fund.

Treasury.

CHAP. LXXVII.-An Act to amend an Act entitled " An Act to

allow any person or persons to divert the waters of any River or Stream, and run the same through any Ditch or Flume, and to provide for the Right of Way through the Lands of others," approved March 3, 1866.

[Approved March 5, 1869.]

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

do enact as follows :

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

Section Two. Any person or persons proposing to construct a ditch Right conor flume, under the provisions of this Act, shall have the right to en- miera non ter upon private lands for the purpose of examining and surveying and appro

priate prithe same; and where such lands cannot be obtained by the consent of Pate lands. the owner or owners thereof, so much of the same as may be necessary for the construction of said ditch or flume, may be appropriated by said person or persons, after making compensation therefor as follows : Said person or persons shall select one appraiser, and said owner Compensaor owners shall select one, and the two so selected shall select a third. tion, bow

made. In case the owner or owners shall from any cause fail, for the period of five days, to select an appraiser as hereinbefore provided, then it

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shall be the duty of the appraiser selected by the person or persons proposing to construct said ditch or flume to select a second appraiser, and the two so selected shall select a third, and in either case the three selected shall within five days after their selection, meet and appraise the lands sought to be appropriated, after having been first duly sworn by some officer entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and abil. ity. If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and provided further, that an appeal may be taken by either party from the findings of the appraisers to the District Court of the district within which the lands so appraised shall be situated, at any time within ten days after such appraisement.

Proviso.

Appeal.

CHAP. LXXVIII.-An Act to tax and regulate Foreign Insurance

Companies doing business in this State.

[Approved March 5, 1869.]

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

do enact as follows:

Required to SECTION 1. After the first day of April, one thousand eight hundfile certain red and sixty-nine, it shall not be lawful for any person or firm, officer, documents with Con or agent, to collect premiums of insurance in the State, in any manner, troller.

or in any capacity whatsoever, on either fire, life or inland risks, for or on account of any company, association or individual insurers, not incorporated under the laws of this State, unless such person or firm, officer

or agent, shall have first filed with the Controller of the State the folDocuments lowing described documents : First-A gond and sufficient power of to be filed.

attorney duly executed and delivered by said company or association Power of to some person who shall be a citizen of the United States, and a citiAttorney.

zen and resident of the State of Nevada ; which power, so long as such company shall have outstanding policies of insurance in this State, shall be irrevocable, except by substitution of other person or persons qualified as aforesaid, authorizing and empowering such attorney or attorneys to accept service of all writs and process requisite and necessary to the complete acquisition of jurisdiction of such company by any of the courts of this State, or United States courts therein, and constituting such attorney or attorneys the authorized agent or agents of such company, upon whom lawful and valid service of all writs and process may be made on all actions or special proceedings instituted by or against any such company, in any of the courts in this State, and which shall be necessary to the acquisition or complete exercise of the

jurisdiction aforesaid, by said courts. Second—A certified copy of the Copy of

e power of attorney, certificate of agency, open policy, commission, or power of Attorney. other authority or agreement under which said person, firm, officer or

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