Provisions of act applicable. name of the company by which it is designated, and the district and county in which the claim is situated. SEC. 47. The provisions of this Act shall be applicable to all the counties of this State, except the county of Storey, in which county none of the provisions of this Act shall be deemed to apply or have force or effect. City officers. Vacancies, how filled. Powers of CHAP. LXII.—An Act to amend an Act entitled "An Act amendatory of, and supplementary to, an Act of the Legislative Assembly of the Territory of Nevada, entitled an Act to Incorporate the City of Austin, approved February twentieth, A. D. eighteen hundred and sixty-four," approved March 8, 1865. [Approved February 27, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. Section four of said Act is hereby amended so as to read as follows: Section Four. The officers of the city of Austin shall be a Mayor, one Alderman from the first ward, two Aldermen from the second ward, two Aldermen from the third ward, and one Alderman from the fourth ward; a City Clerk, who shall be ex officio City Assessor and Clerk of the Common Council; a City Attorney, and such other officers as are hereinafter authorized to be appointed by the Common Council. The above officers shall be elected by the qualified voters of each Ward in the city, and shall hold their office for the term of one year, and until their successors are elected and qualified. Each ward shall elect its own Aldermen. SEC. 2. Section ten of said Act is hereby amended so as to read as follows: Section Ten. When a vacancy shall occur in the office of Mayor, City Clerk, City Attorney, or City Treasurer, the Common Council shall appoint some person to fill such vacancy. The person appointed to fill such vacancy shall hold his office for the residue of the term of his immediate predecessor. In case of any vacancy in the Board of Aldermen, by resignation or otherwise, the remaining Aldermen shall have the power, and be required to order, at their first regular meeting after such vacancy shall occur, an election, to take place within ten days after the order shall be given, for a member to fill such vacancy, and shall publish in some paper, printed in the county of Lander, a notice of the vacancy and election to be held, at least five days previous to such election so ordered. SEC. 3. Section sixteen of said Act is hereby amended so as to read as follows: Section Sixteen. The Common Council shall have pome First-To make by-laws and ordinances not repugnant' Constitution or laws of the United States or the State of Ne- Same. vada. Second-To levy and collect taxes on all property within the city, both real and personal, made taxable by law for State or county purposes; which tax shall not exceed one half per centum per annum upon the assessed value of all such property, unless an increased tax shall be authorized by a vote of the people, as hereinafter provided. Third-To lay out, extend and alter the streets and alleys; provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and to condemn property, for the public use, in the following manner: The Common Council shall appoint one referee, and the owner or owners of such property so to be condemned to appoint one referee; and in the event that the two referees so appointed shall not agree in the valuation of the property, then the two so selected shall choose a third referee, and a decision of a majority of such three referees, with regard to the valuation of the property appraised by them, shall be final and binding; and in case the owner or owners of property so condemned shall refuse or neglect to comply with the provisions of this section, then the Common Council shall constitute a Board of Appraisers, whose decision concerning the valuation of the property by them appraised shall be final and binding. Fourth-To provide for the prevention and extinguishment of fires; also to organize, regulate and establish fire companies. Fifth-To regulate the storage of gunpowder and other combustibles. Sixth-To prevent and remove nuisances; also, to determine what are nuisances. Seventh-To create and establish a city police, to prescribe their duties and compensation, and provide for the regulation and government of the same; but the pay of the regular policemen employed at any one time shall not exceed, in the aggregate, the sum of two thousand dollars per annum. EighthTo fix and collect a license tax, and regulate all theatres and theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements; to fix and collect a license on and regulate all taverns, hotels, restaurants, saloons, bar-rooms, bankers, brokers, gold dust buyers, manufacturers, livery stables and livery stable keepers, express companies and persons engaged in the business of transmitting letters or packages, and stage companies or owners whose place of business is in said city, or who shall have any agency therein; to license and regulate auctioneers and stock brokers; to license, tax and regulate, prohibit and suppress, all tippling houses, dram shops, raffles, hawkers, peddlers and pawnbrokers, refreshment or coffee stands, booths and sheds; also, to prohibit and suppress all gaming, gambling houses, disorderly houses, and houses of ill fame; to fix and collect license tax upon all professions, trades or business not heretofore specified, having regard to the amount of business done by each person or firm so licensed. Ninth-To provide for all necessary public buildings for the use of the city. Tenth-To establish a Board of Same. Special assessments streets, etc. Health, to prevent the introduction and spread of disease; to establish a city infirmary and provide for the indigent. Eleventh-To prevent and restrain any riot or riotous assemblage or disorderly conduct within said city. Twelfth-To fix and prescribe the punishment for the breach of any city ordinance; but no fines shall be imposed for one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed of more than six months. Thirteenth-To compel the attendance of absent members; to punish members for their disorderly conduct, and to expel members, for cause, by a vote of two thirds of its members elected. Fourteenth-To make all necessary 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, unless there is actual cash in the Treasury to meet such liability. They shall have power to appropriate money for any item of city expenditure; to appropriate to the use of the city all fines, penalties and forfeitures for the breach of any city ordinance. Fifteenth-To fix and establish the fees and salaries and compensation of all city officers, not otherwise provided for in this charter. SEC. 4. Section twenty-one of said Act is hereby amended so as to read as follows: Section Twenty-One. Special assessments may be made by for grading ordinance for the opening, grading, paving, draining or planking of any of the streets, alleys, or sidewalks, of said city, upon the lots, or parts of lots, situated upon the line of the proposed improvements; and whenever the owners of more than one half, in extent, of frontage of land and lots fronting on any street, or portion of a street, or their duly authorized agents, shall petition the Common Council to open, grade, pave, drain or plank the same (and in no other case) the Common Council shall have the authority to provide by ordinance for levying, and the time and manner of assessing and collecting the same. SEC. 5. Section twenty-five of said Act is hereby amended so as to read as follows: Duty of City Ex officio Section Twenty-Five. It shall be the duty of the City Treasurer to receive all moneys belonging to the city, and to disburse the same on proper warrants or vouchers; he shall keep an accurate and full account of all receipts and expenditures in such manner as the Council shall direct, and he shall, whenever required by the Common Council, present to them a full amount of such receipts or expenditures for any period designated in their resolution. All warrants 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. The Treasurer shall apportion all moneys which may come into his hands, and shall do and perform such other acts as shall be prescribed by ordinance. SEC. 6. Section twenty-eight of said Act is hereby amended so as to read as follows: Section Twenty-Eight. The Justices of the Peace in and for townships numbered one and two, of the city of Austin, shall be ex officio Recorders of said city, with concurrent jurisdiction; provided, that such Justices shall file such bonds as the Common Council may, by ordinance, require. SEC. 7. Section twenty-nine of said Act is hereby amended so as to read as follows: other officers Section Twenty-Nine. The Common Council shall, each year, Marshal and within one month after the annual election, elect by ballot a how elected. Marshal, who shall be ex officio City Collector and Chief of Police; a City Treasurer and a City Physician, who shall hold their respective offices for the term of one year from the annual election, and until their successors are elected and qualified, unless they shall be previously removed for official misconduct. SEC. 8. Section thirty-one of said Act is hereby amended so as to read as follows: City Section Thirty-One. The Justices of the Peace, who shall be Jurisdiction ex officio City Recorders of the city of Austin, shall have exclu- of Ex officio sive jurisdiction of all violations of city ordinances; and may Recorders. hold to bail, fine or commit to prison any offender, in accordance with the provisions of such ordinance, of all cases of misdemeanor and willful injury to property, committed within the city limits, punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or by both fine and imprisonment; also, of all cases of assault and battery committed within the city limits, not charged to have been committed on a public officer in the discharge of his duties, or with intent to commit murder. The said Justices of the Peace, as ex officio City Recorders, shall have further jurisdiction as is by general statute conferred upon Recorders' Courts, and the proceedings therein shall be such as are provided by law for proceedings in Justices', Recorders' and Mayors' Courts. SEC. 9. Section thirty-two of said Act is hereby amended so as to read as follows: Marshal. Section Thirty-Two. It shall be the duty of the City Mar- Duty of City shal to execute and return all process issued by the Recorders, or directed to him by any legal authority, in all criminal cases, and to attend upon the Recorder's Court; and to serve and execute all writs, process and other papers issued from Justices' Courts, in city suits; and he shall be entitled to charge, collect and receive, for all services rendered in such civil actions, the same fees which are by law allowed to Constables for similar services in civil actions in this State; provided, that such fees Proviso. shall in no case be a charge against the city. Said Marshal shall arrest all persons guilty of a breach of the peace, in his presence; and all persons guilty of a breach of any city ordinance, and bring them before the Recorder's Court, for trial and examination; and he shall perform all such police, and other duties, as the Board of Aldermen shall, by ordinance, direct. Said Marshal shall have power and authority to appoint and remove, at pleasure, a deputy, for whose acts he shall be responsible; and such deputy, so appointed, shall have power to perform all or any of the duties of said City Marshal. SEC. 10. Section forty-one of said Act is hereby amended so as to read as follows: Section Forty-One. The fees, salaries and compensation of Compenthe several officers of the city of Austin, named in this Act, officers. sation of Same. shall be as follows: The Mayor and Members of the Common Council shall receive no compensation whatever. The Justice of the Peace, as ex officio City Recorder, shall receive such fees and per centage of fines as the Common Council may, by ordinance, provide, but such fees and per centage shall in no case be a charge against the city. The Marshal shall receive a salary for his services as such Marshal, in such sums as the Common Council may allow, not to exceed one thousand dollars per annum, payable in equal monthly installments, out of the City Treasury, and five per centum on all moneys collected and paid over by him as such City Marshal and ex officio City Collector. The City Treasurer shall receive not to exceed one per centum on all moneys received, and one per centum on all moneys disbursed by him as such City Treasurer. The City Clerk shall receive, as ex officio City Assessor, such a per diem as the Common Council may allow, not to exceed five dollars a day, for such number of days as he is actually employed in the discharge of his official duties, as such ex officio Assessor. The City Clerk shall receive a salary for the services required to be performed by him, by this Act, and the clerical services that may be required to be performed by him, by any resolution or ordinance of the Common Council, not to exceed the sum of one thousand dollars per annum, payable in equal monthly payments out of the City Treasury, and be allowed by the Common Council. He shall also receive fifty cents on every license issued within the corporate limits of the city. The City Attorney shall receive such salary and fees as the Common Council may allow. Said salary shall not exceed five hundred dollars per annum. Appropriation. CHAP. LXIII.—An Act appropriating money to pay for publishing Volume One of the Reports of the Decisions of the Supreme Court of the State of Nevada. [Approved February 28, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. The sum of two thousand five hundred dollars, in gold coin, is hereby set apart and appropriated, as a special fund, out of any money now in the State Treasury, or which shall hereafter be placed therein (except such as is or may be hereafter placed in the Judiciary Salary Fund), to pay for publishing volume one of the decisions of the Supreme Court of this State; and such fund, after being set apart, shall not be drawn or appropriated for any other purpose. Should there be any excess of this appropriation, it shall be placed in the General Fund. This appropriation is made in lieu of that made March fourteenth, one thousand eight hundred and sixty-five, and shall be drawn and applied as provided in the Act making that appropriation, and not otherwise. |