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Marshal
as Collector.

real and

for taxes,

city ordinance in his presence, and bring them before the Recorder's Court for trial and examination, and to perform such police and other duties as the Board of Trustees shall by ordinance or resolution direct.

Sec. 27. It shall be the duty of the Marshal, as ex-officio City Duties of Collector, to receive and collect all taxes and licenses due the city, and all other revenue due or to become due, and to pay

the same over to the Treasurer. The time and manner of such collections and payments shall be such as the Board of Trustees shall, by ordinance or resolution, prescribe.

Sec. 28. The Marshal, Clerk, Assessor, Treasurer and Attor- Deputies. ney shall have power and authority, with the consent of the Board of Trustees, to appoint one or more deputies, and remove them at pleasure; the said officers being at all times liable, on their official bonds, for the acts of such deputies; and such deputies, when appointed, shall have power to perform all or any of the duties of their principals.

SEC. 29. Real and personal property may be sold under exe- Sale of cution by the City Marshal for taxes or assessments due said city.

personal No property, whether real or personal, which shall be sold for property city taxes, shall be subject to redemption, but the property so etc. sold shall immediately vest in the purchaser thereof. The proceedings for the sale of property in cases of non-payment of taxes or assessments, shall be substantially the same as that now prescribed by law for the sale of property for State and County taxes; and the Justices of the Peace shall have the same jurisdiction in all actions for the collection of city taxes as that given them by law in actions for the collection of State and County taxes; and all laws now in force, or which may be hereafter enacted for the purpose of collecting State and County taxes, shall be applicable to proceedings for the collection of taxes for Hamilton City, so far as the same are consistent with the provisions of this Act. Upon the sale of real property for taxes, the Marshal shall execute and deliver a deed for such property to the purchaser thereof, and such deeds shall be received in any and all courts of this State as prima facie evidence that grantee therein named, or his successors in interest, have a good and legal title to the premises therein described, and the possession of such property may be obtained in the manner prescribed by law where the relation of landlord and tenant exists; and the certificate of sale of the Marshal for personal property sold for taxes, shall be conclusive evidence of title thereto in the purchaser named in said certificate.

Sec. 30. Any resolution or ordinance, providing for the ap- Resolution, propriation, for any object or purpose, of the sum of three hun-appropridred dollars or more, shall lay over and be printed in some news- lay over. paper in the city for one week, before final action shall be taken thereon. Sec. 31. If

any

officer of Hamilton City shall remove his re- Vacancy. sidence 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. 32. The fees and compensation of the several officers Foes and named in this Act, shall be as follows: The compensation of tiom pompathe Trustees, shall be one hundred dollars each per annum, officers. payable quarterly, at the end of each quarter. The Justices

of the Peace, as ex-officio City Recorders, shall receive such salary per month as the Board of Trustees may by ordinance provide, and all fines derived under the provisions of this Act shall be paid into the city treasury. The City Marshal as such marshal and Chief of Police, shall receive for his services, such salary as the Board of Trustees may allow, not to exceed one thousand dollars per annum, payable monthly at the end of each month, also as ex-officio City Collector, not to exceed five per centum on all money collected by him and paid over to the City Treasurer. The City Treasurer shall receive not to exceed three per centum on all moneys paid into the city treasury. The City Clerk, for his services as clerk of said Board, and for such other clerical services as may be required of him as such clerk, shall receive a salary not to exceed one thousand dollars per annum, payable monthly, at the end of each month. He shall also receive for his services as ex-officio City Assessor, such sum as the Board of Trustees may allow, not to exceed five dollars per day for such number of days as he is actually employed in his official duties as ex-officio Assessor. The City Attorney shall receive for the year commencing June fifth, A. D. one thousand eight hundred and seventy-one, a salary not to exceed one thousand dollars per annum; and for each year thereafter, not to exceed five hundred dollars per annum, payable in equal monthly installments at the end of each month, and also for such fees for the prosecution of actions for the violation of city ordinances, and such percentage on the collection of delinquent taxes and assessments, as the Board of Trustees may allow. The compensation of all other officers shall be such as is prescribed by ordinance or resolution of the Board of Trustees.

Sec. 33. Nothing in this Act contained shall repeal or in any manner affect the binding force or validity of any ordinance now in force in said city, or in any manner affect any

debt contracted or liability of said city now in existence. All official acts of the present or any previous Board of Trustees, who have acted by virtue of any charter heretofore granted by the Legislature of the State of Nevada to said city herein named, and all taxes and assessments heretofore levied or made by either of said Boards of Trustees are hereby legalized.

Sec. 34. On and after the first Monday in June, A. D. one thousand eight hundred and seventy-one, an Act entitled “An Act to incorporate the town of Hamilton," approved March sixth, one thousand eight hundred and sixty nine, shall be and is hereby repealed.

Sec. 35. This Act shall take effect, and be in force on and after the fifth day of June, A, D, eighteen hundred and seventy

Former ordiuances, acts, etc., legalized.

Act repealed.

Act to take effect.

one.

11

CHAP. XLII.- An Act to provide for fostering and supporting

the Nevada Orphan Asylum, a duly incorporated benevolent institution, located at Virginia City, Storey County, State of Nevada.

[Approved March 1, 1871.]

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

bly, do enact as follows:

SECTION 1. The sum of five thousand (5,000) dollars is hereby Appropriappropriated and set apart out of any moneys in the State treas- ation. ury, not otherwise appropriated, for the purpose of carrying out the provisions of this Act; and the money so appropriated and Fund. set apart shall constitute a fund to be known and drawn upon as the Orphan Asylum Fund.

Sec. 2. From and after the date of the passage of this Act Claims to be the corporate trustees or managers of the Nevada Orphan Asy- Board of lum shall present monthly to the State Board of Examiners their Examiners. claims for the actual feeding and clothing expenses of the full orphans under the care of said trustees or managers, and the State Board of Examiners shall audit and allow such claims arising from and after the passage of this Act, against the “Orphan Asylum Fund;” provided, that the amount audited and Proviso. allowed against the “Orphan Asylum Fund” shall not in the aggregate, within the period of two years from the date of the passage of this Act, exceed the sum of five thousand (5,000) dollars, or the sum of two thousand five hundred (2,500) dollars in any one year from and after the date and passage of this Act.

SEC. 3. This Act shall take effect from and after the second day of March, one thousand eight hundred and seventy-one.

CHAP. XLIII.- An Act to amend an Act entitled An Act to

regulate proceedings in civil cases in Courts of Justice of this State and to repeal all other Acts in relation thereto;" approved March eighth, one thousand eight hundred and sixty-nine.

[Approved March 2, 1871.]

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

bly, do enact us follows:

Persong held to answer in

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

[Section Five Hundred and Eleven.] No person shall be township held to answer to any summons issued against him from a justice's court, in a civil action, in any township, precinct or city, other than the one in which he shall reside, except in the cases following:. First, When there shall be no justice's Exceptions. court for the township, precinct or city. in which the defendant

of their residence.

may reside, or no justice competent to act in the case. Second, When two or more persons, jointly or jointly and severally bound in debt or contract, or otherwise jointly liable in the same action, and reside in different townships, precincts or cities of the same county, or in different counties, the plaintiff may prosecute his action in a justice's court of the township, precinct or city in which any of the debtors or other person liable may reside. Third, In case of injury to the person, or to real or personal property, the plaintiff may prosecute his action in the township, precinct or city where the injury was committed. Fourth, When personal property, unjustly taken or detained, is claimed, or damages therefor are claimed, the plaintiff may bring his action in any township, precinct or city in which the property may be found, or in which the property was taken. Fifth, When the defendant is a non-resident of the county, he may be sued in any township, precinct or city wherein he may be found. Sixth, When a person has contracted to perform any obligation at a particular place, and resides in another township, precinct or city, he may be sued in the township, precinct or city in which such obligation is to be performed, or in which he resides. Seventh, When the foreclosure of a mortgage or the enforcement of a lien upon real or personal property is sought by action, the plaintiff may sue in the township, precinct or city where the property is situated; provided, that in the county seat of any county, and also in every incorporated city, any justice holding court at such county seat, or incorporated city, shall have jurisdiction when the defendant is found within the limits of such county seat or incorporated city, irrespective of the residence of the defendant, and irrespective of township or precinct lines.

Proviso.

CHAP. XLIV.--An Act supplementary to and amendatory of an

Act entitled An Act to provide for the payment of the outstanding indebtedness of Virginia, Storey County," approved January twenty-seventh, one thousand eight hundred and sixty-five.

[Approved March 2, 1871.]

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

bly, do enact as follows:

Aldermen and Treasurer

from

warrants, etc.

SECTION 1. From and after the passage of this Act, it shall not

be lawful for the Board of Aldermen or Treasurer of said city of prohibited Virginia, to purchase out of the redemption fund provided for in

the Act of which this is supplementary, any warrant or other legal purchasing

evidence of indebtedness against said city, except as hereinafter provided for.

Sec. 2. For the purpose of funding and paying all legal prepared for claims or demands consisting of warrants and other legal evifudding dence of indebtedness against said city, it shall be the duty of

the Board of Aldermen of said city immediately after the passage of this Act, to cause to be prepared suitable bonds of said

Bonds to be

purpose of

debt.

to indorse warrant, etc.

city of Virginia, not exceeding in the aggregate the whole amount of such indebtedness, expressing on their face what amount thereof is for principal, and what amount thereof is for accumulated interest, said bonds to bear interest on the amount expressed as principal only, at the rate of ten per cent. per annum, from their date, and be payable at the office of the Treasurer of said city, and shall be signed by the Mayor and Clerk, and endorsed by the Treasurer thereof, and shall have the seal of said city affixed thereto.

SEC. 3. All persons or corporations, having or holding any Holders of warrant or other legal evidence of indebtedness against said city, ness en shall be entitled to receive bonds therefor, by virtue of this Act, receive upon presentation of the same to the Treasurer of said city; pro-bonds. vided, said warrants or other legal evidence of indebtedness, Proviso. must be presented on or before the first day of July, A, D. one thousand eight hundred and seventy-one, and for any warrant or other legal evidence of indebtedness against said city not so presented, no such bond shall be issued under the provisions of this Act.

SEC. 4. The Treasurer of said city shall endorse on the back Treasurer of each warrant, claim or demand so received and liquidated, the date on which the same was received and from whom,

the number of the bond exchanged therefor, marking on the face thereof the word "

canceled,” and such warrant, claim or demand shall be filed and preserved in the office of the clerk of said city.

Sec. 5. It shall be the duty of the Mayor of said city, to Notice to cause to be published in at least two newspapers having a general lished to circulation, one of which shall be published in said city of Vir-holders of ginia, and the other in the city of San Francisco, in the State of California, a notice to all persons or corporations holding or having under their control any warrant or other legal evidence of indebtedness against said city, to present the same for funding and liquidation on or before the first day of July, A. D. one thousand eight hundred and seventy-one, as provided in this Act, and that for any warrant or other legal evidence of indebtedness aforesaid, not so presented, no bond will be issued under the provisions of this Act. Such notice shall be published for at least sixty days before the first day of July, A. D. one thousand eight hundred and seventy-one.

SEC. 6. All bonds taken in exchange for any warrant or other Bonds, how legal evidence of indebtedness under the provisions of this Act, purchasable shall be purchasable out of the redemption fund of said city, and shall be redeemed in the same manner as other warrants, bonds or other legal evidence of indebtedness were redeemed under the provisions of the Act of which this is supplemental; and no warrant or other legal evidence of indebtedness against said city, shall hereafter be redeemed or be purchasable out of the redemption fund of said city, unless the same are exchanged for and converted into bonds under the provisions of this Act.

Sec. 7. All money or moneys now in the redemption fund of Money to said city of Virginia, and all money or moneys which may come fund until into said redemption fund after the passage of this Act, shall not July 1, 1871. be disbursed for the payment of any warrant, bond or other legal evidence of indebtedness whatever, against said city as provided in the Act of which this Act is supplemental, until after the first

indebted. ness.

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