Statement of votes.

Qualification of trustees.

President

of Board.

Vacancies, how filled.

Regular meetings.

Quorum.

Rules.

the certificate of their election to such office. Immediately after the votes are counted, the said judges and clerks shall also make out a statement of the number of votes cast for each person severally, for the office of Trustee, which statement shall be certified under oath by a majority of said judges; and they shall cause the same, together with the poll lists and votes duly sealed up, to be delivered to the clerk of the Board of Trustees, who shall keep the sealed packages containing the poll lists and ballots for at least thirty days.

SEC. 9. The Trustees chosen at any election, shall take the oath of office, and be qualified and enter upon the discharge of their duties within ten days after being notified of their election; and in case any person elected to the office of Trustee shall fail to qualify within said ten days, his office shall be deemed vacant. SEC. 10. The Board of Trustees so elected shall, at their first meeting or as soon thereafter as may be, elect one of their number President, who shall preside at all meetings of the Board, and discharge such other duties as may be prescribed by the Board of Trustees.

SEC. 11. When a vacancy shall occur in the office of Trustee, from any cause, the Board of Trustees shall appoint some person to fill such vacancy, and the person so appointed shall hold his office for the residue of the term of his predecessor.

SEC. 12. The Board of Trustees shall have regular meetings, as by adjournment or resolution, as they may direct, and the President may call special meetings whenever he may deem it necessary.

SEC. 13. The majority of the Board of Trustees shall constitute a quorum for the transaction of all business. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualification of their own members. All their meetings shall be public, except Journal, etc when the Board deem that the interests of the city require secresy. A journal of all their proceedings shall be accurately kept by the clerk, and the ayes and nays shall be taken and entered in the journal, upon the passage of any question, at the request of any

Meetings.

General powers of Board.

member.

SEC. 14. The Board of Trustees shall have power: First, To make by-laws and ordinances not repugnant to the Constitution or Taxes, etc. laws of the United States, or the State of Nevada. Second, To levy and collect taxes on all property within the city, both real and personal, made taxable by law, for State and county purposes, which tax shall not exceed one per centum per annum upon the assessed value of all such property; and to prescribe by ordinance the manner of levying, assessing and collecting taxes, and to make all taxes levied by them a lien upon the property assessed, Streets, etc. from the time of the assessment thereof. Third, To lay out, alter and extend the streets and alleys of the said city; 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 Condemna- streets and sidewalks. Fourth, To condemn and appropriate tion of to the public use, or to the use of the inhabitants of said city, all real and personal property, when they deem the same necessary for

property,

etc.

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 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 upon the valuation of such property or claim, then the two so appointed shall select a third referee, and a decision of a majority of such three, as to the valuation of the property or claim by them appraised, shall be reported by them to the Board of Trustees, and may be by them 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 of said city, which may 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 such referee when required by the Board of Trustees, then the said Board of Trustees shall constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said Board of Trustees or 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 city 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 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 improvement 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 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 taking the possession of it, may be rendered. Fifth, To provide for the prevention and ex- Fires. tinguishment of fires; to provide for a sufficient supply of water for extinguishing fires; for fire purposes and fire apparatus; to arrange for, and contract with persons or water companies for same; also, to organize, regulate, establish and disband fire companies, and to provide all apparatus, fixtures and buildings necessary for the fire department, and the use of fire companies. Sixth, Gunpowder To regulate the storage of gun-powder and other combustibles. Seventh, To prevent and remove nuisances, and also to determine Nuisances. what are nuisances. Eighth, To create and establish a city police, Police. prescribe their duties, fix their compensation, and prescribe rules for the government and regulation of the same. Ninth, To fix and Licenses. collect a license tax on, and regulate all theatres and theatrical performances, shows, circuses, billiard tables, bowling alleys, and all exhibitions and public amusements; to fix and collect a license tax on, and regulate all saloons, bar-rooms, bankers, brokers, gold dust or bullion buyers, manufacturers, livery stables, express companies, and persons engaged in transmitting letters or pack

Same.

Dogs.

Public

Board of
Health.

etc.

Wards.

ages; 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 office or agency therein; to fix and collect a license tax on all raffles, hawkers, peddlers, pawnbrokers, hurdy-gurdy houses and public dance houses; to fix and collect a license tax on all professions, trades or business, not hereinbefore specified, having due regard to the amount of business done by each firm or person thus licensed. Tenth, To provide for the issuance of all licenses herein provided for or fixed by the Board, in such sums, and on such terms, as may be prescribed by ordinance. Eleventh, To levy and collect an annual tax on all dogs, within the limits of said city, and provide for the extermination of all dogs, for which tax shall not have been paid. Twelfth, To provide all buildings. necessary public buildings for the use of said city. Thirteenth, Riots, etc. To prevent and restrain any riot or riotous assemblage or disorderly conduct within said city; to close all places of business or public amusements, 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 spread of disease, and provide for the indigent sick. Gunpowder Fifteenth, To provide for, and regulate or prohibit, the using of gunpowder or other combustible or explosive material, the use of which, would be likely to endanger the lives or property of the inhabitants. Sixteenth, To divide the city into two or more wards, define the boundaries thereof, and provide for city elections therein. Seventeenth, To fix and prescribe the punishment for the breach of any city ordinance or resolution; but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no imprisonment shall Salaries, etc be prescribed for a longer term than six months. Eighteenth, To determine the duties, fix and establish the fees, salaries and compensation of all officers of said city, and to alter and change the same, whenever they deem it best, and to remove from office any officer appointed by the Board, for misconduct, or whenever Vacancies, the interests of the city require such removal. Nineteenth, To fill all vacancies occurring in the Board of Trustees, from any cause whatever, and to expel a member of the Board for misconContracts, duct by a vote of three fifths of the members elected. Twentieth, To make all necessary contracts and agreements for the benefit of the city, but no debt shall be contracted or liability incurred which shall exceed in the aggregate the sum of ten thousand dollars; to appropriate money for any item of expenditure, and appropriate to the use of the city all fines for the breach of any ordinance made by them under the provisions of this Act. Twenty-first, To make ordinances fixing the penalty for all misdemeanor and willful injury to property, now punishable by fine not exceeding five hundred dollars, or six months imprisonment, also to fix a penalty for all cases of assault and assault and battery committed within the city limits, not charged to have been committed upon a public officer in the discharge of his duty, or with intent to murder or do bodily harm.

Fines.

etc.

etc.

Misde

meauor, etc.

Accountability of

officers, etc.

SEC. 15. It shall be the duty of the Board of Trustees to provide for the accountability of all city officers, and other persons, to whom the receipts or expenditures of any of the funds of said

city shall be intrusted by requiring of them sufficient security for the faithful discharge of their duties; to increase or diminish the amount of security to be given by any city officer or other person, whenever they deem it expedient, and in case of neglect of any officer to furnish such security as the Board of Trustees may require of him, within three days after such requirement, they shall declare such office vacant.

receipts and

SEC. 16. It shall be the duty of the Board of Trustees to make Report of out and publish in some newspaper published in said city, in May expenand October of each year, a full and detailed statement of all ditures. receipts and disbursements, from what source received and for what purpose paid out, during the six months next preceding such report.

trustees.

SEC. 17. It shall be the duty of every Trustee of said city to Duties of attend the regular and special meetings of the Board of Trustees; to act upon committees when appointed thereto by the President, to report to the Board of Trustees any and all city officers whom. they may know to be guilty of misconduct in office or any neglect of duty, and to aid to the extent of their ability in enforcing the ordinances, and maintaining the peace and good order, of the city.

وو

payable in

ordinance,

SEC. 18. All taxes and fines imposed, and all scrip issued, Fines, etc., shall be made payable in gold coin of the United States. The gold coin. style of ordinances shall be "The Board of Trustees of Hamilton Style of City do ordain. All ordinances made by the Board of Trustees etc. shall be signed by the President and the clerk of the Board, upon the journal of proceedings, where the same shall be written in full, and shall be published in some newspaper published in said city, within one week after their passage, and shall be so published for not less than two weeks; and all scrip and bonds issued, contracts and agreements made, shall be signed by the President and countersigned by the clerk of said Board, who shall also affix the seal of said city thereto.

Recorders.

SEC. 19. The Justices of the Peace in said city, shall be ex-City officio City Recorders of Hamilton City, with concurrent jurisdiction; provided, that such Justices file, as ex-officio Recorders, such bonds as the Board of Trustees may require of them.

SEC. 20. The Justices of the Peace, who shall be ex-officio Jurisdiction City Recorders, shall have jurisdiction of all cases or actions for the violation of any city ordinance, and shall fine, hold to bail or commit to prison, any offender in accordance with the provisions of such ordinances, and also of all cases of misdemeanor and willful injury to property, punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment; also of all cases of assault, or assault and battery, committed within the limits of said city, not charged to have been committed on a public officer in the discharge of his duty, or with intent to commit murder or do great bodily harm. The said Justices of the Peace, as ex-officio City Recorders, shall have such further jurisdiction as is by general statute conferred upon Recorders' Courts. Such Recorders shall state separately in their dockets, the amount of fine and costs in each case, and all fines imposed by them under the provisions of any city ordinance shall be paid into the city treasury at least once a month.

Duties of
Treasurer.

Duties of

Clerk.

Duties as
City Asses-

sor.

Duties of

SEC. 21. It shall be the duty of the Treasurer to register all warrants in the order of their presentation, to receive and receipt for all money that may be paid into the city, and to apportion the same as may be required by ordinance, and disburse the same on proper warrants or orders of the Board of Trustees. He shall at all times keep his books and accounts open for the inspection of the Trustees, citizen or any tax-payers, and shall, whenever required, furnish them with a full statement of all receipts and expenditures. He shall pay all warrants in the order of their registration, and perform such other duties and acts as may be prescribed by ordinance or resolution of the said Board of Trus

tees.

SEC. 22. It shall be the duty of the clerk to keep the corporation 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 make out all warrants and orders drawn on the treasury, specifying therein the services or indebtedness for which each is drawn, and to countersign and affix the seal of the city to all such warrants or orders drawn in pursuance of any resolution of the Board of Trustees; to issue all licenses, countersign the same, and affix the seal of the city 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 issuance, and the amount.

SEC. 23. It shall be the duty of the City Clerk, as ex-officio City Assessor, to make out and return to the Board of Trustees a complete and correct list of all the property within the limits of said city, taxable by law. The time and mode of making out such list, and returning the same, shall be as prescribed by ordinance; and he shall also do and perform such other duties as may be required of him by any ordinance or resolution of the Board of Trustees.

SEC. 24. It shall be the duty of the President to preside at all President. meetings of the Board of Trustees, and to sign all warrants or orders drawn on the treasury, and all licenses issued in pursuance of any ordinance of said city.

Duties of
City
Attorney.

Duties of
Marshal.

It shall be the duty of the City Attorney to attend to all suits in which the city is interested; to give his advice in writing on any question, when required by the President or Board of Trustees; to attend to all prosecutions in the Recorders' Courts, and do and perform such other duties as may be required of him by the Board of Trustees.

SEC. 26. It shall be the duty of the Marshal to execute and return any processes issued by the Recorders, or directed to him by any legal authority in all criminal cases, and attend upon the Recorders' Courts, and serve and return all papers issued by said Recorders; to serve and execute all writs, processes, and other papers issued from Justices' Courts in city suits, for which he shall be allowed to charge and collect the same fees as are allowed by law to constables for similar services in civil actions; provided, that such fees shall in no case be a charge against the city. He shall arrest all persons guilty of a breach of the peace or of any