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collector of said county to pay in the city treasury one-half of the amount of license moneys collected from any person or persons for disposing of any spirituous, malt or fermented liquors, or wines, in less quantities than one quart, within the corporate limits of said city.

An Act authorizing owners of land to lay out and plat such land into lots, streets, alleys and public places, and providing for the approval and filing of maps or plats thereof.

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Approved March 13, 1905, 223

959. Penalty for selling lots before recording plats.

955. May plat lands.

SECTION 1. Owner May Plat Lands.

960. Vacating plat.

961. Petition to vacate.

962. Hearing on petition ordered.
963. Vacating portion-Petition.
964. Hearing-Order.

965. Recording maps and plats.
966. Plats, how made.

It shall be lawful for any owner or owners of any land, or any trustee or trustees selected by such owners, to lay out and plat such land into lots, streets, alleys, and public places.

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SEC. 2. Map. Whenever any lands are hereafter laid out and platted as mentioned in section 1, the owner or owners of the same or any trustee or trustees selected by such owner or owners, shall cause to be made out an accurate map or plat, particularly setting forth and describing:

1. All the parcels of ground so laid out and platted by their boundaries, course and extent, and whether they are intended for avenues, streets, lanes, alleys, commons, or other public uses, together with such as may be reserved for public purposes, and every map or plat of ground so laid out shall, if it covers forty or more acres of land, show one block for every quarter-section of land in the parcel of ground so mapped or platted, and the block so designated upon the map shall be forever devoted and dedicated to the uses of the public school system of the district in which it is located.

2. All lots intended for sale by numbers and their precise length and width. As amended, Stats. 1909, 111.

957. Map approved.

SEC. 3. Approved by Legislative Authority of City. Such map or plat shall be acknowledged by such owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real estate, and certified by the surveyor making such plat, and, if the land is situated in any city or town, shall be approved by the legislative authority of the city or town in which such land is situated, or by some city or town officer for that purpose designated by resolution or ordinance of said legislative authority, and in the absence of such legislative authority, by the legislative authority of the county in which the town is situated; and if the land is situated outside of any city or town, shall be approved by the board of county commissioners of the county, or by some county officer for that purpose designated by resolution or ordinance of said board; and when so acknowledged, certified and approved, shall be filed and recorded in the office of the county recorder of the county in which the said lands so platted and laid out are situated.

958. Dedication of streets.

SEC. 4. Dedication of Streets. Such maps and plats when made, acknowledged, filed and recorded with the county recorder, shall be a dedication of all such avenues, streets, lanes, alleys, commons, or other public places

or blocks, and sufficient to vest the fee of such parcels of land as are therein expressed, named, or intended, for public uses for the inhabitants of such town and for the public for the uses therein named or intended.

959. Penalty for selling lots before recording plats.

SEC. 5. Selling Lots Before Recording Map-Penalty. If any person shall sell or offer for sale any lot so platted according to said plat within any town site or addition before the map or plat thereof shall have been made out, approved, acknowledged, filed and recorded, as in this act provided, such person shall forfeit to the county in which said town site or addition is located, a sum not exceeding three hundred dollars for every lot which he shall sell. Such a forfeiture shall be recovered in the name of such county in an action brought by the district attorney or other prosecuting officer thereof.

960. Vacating plat.

SEC. 6. Vacating Plat. Any owner or owners of land that has been laid out and platted as herein before provided, may, upon application to the city council of the city wherein said land is situated, or to the board of county commissioners of any county wherein said land is contained, have such plat, or any portion thereof, or any street or alley therein contained, vacated, altered, or changed as hereinafter provided.

961. Petition to vacate.

SEC. 7. Petition. If it is desired to vacate an entire plat, and the land is situated in any incorporated city, an application in writing signed by all of the owners of the land contained in said plat, and by the owners of land contiguous or adjacent to any street or alley in such plat, shall be made to the city council of the city wherein such land is situated, and in all other cases the application shall be made to the board of county commissioners wherein said land is contained.

962. Hearing on petition ordered.

SEC. 8. Hearing-Order. The city council or the board of county commissioners shall, at its next regular meeting after the filing of such application, consider the same, and if the said council or said board be satisfied that neither the public or any person will be materially injured thereby, it shall order such plat to be vacated as prayed for in the petition, which order shall be recorded in the office of the recorder of the county wherein said land is situated.

963. Vacating portion-Petition.

SEC. 9. Vacating Portion of Plat-Petition. If it is desired to vacate a portion only of any plat or a street or alley therein, application in writing may be made for that purpose to the city council of the city wherein said land is situated, and in all other cases to the board of county commissioners of the county wherein said land is contained, which petition shall be signed by all the owners of land in the plat of which a portion is to be vacated, and by the owners of land contiguous or adjacent to any street or alley in such plat, to vacate or alter which application is made.

964. Hearing-Order.

SEC. 10. Hearing-Order. Upon the filing of such application, the city council or board of county commissioners, as the case may be, shall, at its next regular meeting proceed to hear and consider the same, and if the said council or board be satisfied that neither the public nor any person will be materially injured thereby, it shall order such portion of said plat or such street or alley to be vacated, altered or changed, as prayed for in the petition, which

order shall be duly recorded in the office of the recorder of the county wherein said land is situated.

965. Recording maps and plats.

SEC. 11. Recording Maps and Plats. It shall be unlawful for any recorder to record any map, plat, or subdivision of land, situated in any city or town, until the same shall have been approved by the legislative authority of the city or town in which such land may be situated, or by some city or town officer for that purpose to be designated by resolution or ordinance of said legislative authority, and, in the absence of said legislative authority, by the legislative authority of the county in which the town is situated, except the said map, plat, or subdivision be attached to or form a part of a conveyance and relate to the property or some part thereof embraced in said conveyance. And it shall be unlawful for any recorder to record any map, plat, or subdivision of land situated outside of any city or town until the same shall have been approved by the board of county commissioners of the county in which such land is situated, or by some county officer for that purpose designated by resolution or ordinance of said board, except that the said map, plat, or subdivision be attached to or form a part of a conveyance and relate to the property, or some part thereof, embraced in said conveyance. For each and every violation of this section by any recorder, his deputy, or employee, each recorder shall forfeit and pay to the county the sum of two hundred dollars, to be recovered in any court of competent jurisdiction.

966. Plats, how made.

SEC. 12. All maps and plats shall be made upon vellum or tracing cloth and no map or plat shall be accepted for filing and recording made upon ordinary paper or blue print.

An Act to provide for the disincorporating of cities and towns incorporated under the laws of the Territory of Nevada.

Approved February 7, 1865, 132

967. Commissioners to have power to disin

corporate-Liabilities.

968. No rights affected. 969. Trustees appointed.

970. Trustees to take oath.

971. To prosecute and defend suits.
972. To pay over and make settlement.
973. Annual revenue paid to board-Proviso.
974. Moneys, how apportioned.

967. Commissioners to have power to disincorporate-Liabilities. SECTION 1. The board of commissioners of each county shall have the power to disincorporate any city or town which may have been incorporated under the laws of this state, or the Territory of Nevada, upon the petition of a majority of the legal voters residing within the corporate limits of such city or town; but no corporation shall be dissolved, by virtue of this act, unless it shall appear to the satisfaction of the board that notice has been given of the intended application for such dissolution of the corporation, by advertisement in a newspaper published in the city or town praying to be disincorporated; and in case no such newspaper be published in said city or town, then by written notice, posted in three of the most public places in said city or town, for at least thirty days prior to such application; nor until all the liabilities of such city or town have been paid or secured to the satisfaction of the board of county commissioners. As amended, Stats. 1866, 95.

968. No rights affected.

SEC. 2. No dissolution of any corporation under this act shall invalidate or affect any right, penalty, or forfeiture, accruing to such corporation, or invalidate or affect any contract entered into or imposed upon such corpora

969. Trustees appointed.

SEC. 3. Whenever the board of commissioners shall dissolve any corporation, they may appoint three competent persons to act as trustees for the corporation so dissolved.

970. Trustees to take oath.

SEC. 4. The trustees, before entering upon the discharge of their duties, shall take and subscribe an oath before some judge or justice of the peace. that they will faithfully discharge the duties of their office, and shall, moreover, give bond, with sufficient sureties, to be approved by the board of commissioners, to the use of such disincorporated city or town, conditioned for the faithful discharge of the duties of their office.

971. To prosecute and defend suits.

SEC. 5. The trustees shall prosecute to final judgment, and defend all suits instituted by or against the corporation, collect all money due the same, liquidate all lawful demands against the same, and for that purpose shall sell and convey any property belonging to such corporation, or so much thereof as may be necessary, and generally to do all acts required to bring to a speedy close all of the affairs of the corporation, and they shall make a report of their proceedings to the board of county commissioners at each session of the board. 972. To pay over and make settlement.

SEC. 6. The trustees shall pay over to the board of commissioners, and the commissioners shall pay the same to the treasurer, from time to time, such money as may come into their hands; and when they shall have closed the affairs of the corporation, shall make a final settlement thereof to the board, and deliver up all books, records, papers, deeds, and all other effects belonging to the dissolved corporation. Such trustees shall receive for their services such compensation as the board shall deem reasonable. 973. Annual revenue paid to board-Proviso.

SEC. 7. If any city or town, disincorporated as aforesaid, have annual revenue accruing thereto, the same shall be paid to the board of commissioners by persons owing the same, and all moneys thus paid, as well as all moneys paid to the trustees, shall be held and disposed of by the board for the benefit of such city or town, and may be applied by the board to any specific object, upon the petition of a majority of the taxable inhabitants of said city or town; provided, always, that all of the just and lawful debts, dues, and demands, against said corporation, shall have been first paid.

974. Moneys, how apportioned.

SEC. 8. All moneys arising from the collection of taxes, fines, penalties, and forfeitures shall be appropriated by the board of county commissioners toward the carrying out of those objects which, by this act, are placed under their control and jurisdiction, and none others.

An Act relating to the government of towns and cities, and limiting the tax rate thereof.

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SECTION 1. In all the towns and cities of this state the tax rate for the

year 1903 for town purposes, exclusive of the tax to pay the interest and maintain the sinking fund of the bonded indebtedness of such cities and towns, shall not exceed one dollar on the one hundred dollars of assessed valuation, and thereafter such tax rate shall be diminished annually at the rate of not less than five cents per annum on the one hundred dollars of assessed valuation until it reaches fifty cents on the one hundred dollars of assessed valuation, and thereafter the permanent limitation of the tax rate for such city or town purposes, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall be fifty cents on the one hundred dollars of assessed valuation.

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SEC. 2. Any tax levied in excess of the limitation herein imposed shall be void as to such excess, and any member of the governing board of such city or town voting therefor shall be removed from office in a suit to be instituted. by the district attorney of said county upon the request of the attorneygeneral, when in the opinion of a majority of the state board of revenue it is deemed advisable.

977. Unlawful to contract debt without funds.

It shall not be lawful for the governing board of any town or city, or any member thereof, or any officer of such town or city, to authorize, allow or contract for any expenditure unless the money for the payment thereof is in the treasury and is specially set aside for such payment. Any member of such governing board, or any officer, violating the provisions of this section shall be removed from office in a suit to be instituted by the district attorney of said county upon the request of the attorney-general, when in the opinion of the majority of the state board of revenue it is deemed necessary. 978. Exception in emergency, method of procedure.

SEC. 4. In case of great necessity or emergency the governing board of such town or city, by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency, but such resolution shall not take effect until it has been approved by resolution adopted by the majority of the state board of revenue, and the resolution of the state board of revenue shall be recorded in the minutes of such city or town.

979. Emergency tax.

SEC. 5. It shall be the duty of the governing board of such city or town, at the first tax levy following the creation of such emergency indebtedness, to levy an extra tax sufficient to pay the same, which tax shall be designated "Emergency Tax."

980. Floating debt tax.

SEC. 6. The governing board of any town or city in the state which has a floating debt or scrip outstanding shall either levy a tax for the year 1903, in addition to the county tax above specified, for the payment of such scrip or floating indebtedness, or shall fund such floating debt in bonds providing for the payment of the principal and current interest at a rate not to exceed five per cent per annum in not more than ten equal annual installments. The tax levied for the payment of such floating debt shall be designated "Floating Debt Tax."

981. Time to contract floating debt limited.

SEC. 7. After the fiscal year 1903 it shall be unlawful for the governing board of any town or city to contract any floating indebtedness or to contract any obligation whatever, except bonds authorized by law, unless the funds

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