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treasurer shall, upon the presentation of said bonds and a demand made for the payment of the interest accrued thereon, pay the same; provided, that there is sufficient money in the redemption fund to do so. The treasurer shall indorse the amount so paid upon the back of the bond, in red ink, as so much interest paid. He shall also take a receipt from the holder of said bond or bonds, which shall show the date that said money was paid, the amount so paid, the number of the bond, the date of issue and to whom issued. Said receipt shall be sufficient voucher for the county treasurer in the settlement of his accounts. The interest on said bonds shall be due and payable at the same periods of time of the year that the coupons attached to said bonds were due and payable. Whenever at any time after the payment of the accrued interest on said outstanding bonds there shall be in said redemption fund the sum of five hundred dollars or more, it shall be the duty of said treasurer to give ten days' public notice that sealed proposals, directed to him, will be received for the surrender of indebtedness payable from said fund, which sealed proposals shall be received by him at any time before the next regular meeting of the board of county commissioners held after the giving of said notice. Said notice shall be given by publication thereof in some newspaper published in the county, if there be one; if not, then by posting such notice in five public places of the town or city, the funds of which it is proposed to use in making the redemption mentioned in such notice. As amended, Stats.

1883, 111.

884. Treasurer to deliver proposals to board of commissioners.

SEC. 8. At the first regular meeting of the board of county commissioners after expiration of such notice, the said county treasurer shall deliver to the board all of the sealed proposals received by him up to that date. Said board of county commissioners shall thereupon open all of said sealed proposals, examine the same, and cause copies thereof to be entered in the record of their proceedings, and shall accept the lowest bid or bids for the surrender of the indebtedness offered, to the extent of the sum mentioned in such notice; provided, that no bid shall be considered which is not accompanied with the evidence of indebtedness proposed to be surrendered. No bid for more than par value shall be accepted, nor shall any proposal be withdrawn after it has been delivered to the treasurer.

885. Duties of officers relative to acceptance of bids.

SEC. 9. When any bid or bids are accepted as provided in the last section, the clerk of the board of county commissioners and county treasurer shall each take a description of the evidences of the indebtedness to be redeemed, specifying the amount to be paid for each of the same, date, number and amount thereof, and make a record of the same in their respective offices, and thereupon the board of county commissioners shall direct said treasurer to pay the indebtedness designated in the accepted bid or bids, and said treasurer shall pay the same, and shall immediately cancel the evidences of indebtedness so paid by him by writing across the face thereof, in red ink, "Redeemed," adding thereto the time when the same was redeemed and the amount paid therefor; and shall sign the same officially. Such canceled evidences of indebtedness shall be sufficient vouchers for the county treasurer in the settlement of his accounts. But, in case that any of the bonds that are offered for redemption shall be of a greater denomination than the amount of money in the redemption fund, the treasurer shall, upon the presentation of said bond or bonds, pay over to the holder of the same the amount of money so advertised, and for which he shall take his receipt. He shall also indorse upon the back of said bond, in red ink, the amount of money so paid as being for so much on the principal of said bond, after which time said bond shall only bear interest upon the amount of the principal due thereon.

Said receipts shall be sufficient vouchers for the county treasurer in the settlement of his accounts, and shall show the date that said money was paid, the amount, and to whom paid; also the number of the bond, the date of its issue, and to whom issued. The bid or bids specified in section 8 being equal, preference shall be given to those in which the greatest percentage is principal. That shall be deemed the lowest bid which offers the largest amount of indebtedness, including principal and interest, for the smallest percentage in amount of money. When two or more bids shall be equal in every respect, each shall be accepted, pro rata, as near as possible. The county treasurer shall return, on demand, to the proper parties, all unaccepted bids, with the evidences of indebtedness which accompanied the same. This act shall be in force and effect from and after its passage. As amended, Stats. 1883, 112.

886. Jurisdiction of justices of the peace.

SEC. 10. Any justice of the peace within said town or city shall have jurisdiction of all violations of ordinances applicable thereto under the provisions of this act, and may render final judgment, hold to bail, fine, or commit to prison any offender, in accordance with the provisions thereof. All commitments of imprisonment shall be directed to the sheriff of the county, and all fees or fines collected be paid to the county treasurer of the proper county, to be by him distributed to the proper fund of said town or city.

This act so far supersedes the act disincorporating the city of Virginia (Stats. 1881, p. 79) that the office of city jailer in said

887. Duties of district attorney.

city was abolished and the board of county commissioners had no authority to create the office. State ex rel. Fredericks v. Canavan, 17 Nev. 422 (30 P. 1079).

SEC. 11. All prosecutions arising under the provisions of this act shall be conducted by the district attorney of the county, who shall collect such fees as may be provided by law or ordinance and pay the same to the county treasurer, to be by him distributed to the proper fund. He shall also prosecute and defend all suits brought by or against the board of county commissioners under the provisions of this act.

888. Chief of police-Salaries limited.

SEC. 12. The board of county commissioners for the purpose of carrying out the provisions of this act, may appoint from the residents thereof, for each said town or city in their county, one chief of police and as many other, peace officers as may be necessary, not exceeding seven. Said officers shall be ex officio collectors of all licenses and taxes, other than property taxes, to be collected for the use of said town or city; and shall exercise such other powers and perform such other duties, including police duties, as may be authorized, directed, or required by the board of county commissioners. Every such officer shall give bond, in ordinary form of official bonds, in such amount as may be designated by the board of county commissioners, and two-thirds of them shall be named and appointed by a majority of the board, and one-third by a minority. All fees and money collected by any such officer, under any law or ordinance, shall be by him paid to the county treasurer, to be by him distributed to the proper fund of the city or town whence collected. And such officer shall receive for his services such sum as may be fixed by the board of county commissioners, not to exceed one hundred ($100) dollars per month, except the chief of police, who shall receive not to exceed one hundred and fifty ($150) dollars per month.

889. County treasurer's liability and duties.

SEC. 13. The county treasurer in each of the counties of this state shall perform the duties required or authorized to be performed by him, under and

by virtue of the provisions of this act, and shall be held liable on his official bond for the faithful performance of such duties, and shall pay any fee by him received by virtue of any law or ordinance into the treasury, to be apportioned to the fund of the town or city from which collected.

890. Clerk's liability and duties-Other officers.

SEC. 14. The county clerk in each of the counties of this state shall perform the duties required or authorized to be performed by him, under and by virtue of the provisions of this act, and shall be held liable on his official bond for their faithful performance. He shall be ex officio clerk of the board of county commissioners in the execution of the provisions of this act, and shall keep a record of their proceedings thereabout, in books not used for other purposes. The district attorney, county auditor, county assessor, and all other county officials, not specially exempted therefrom, in each of the counties of this state, shall perform the duties required or authorized to be performed by him and them, under and by virtue of the provisions of this act, and shall be held liable on his or their official bond or bonds for the faithful performance thereof. No officer performing any duty under this act, excepting the board of county commissioners, officers, and employees of any fire department or company, or peace officer thereunder authorized, shall demand or receive any compensation therefor. All such officers shall pay all fees or moneys by them received under any law or ordinance touching the provisions of this act, in time and manner as by general law provided, to the county treasurer of their respective counties, to be by him distributed to the fund of the proper town or city.

891. Commissioners to hold meetings-Special meetings-Quorum.

SEC. 15. The board of county commissioners of any county in this state, having jurisdiction of the affairs of any town or city, as in this act provided, shall hold a regular meeting in the court house, at the county-seat, at least once in each month, on a day previously fixed by them, for the purpose of transacting the business provided for in this act, and shall continue in session from day to day until such business is completed. They may also hold special meetings, upon a call of the chairman of the board, or a majority of the members thereof. A majority of said board shall be necessary to constitute a quorum, and a vote of the majority of the whole board shall be necessary to carry any question. In any county whose inhabitants shall number twelve thousand or more, wherein the board of county commissioners transact the business required under the provisions of this act, each member of such board shall receive, in addition to the compensation allowed by general law, the additional sum of forty ($40) dollars per month.

892. Petition to be filed for application of this act.

SEC. 16. None of the powers or jurisdiction in this act authorized or required, shall be exercised in any town or city until there shall have been filed in the clerk's office of the county in which the same is situated, a written petition for the application of the provisions of this act to said town or city, signed by a majority of the actual residents thereof, representing at least three-fifths of its taxable property, except in the case of any disincorporated town or city, or towns having a voting population of six hundred or more, no such nor any petition need be filed, but all the provisions of this act shall immediately apply thereto. When a petition is filed the genuineness of its signatures and the qualification of its subscribers shall be established by the affidavits of reliable taxpayers of said town or city filed with such petition. As amended, Stats. 1887, 117.

893. Act repealed.

SEC. 17. An act entitled "An act providing for the government of the

towns and cities of this state," approved February twenty-first, eighteen hundred and seventy-three [p. 66], and all other acts and parts of acts in conflict with the provisions of this act, are hereby repealed (provided, that any town which has availed itself of the provisions of this act entitled "An act to provide for the government of unincorporated towns in this state," approved March eighth, eighteen hundred and seventy-nine, and elects to remain under the provisions thereof, may continue its government thereunder, and the provisions of said act, in respect to such town, shall remain in full force).

Act of March 8, 1879, 103, repealed, Stats. 1887, 51.

NOTE-Sections of acts following, 894-999, relate to town government.

An Act authorizing boards of county commissioners to transfer surplus money in the several funds of unincorporated towns from one to the other.

Approved February 10, 1881, 34

894. Commissioners to transfer moneys.

SECTION 1. Whenever there shall be any surplus money in either the fire department, town, or police department funds, now or hereafter created by virtue of the laws of this state, in any unincorporated town, the board of county commissioners of the respective counties may, and they are hereby authorized and empowered, to transfer such surplus, or any portion thereof, from any one to either of said funds, in the manner and proportion best calculated, in the judgment of said commissioners, to subserve and protect the credit of the other.

An Act to create a fire department fund.

$95. Town or city tax for.

Approved March 9, 1865, 328

$96. Prescribe boundaries for tax.
$97. Manner of assessing and collecting tax.
$98. Fire department fund.

895. Town or city tax for.

899. Order of commissioners.
900. How fund used.

901. Warrant not drawn, when.
902. Intended to provide.

SECTION 1. The county commissioners of the various counties of the State of Nevada are hereby empowered to levy and collect a tax of not exceeding one per cent, upon the assessed value of property within any unincorporated town for the benefit of the fire department in such town. As amended, Stats. 1881, 110; 1911, 34.

896. Prescribe boundaries for tax.

SEC. 2. The county commissioners shall prescribe the boundaries within which such tax shall be collected; provided, that such boundaries shall not extend beyond the limits of such unincorporated town, village, or city. 897. Manner of assessing and collecting tax.

SEC. 3. Said tax shall be assessed in the same manner and subject to the provisions of the general laws for the assessment and collection of taxes, and collected at the same time and by the same officers who assess and collect the state and county taxes, and shall be paid over to the county treasurer.

898. Fire department fund.

SEC. 4. The county treasurer shall keep said moneys in a separate fund, to be denominated the fire department fund.

899. Order of commissioners.

SEC. 5. No money shall be paid out of the fire department fund, except by order of the county commissioners.

900. How fund used.

SEC. 6. The county commissioners shall use the fire department fund to aid in sustaining the fire companies within the boundaries of the town, as prescribed by the county commissioners.

901. Warrant not drawn, when.

SEC. 7. No debt is authorized by this act to be made; and any warrant drawn on the fire department fund, when there is not sufficient money in the treasury to pay the whole amount of said warrant, shall be void.

902. Intended to provide.

SEC. 8. This act is intended to provide for the payment of such liabilities provided for by this act as may accrue after its passage, and may be audited and allowed by the county commissioners, and incurred in maintaining fire companies in any unincorporated town, city, or village desiring to avail itself of the benefits of this law, and not for the payment of any liabilities accruing before the passage of this act.

Act in relation to fire wardens, secs. 903–907.

An Act to provide fire wardens in unincorporated cities and villages.

Approved March 1, 1875, 109

903. Sheriff to appoint policemen.
904. Duty of fire warden.
905. Failure to repair defective fixtures.

903. Sheriff to appoint policemen.

906. Failure to remove dangerous materialMisdemeanor.

907. Fee of warden.

SECTION 1. It shall be the duty of the sheriff of any county in the State of Nevada to appoint one or more policemen for any city, town or village which is unincorporated, when requested to do so, as provided by an act entitled "An act to provide policemen in unincorporated cities, towns and villages," approved March eleventh, eighteen hundred and sixty-five. The policemen so appointed shall be ex officio fire wardens of the unincorporated cities, towns, or villages for which they are acting as policemen.

904. Duty of fire wardens.

SEC. 2. It shall be the duty of the said fire wardens to go, in the day time, and examine all houses, buildings, or superstructures within the city, town, or village where they are acting as said fire wardens and policemen, and ascertain from personal examination, the condition of all the chimneys, stovepipes, stoves, flues, ranges, grates, furnaces, or other articles, or anything used in said house, building, or superstructure, in which to hold fire or to conduct the smoke from any fire; and when any of said articles or the fixtures thereto are found to be so defective, in make or material, or so situated as to endanger any of the property of said city, town, or village, or the property of any of the inhabitants thereof, to loss from fire by or on account of any of said defects, then the said fire wardens shall, in writing, notify the owner or occupant of said house, building, or superstructure, where such defective chimney, flue, or stovepipe, or other article, is situated, to repair the same, so as to prevent danger from fire to the property in said city, town or village; and said fire wardens shall also direct the manner in which said repairs shall be made; said fire wardens shall also, under the direction of the chief engineer of the fire department, where there is one, and where there is no chief engineer of a fire department in a city, town, or village, then under the direction of the sheriff, shall examine streets, alleys, out-lots, and the surrounding of houses and buildings in such city, town or village, where he is acting as such fire warden, and direct the removal, by the owner of the premises, of any inflammable matter or material found thereon; and

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