up in three public places in such township, for the period of twenty days immediately preceding the day of sale, giving a particular description of the property to be sold, the time and place of such sale, the name of the hotel or lodging house at which such baggage or property may be left, the names of the owner or owners of such baggage or property, when known, and signed by such auctioneer or constable. SEC. 4. It shall be lawful for the proprietor or proprietors of any heretofore hotel or lodging house at which any baggage or property may have sold under heretofore been left, to cause the same to be sold under the provisions of of this Act. this Act; provided, that for the purposes of such sale, such baggage or property shall be considered as left at such hotel or lodging house at the date of the passage of this Act. Baggage left, may be provisions Proviso. Churches, etc., may CHAP. XXXVI.-An Act to provide for the Incorporation of tions. [Approved March 2, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be lawful for all churches, congregations, incorporate, religious, moral, beneficial, charitable, literary, or scientific associations or societies, by such rules or methods as their rules, regulations, or discipline may direct, to appoint or elect any number, not less than three nor more than fifteen, as trustees or directors, to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalties thereof. ment of. Trustees, SEC. 2. Upon the appointment or election of such trustees or dicertificate of appoint rectors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the judges holding the election, stating the names of the trustees or directors; the name by which the said trustees shall thereafter forever be called and known shall be particularly mentioned and specified. Acknowledgment cate. SEC. 3. Such certificate shall be acknowledged by the person of certifi- making the same, or proved by a subscribing witness thereto, before some officer authorized to take acknowledgments of deeds, and recorded, together with the certificate of such acknowledgment or proof, by the Clerk of the county within which such church, congregation, religious, moral, beneficial, charitable, literary, or scientific society or association shall be situated. Powers of SEC. 4. Such trustees or directors may have a common seal, and may alter the same at pleasure; they may take into their possession and custody all the temporalties of such corporation, whether given, granted, or devised, directly or indirectly, to such society or association, or to any person or persons for their use; they may sue and be sued, may receive and hold all the debts, demands, rights, and privileges, all churches, burying places, halls, school houses, hospitals, or other buildings, all the estates and appurtenances belonging to such associa tion or society; they may have, lease, and improve the same, erect all houses or buildings that are necessary to carry out the objects of the society or association, and perform all duties imposed on them by the regulations, rules, or discipline of such organization. sale of. SEC. 5. The District Court of the county in which any such asso- Real estate, ciation or corporation shall have been constituted, on application by petition of the trustees thereof, if they shall deem it proper and beneficial to such association or corporation, shall make an order for the sale of any real estate belonging to such association or corporation, and direct the application of the moneys arising from such sale to such uses as the said association or corporation, with the approval of such Court, shall deem to be for the best interests of such association or corporation; and in like manner such Court may make an order authorizing such association or corporation to mortgage any of its real estate for such Mortgage. purposes as shall appear to be for the interest or benefit thereof. Any order made pursuant to the provisions of this section shall be subject to rehearing and to appeal to the Supreme Court, as in other civil Order cases; but a party having the right of such appeal may waive the same rehearing. by filing such waiver in writing, and on filing the same the right to appeal shall no longer exist. subject to to descend. of. SEC. 6. All lands, tenements, and hereditaments that have been, Lands, etc. or may hereafter be, lawfully conveyed by devise, gift, grant, purchase, or otherwise, to any persons or trustees in trust for the use of any such organization, shall descend, with the improvements, in perpetual succession to, and shall be held by such trustees in trust for such organization. SEC. 7. The real estate held by such association or corporation, Limitation shall in no case exceed one block in any town or city, and ten acres in the country; nor shall any portion thereof used for ordinary business purposes, and connected with the objects of such association or corporation, or rented for profit, be exempted from taxation; provided, that Proviso. the Grand Lodges of the orders of Free and Accepted Masons, and of the Independent Order of Odd Fellows, and subordinate lodges thereof, may acquire and hold such real and personal property as may be deemed necessary by the proper authorities thereof to carry out their charitable, educational, or ceremonial objects; and such association or corporation may sue and be sued, and have such other general powers as are by the laws of this State granted to corporations; and provided further, Proviso. that all real and personal property owned by such association or corporation prior to the passage of this Act, notwithstanding any of the provisions thereof, may be still held, owned and enjoyed by them. to make SEC. 8. It shall be the duty of said trustees annually to make a Trustees full report of all property, real and personal, held in trust by them, and annual the condition of the corporation, to the society or association by which report. they have been appointed or elected, a copy of which report shall be filed in the County Clerk's office, where the original certificate is filed, with an affidavit of the truth of such report, and also that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file. SEC. 9. An Act entitled An Act to provide for the incorporation Repeal. of religious, charitable, literary, scientific, and other associations, approved December nineteenth, eighteen hundred and sixty-two, is hereby repealed; provided, that all associations or corporations formed Proviso. under said Act shall remain in force, and hold all rights acquired thereby, under this Act. Public declared. CHAP. XXXVII.-An Act to amend "An Act in relation to Public Highways," approved March ninth, one thousand eight hundred and sixty-six. [Approved March 2, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. read as follows: [Section one] of said Act is hereby amended so as to Section One. All public roads, and the streets and alleys in incorpohighways rated cities and towns in this State, now used or lawfully entitled to be used as such, and all such roads, streets, and alleys as the Board of Commissioners of the county in which they are situate shall hereafter lawfully cause to be opened, are hereby declared to be public highways; provided, that nothing in this Act shall be deemed or construed to injure or abridge the rights of any toll road; but all roads shall be entitled to all the protection and benefits arising from this Act. Proviso. CHAP. XXXVIII.-An Act to amend an Act entitled “An Act for the relief of Insolvent Debtors, and protection of Creditors," approved March tenth, eighteen hundred and sixty-five. [Approved March 2, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. read as follows: Section eight of said Act is hereby amended so as to Meeting of Section Eight. The Judge granting the order for a meeting of the credCreditors. itors, shall direct the Clerk of the Court to issue a notice calling the creditors of the insolvent to be and appear on a day not less than thirty days from the date of publication of said notice, before said Judge, at chambers or in open court, to show cause why the prayer of said insolvent should not be granted. Said notice shall be published at least thirty days in a newspaper printed in the county in which application is made, if there be one; if there be none, then in a newspaper published nearest to the county seat in an adjoining county. Notice. CHAP. XXXIX.-An Act amendatory of and supplementary to an Act entitled "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 20th, A.D. 1864, approved March 8th, 1865," approved February 27th, A.D. 1866. [Approved March 2, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. 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, Vacancy, City Clerk, City Attorney, or City Treasurer, the Common Council shall how filled. 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 to elect an Alderman to fill the vacancy at their first regular meeting after such vacancy shall occur; and shall proceed to elect by ballot some qualified voter and resident of the ward wherein the vacancy exists. SEC. 2. Whenever the Common Council of the City of Austin Special tax. shall deem it necessary to acquire a fund for the purpose of procuring fire engines and apparatus, and for the construction of the necessary cisterns, and providing for a supply of water for filling the same for the protection of the property of the citizens against destruction by fire, a special tax for that purpose may be levied on the taxable property within the city limits subject to taxation, not exceeding one-half of one per cent. in any one year, to create a special fund for that purpose; and the money so derived shall not be used for any other purpose. The tax in this section provided for shall be levied, assessed, Tax, and collected, and the payment thereof enforced, as other city taxes. etc. SEC. 3. Section twenty-one of said Act is hereby amended, so as to read as follows: how levied, Assess Section Twenty-one. Special assessments may be made by ordinance Special for the opening, grading, paving, draining, or planking of any of the ments for streets, alleys, or sidewalks of said city, upon the lots or parts of lots situat- grading streets, etc. ed 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 block of any street, or their 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. 4. Section thirty-two of said Act is hereby amended so as to read as follows: City Section Thirty-two. It shall be the duty of the City Marshal to exe- Duty of cute and return all process issued by the Recorder's Court, or directed to Marshal. him by any legal authority, in all criminal cases, and to attend upon the Recorder's Courts, and to serve and execute all writs, process, and other papers issued from Justices' Courts in city suits, including all suits brought in the name of or for the use of the city in a Justice's Court, for the recovery of taxes, or assessments, or other matter; and he shall serve any execution or other process that may be issued upon a judgment obtained in any such action, and for such purpose he is hereby clothed with all the power and duties of a sheriff or constable holding writs of execution or other similar process, and may under such writs and process make sales of real and personal property, and execute to a purchaser thereof certificates of purchase and deeds of conveyance in the same manner and with the like force and effect as sheriff[s] or constables may do, under sales made by them under and by virtue of writs of execution and other final process. Rates of toll. Proviso. Road to be kept in repair. CHAP. XL.-An Act to amend an Act authorizing Rufus Walton and Westley Lambert to complete and maintain a Toll Road. [Approved March 2, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of said Act is hereby amended so as to read as follows: Section Two. The rates of toll on said road shall be established as follows: Two animals and wagon, fifty cents; each additional animal, twelve and a half cents; buggy and two animals, fifty cents; buggy and one animal, twenty-five cents; horseman, ten cents; pack animals, ten cents; provided, that teams passing on this road unloaded, and returning the same day loaded, or vice versa, shall be charged but one toll. The company, owner or owners, shall keep, or cause to be kept, an accurate account of the receipts of the road, and quarterly, under oath, make a report of the same to the Controller of State; and shall pay quarterly into the State Treasury, two per cent. on the gross receipts from toll received on said road. SEC. 2. It is hereby made the duty of the owner or owners to keep the road in good order. SEC. 3. This Act shall take effect from and after its passage. CHAP. XLI.-An Act to amend an Act entitled "An Act to provide Revenue for the support of the Government of the State of Nevada," upproved March ninth, eighteen hundred and sixty-five. [Approved March 2, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section forty-three of the Act of which this Act is amendatory, is hereby amended so as to read as follows: |