payable by owners. property use. Referees. Disagree. ment. Third of fires. Fire Companies. Storage of cesspools; to compel the owners of lots and property to bear Expense the expense of erecting sidewalks, or improving the roads or property streets in front of the same; by special tax or otherwise to condemn property for the use or benefit of the town in the follow- Condemn ing manner: The Board of Trustees shall appoint one referee, for public and the owner or owners of the property to be condemned shall appoint one referee, and in the event that the two referees so appointed shall fail to agree in the valuation of the property, the two so selected shall appoint a third referee, and the valuation of such property agreed to by such referees, or two of referee. them, shall be final, and binding upon the parties, unless the Decision party aggrieved by the decision of such referees shall appeal. final. from such decision of valuation to the District Court of the Owner can appeal from First Judicial District, within thirty days after notice of such the decision valuation shall have been served on him or them; Fourth. To Prevention provide for the prevention and extinguishment of fires; also, to organize, regulate, establish, locate or disband, fire and hose companies; Fifth. To regulate the storage of gunpowder and other explosive or other combustible material; Sixth. To pre- powder, etc. vent and remove nuisances, also to determine what are nui- Nuisances. sances; Seventh. To employ policemen, prescribe their duties Police. and compensation, and provide for their regulation and government; Eighth. To fix and collect a license tax on, and regu- Licenses. late all places of business and amusement so licensed, as follows, to wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, billiard-tables, boiler-makers, boot and shoemakers and cobblers, bowling-alleys, brokers, factors and general agents, circus, caravan or menagerie, commission merchants, concerts and other exhibitions, dance houses, saloons or cellars, express and freight companies, founderies, gaming, hawkers and peddlers, hay yards, wagon yards and corrals, hotels, boarding houses and lodging houses, illuminating gas, insurance agents, job wagons, carts and drays, laundries, livery and sale stables, lumber yards, manufacturers of liquors and other beverages, markets, merchants and traders, milliners and dressmakers, newspaper publishers, pawnbrokers, restaurants. and refreshment saloons, and bar-rooms, shooting galleries, skating rinks, solicitors, stages and omnibuses, stockbrokers, tailors and clothes cleaners, telegraph companies, theatres and melodeons, undertakers, wood and coal dealers; Ninth. The Board of Trustees, having due regard to the amount of business done by each person or firm so licensed; Tenth. To Dramshops, license, tax and regulate, prohibit and suppress, all tippling ill-fame, etc houses, dram shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling houses, disorderly houses and houses of ill-fame; Eleventh. To levy and col- Dog tax. lect an annual tax on all dogs owned or kept within the limits of said town, and to provide for the extermination of all dogs for which said tax shall not have been paid, and to prohibit Hogs, etc., the keeping of hogs, or the running at large of goats or cows, within the corporate limits of said town; Twelfth. To provide for the issuance of licenses before named for such terms and in such sums as they may consider best; provided, that the several houses of running at large. Issuance of licenses and fication. their classi. Blank certificates to be printed. Provide public buildings. Board of health. Riots. Sale of liquors on election day to be Fines for breach of ordinances. Salaries of officers and Trustees kinds of business or occupation to be licensed shall be classified by ordinance in two or more classes, with a specific or certain rate of license provided for each class, and the blank certificates of license for each class, including the fixed sum to be paid therefor by the licensee shall be printed and numbered; Thirteenth. To provide all necessary buildings for public use of said town; Fourteenth. To establish a Board of Health and define their powers and duties, to prevent the introduction and spread of disease, and to provide for the indigent; Fifteenth. To prevent and restrain any riot or riotous assemblage or disorderly conduct, and to prohibit and suppress the sale of spirituous or malt liquors or wines, on any day of municipal, county suppressed. or general election; Sixteenth. To fix and prescribe the punishment for the breach of any town ordinance or resolution, but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed exceeding six months; Seventeenth. To determine employees. the duties and fix and establish the fees, salaries, compensation and emoluments of all officers and employees of said town; receive any provided, that the trustees shall not receive or be entitled to receive for their services as such any sum whatever: Eighteenth. To compel the attendance of absent members, to punish members for disorderly conduct, and to expel a member for cause, by a vote of four fifths; Nineteenth. To make all necessary conon the faith tracts and agreements for the benefit of the town, and to contract debts on the faith of the town; but no debt shall be contracted or liability incurred except on cash basis; to issue and sell bonds bearing interest at a rate not to exceed twelve per centum per annum, for the purpose of creating a contingent fund for current expenses, or for the purpose of paying, retiring and cancelling any bonds or warrants, or other outstanding claims already existing against the town; provided, that the aggregate of liabilities outstanding shall not at any time exceed the sum of sixty thousand dollars; and provided, further, that the said Board of Trustees shall not create a debt against the town for printing in a greater sum than five hundred dollars per annum. not to sum. Compel absentees to attend. Contracts of the town. Limit of interest. Liabilities Printing $500. Relative to carrying on gambling. Faro, monte etc. CHAP. CX.-An Act to Restrict Gaming, and to repeal all other Acts in relation thereto. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Each and every person who shall deal, play, carry on, open, or cause to be opened, or who shall conduct, either as owner or employe, whether for hire or not, except under a license, as hereinafter provided, any game of faro, monte, offense. roulette, jaurgusnette, rouge-et-noir, rondo, keno, fantan, twenty-one, red, white and blue, red and black or diana, or any banking game, played with cards, dice or any other device, whether the same be played for money, checks, credit, or any other valuable thing or representative of value, shall be guilty Charge of of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one thousand, nor more than three violation. thousand dollars, or by imprisonment in the County Jail not Term of less than three months, nor more than one year, or by both sentence. such fine and imprisonment. Penalty for Manner of procuring SEC. 2. Any person may procure a license for carrying on any one of the games mentioned in section one of this Act, in license. any single room, upon the payment, to the Sheriff of the county in which the same is situated, the amount of license money Description fixed in section four of this Act, and upon giving to said Sheriff of premises a definite description of the room in which he designs to carry the office of on said game, and filing with the County Clerk of the county a copy of said description. to be filed in the County Clerk. Auditor to blank. prepare licenses. License to name of description of premises. contain licensee and SEC. 3. Blank licenses shall be prepared by the County Auditor, which shall be issued and accounted for as is by law provided in respect to other county licenses. Each license delivered by the Sheriff under this Act to any person shall contain the name of the licensee, a particular description of the room in which the licensee desires to carry on the game licensed, and shall by its terms authorize the licensee to carry on one of the games mentioned in the first section of this Act, specifying it by name in the room therein described, for the period of one month next succeeding the date of issuance of the license. The said license shall protect the licensee and License to his employer or employers against any criminal prosecution licensee for dealing or carrying on the game mentioned in the room criminal described during said one month, but not for dealing or carry- prosecution ing on any other game than that specified, or the specified game in any other place than the room so described; provided, that the licensee shall be entitled to deal or play, or carry on two or more games in the same room, by paying a license for each game so dealt or carried on. protect from in certain cases. Amount to be paid to licenses. SEC. 4. The amount to be paid to the Sheriff shall be one hundred dollars for the first month, and seventy-five dollars Sheriff for for each successive month, so long as the licensee shall deal or carry on, or cause to be dealt or carried on, said game or games in the same room. to be used. SEC. 5 All moneys received for licenses under the provisions Money how of this Act shall be paid, three quarters into the County Treasury, and one quarter into the State Treasury, for general county and State purposes respectively. SEC. 6. Every person who shall knowingly permit any of the games mentioned in the first section of this Act to be played, conducted, dealt or carried on in any house owned by him or her, in whole or in part, except by a person who has received a license, as herein provided, or his employee, and in the rooms described therein, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as provided in section one of this Act. Owners of subject to property prosecution in certain cases. Charge of violation. offense for Prohibiting carrying on games in certain instances. Refusal to issue license Proviso in certain counties. Misdemean or for person under age of twenty one. Penalty. Licensed games cannot be suppressed. Who competent as witness. Not excusable from testifying. Fee of Theiving games prohibited, penalty. SEC. 7. None of the above-mentioned games shall be carried on, nor shall any license issue to carry on the same, in any room of the first floor or story of any building, and when any building has two first floors or stories, the other being or fronting on another street, then, and in such case, no license shall issue to carry on any of said games in any room on or in either of said first floors or stories of such building; provided, that in any county in which, at the general election next preceding the time of application, were polled less than fifteen hundred votes, or in any county created after said general election, the licensee shall be entitled to carry on his game in any back room of the first or ground floor of any building; and if any person carrying on any of said games shall knowingly permit to enter or remain in any licensed room, any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties for violation of its provisions as are prescribed in section one of this Act. SEC. 8. No town, city, or municipal corporation in this State shall hereafter have power to prohibit, suppress, or regulate any gaming house or game licensed as provided by this Act. SEC. 9. No person otherwise competent as a witness shall be disqualified or excused from testifying as such, either before a grand or petit jury, or any Court, to any facts concerning the offenses mentioned in the foregoing sections of this Act, on the ground that his testimony may criminate himself. SEC. 10. The District Attorney of the county shall receive two hundred and fifty dollars for each conviction of any person charged with the commission of any of the offenses mentioned in this Act, which sum shall be taxed as costs in the action; but in no case shall such costs be a charge against the county. SEC. 11. Any person or persons taking out license to deal any of the games mentioned in section one of this Act, or any proprietor of any building in which any of said games are dealt, who shall knowingly or otherwise deal or allow to be dealt any cheating or thieving game, or games known as "hogging games," shall be deemed guilty of a misdemeanor, and shall be offence and punished by the same penalties for violation of its provisions as are prescribed in section one of this Act. Hogging games. Charge of penalty. Act takes effect. Repeal. SEC. 12. This Act shall take effect and be in force on and after the first day of April, eighteen hundred and seventy-nine. SEC. 13. All Acts and parts of Acts in relation to this Act are hereby repealed. CHAP. CXI.-An Act to amend an Act to Abolish the office of State Printer, and provide for the Public Printing, approved March fifth, eighteen hundred and seventy-seven. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section nine of said Act is hereby amended so as to read as follows: both houses Section Nine. The Journals of the two houses of the Legis- Journal of lature shall be printed, and there shall be two hundred and to be twenty-five copies thereof, bound in the same style as those of printed. the eighth sessions, and each member of the Legislature, of Binding. which such Journals are the record, shall be entitled to one Persons copy of the same, that is to say, each Senator shall have a copy epis of the Senate and Assembly Journal, and each Assemblyman shall have a copy of the Senate and Assembly Journal; and the Journal of each house shall be bound separately. entitled to Journals bound sep arat ly. CHAP. CXII.-An Act to amend an Act entitled "An Act relating to Elections," approved March twelfth, eighteen hundred and seventy-three. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section twenty-nine of the Act entitled "An Act Amendment relating to Elections," approved March twefth, eighteen hundred and seventy-three, is hereby amended so as to read as follows: Inspectors and make shall file returns. Poll books. ment. Elector voted for not to be custodian. Election returns to whom delivered. Order of Section Twenty-nine. The Inspectors shall file the ballots on a string, inclose and seal the same together with one of the tally lists and one of the poll books, under cover, directed to the Clerk of the Board of County Commissioners of the County in which such election was held, or such other officer as is Indorseherein provided, indorsed "Election Returns;" provided, that if said Clerk of the Board of Commissioners, as County Clerk or any one of the following named County officers was voted for office at the last election, he shall not be the custodian of such Election Returns; but such Returns shall be directed and delivered to the County officer who was not a candidate and voted for office in the following order: Second. The County Recorder; Third. The County Treasurer; Fourth. The County Assessor; Fifth. The Chairman of the Board of County Com- candidates. missioners; Sixth. One of the County Commissioners; and said custodian shall comply with the provisions of section thirty of this Act. The packet thus sealed shall be conveyed by one of the Inspectors or Clerks of Election, to be determined by lot, How if they cannot otherwise agree, or by some other person to be determined. agreed upon by the Inspectors, and delivered to said Clerk of the Board of County Commissioners or the County officer, as herein provided, at his office, within ten days from the close of Time of the polls. The poll book, tally list, certified copy of register, ballot box and ballots thus inclosed and sealed shall, after the canvass of the votes by the Board of County Commissioners, be deposited in the office of the Clerk of the Board of Commis- Where sioners, and preserved until the next general election. The deposited. Manner of delivery. delivery. |