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Secretary's duties.

Result of vote, if in favor of

removal of officers, bal

loting provided for.

Tellers appointed to collect

and count ballots.

Certificates issued by the Judge, and other duties.

it appears at the time appointed, or within one hour thereafter, holders of less than one-half the whole number of shares actually issued, or their proxies, are present, the meeting shall be dissolved; but, if the holders of more than one-half the shares actually issued, or their proxies, are present, they shall proceed to vote, the Secretary calling the roll, which he shall prepare by setting down the names of persons held to be entitled to vote, and the number of shares held by each, and such persons voting yea or nay, as the case may be. The Secretary shall enter the same upon his list, and, when he has added up the list and stated the result, he shall sign the same and hand it to the Judge, who shall declare the result. If the result of the vote is that the holders of a majority of all the shares of the company actually issued, or their proxies, are in favor of the removal of one or more of the officers of the company, the meeting shall then proceed to ballot for officers to supply the vacancies thus created. Tellers shall be appointed by the Judge, who shall collect the ballots and deliver them to the Secretary, who shall count the same in open session, and, having stated the result of the count, in writing, shall sign the same and hand it to the Judge, who shall announce the result to the meeting. The Judge shall thereupon issue to each person chosen a certificate, stating that, from the date of such meeting until the next annual election, unless removed under the provisions hereof, he is entitled to exercise and fill the office to which he is chosen; and shall indorse upon, or annex to, said petition a report of the proceedings of said meeting; and an order, requiring that all books, papers, and all property and effects of said corporation, be immediately delivered to the officers-elect, and shall sign the same and file it with the Clerk of his Court; and thereafter any disobedience to said order may be punished as other contempts of Court, and obedience thereto may be enforced by the Court of said district. The District Judge shall preside at said meeting, and put to vote such proper motions as he may be requested to submit to the meeting. In deciding any controverted question that may arise, he shall have the power to administer oaths and take testimony, either orally or by ex parte affidavits. For all the services in these proceedings, the County Clerk shall receive twenty dollars.

SEC. 2. This Act shall take effect immediately.

CHAP. XXVI.-An Act Amendatory of and Supplementary
to an Act entitled "An Act to Create a Board of County
Commissioners in the Several Counties of This State and to
Define Their Duties and Powers."

[Approved February 14, 1881.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section Four of said Act is hereby amended so as to read as follows:

missioners.

manner of

calling

same.

Section Four. If at any time after the final adjournment County Comof a regular meeting the business of the county shall require a meeting of the Board, a special meeting of the same may Special be ordered by any member of the Board. The order shall meetings, be entered on the records of the Board and the Clerk shall give notice of such special meeting and the time thereof to any member of the Board not joining in the order. SEC. 2. No County Commissioner in this State shall have power or privilege to make any advance to any indigent, or infirm, or other person or persons (except the sick), as a charity, under any pretext whatever, of any money, credit, security, merchandise, or other valuable, for any purpose, until the same shall have been passed upon and allowed at a meeting of the Board.

Assistance sick, etc., except when passed upon

to indigent,

prohibited

Commis

ited; mode

SEC. 3. No County Commissioner or Board of County Powers of Commissioners in this State shall have power to make any sioners limappropriation or payment of any money, merchandise, or of rendering other valuable to any indigent poor, infirm, or other person assistance. or persons (except the sick), as a charity, unless the same shall have been previously recommended as necessary by two or more property taxpayers of the county. The recommendation must be in writing and signed by two or more property taxpayers of the county, and passed upon, and payment authorized by the Board of County Commissioners at a meeting of the Board.

tions must

mended.

SEC. 4. No County Commissioner or Board of County Appropria Commissioners in this State shall have power to make any be recomappropriation or payment of any money, merchandise, or other valuable to any sick person or persons, unless the same shall have been previously recommended, in writing, as necessary by a resident of the county.

SEC. 5. No claim of any Commissioner for payment, allowance, or advance of any money, merchandise, or other property to any indigent poor, infirm, or sick person or persons shall be allowed or paid, unless presented and authorized as provided in Sections Three and Four of this Act.

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Claims of sioners for whom valid and payable

allowance,

Recommendations to be kept on file.

Violation, penalty for.

SEC. 6. It shall be the duty of the Board of County Commissioners to keep on file in the County Clerk's office all recommendations mentioned in Sections Three and Four of this Act, and the same shall be open to inspection to any resident of the county.

SEC. 7. If the Board of Commissioners in any county in this State or any member of any Board shall violate any provisions of this Act, such member or members so violating shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars or less than fifty dollars, and shall be liable for any loss, damage, or expense sustained by the county in consequence of such violation.

SEC. 8. This Act to take effect in any county in this State having polled more than fifteen hundred votes at the last general election in 1880.

Records of judgments to be

restored in certain cases.

Manner of restoring the record.

CHAP. XXVII.-An Act to Restore Lost Records.

[Approved February 16, 1881.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. In all cases where the records of any judgments, or other records of any Court, of either general or limited jurisdiction in this State, have been lost or destroyed, and the said judgments have not expired by limitation, the same may be restored and replaced, and become the records of said Courts, in the manner prescribed in this Act.

SEC. 2. Where any record of any Court in this State has been lost, destroyed, or defaced so that its contents cannot be distinguished, the same may be restored by any party interested, by making and filing an affidavit in said Court, whose record it is proposed to restore, and that said affidavit shall set forth the nature of the action, demand or claim upon which said lost, destroyed or defaced record of judgment was obtained, the amount or character of judgment, and costs, as near as it can be ascertained, about the date of the entry of the same, the time and manner of its loss or destruction, and that said judgment has not been satisfied or paid, and that there is due and owing from the judgment debtor upon said judgment the amount stated in the affidavit, and that the restoration of said record or records is necessary to secure the legal rights of said affiant.

interested

SEC. 3. Upon the making and filing of the said affidavit, Judge to the Court shall thereupon issue a citation to all parties citation to interested, notifying them to appear and show cause why parties. the record referred to in said case should not be restored, and that in said notice or citation shall be set forth that the motion to restore said lost record is based upon affidavit on file in said Court, and if the hearing of said case is before the District Court, ten days' notice shall be given to all parties interested, or if the same is before a Justice's Court, not less than five nor more than ten days' notice shall be required.

SEC. 4. When parties upon whom citation is required to be served reside outside of the county, but within this State, service shall be made in the same manner as is prescribed by law for the service of summons in civil actions in this State, and upon a citation issued from a Justice's Court under this Act, the service of the same upon parties residing out of the county, but within the State, shall be in the same manner as that required for the service of summons in civil actions in the District Courts, and where the parties upon whom service is required to be made reside out of this State, service shall be made by publication, in the same manner as is required for service of summons in civil cases in the Courts of this State.

Service of manner of

summons,

making

same.

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SEC. 5. In all cases under this Act the parties interested Counter affshall, upon said motion, have an opportunity of appearing be used. and using counter affidavits and contesting said application, and if it appear to the Court at the hearing that the record in said case is lost, destroyed or defaced, and what its contents were, it may then make, order, or cause to be made, a new roll or record, corresponding to the old one as near as can be done, and enter the same as of record in said Court, and the matter thus substituted will thenceforward be received in all Courts and given in all respects the same effect as though it were the original record.

SEC. 6. Where any record of a judgment has been Limitation. restored under this Act, said judgment shall not continue or

extend beyond the limitation prescribed by law at the time

the original judgment so restored was entered.

SEC. 7. This Act shall be in force and take effect from and after its passage.

Justices of the Peace, duties of, in case of notice of appeal.

County
Clerk.

District
Judge can

compel Jus-
tice to trans-

mit transcript, and fine same.

Legal

objections.

CHAP. XXVIII.-An Act to Amend Section Five Hundred and Eighty-three of an Act entitled "An Act to Regulate Proceedings in Civil Cases in the Courts of Justice in This State, and to Repeal All Other Acts in Relation Thereto," approved March 8, 1869.

[Approved February 16, 1881.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section Five Hundred and Eighty-three of said Act is hereby amended so as to read as follows:

Section Five Hundred and Eighty-three. Upon receiving the notice of appeal and on payment of the fees of the Justice and filing an undertaking, as required in the next Section, the Justice shall, within five days, securely attach to a certified copy of his docket all the papers filed in the cause, together with the notice of appeal and undertaking filed, and transmit the same to the Clerk of the District Court. The certified copy of the docket, the papers, notice and undertaking, attached together as aforesaid, shall be the transcript on appeal, and the Clerk of the District Court shall file such transcript on payment of the fees therefor. The Justice may be compelled by the District Court by an order entered on motion to transmit such transcript to said Clerk, and may be fined for neglect or refusal to transmit the same. A certified copy of such order may be served on the Justice by the party or his attorney. In the District Court either party shall have the benefit of all legal objections made in the Justice's Court.

County Commissioners.

CHAP. XXIX.-An Act to Amend an Act entitled "An
Act Relating to Elections," approved March 12, 1873.

[Approved February 16, 1881.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section Thirty-one of said Act is hereby amended so as to read as follows:

Section Thirty-one. The Board of County Commissioners, after making the abstract of votes, as provided in

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