Bids accepted, duties of officers.

Justices of

Peace's

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 No bid for more than par value shall be accepted, nor shall any proposal be withdrawn after it has been delivered to the Treasurer.

SEC. 9. When any bid or bids are accepted, as provided in the last Section, the Clerk of the Board of County Commissioners and the 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. The bid or bids specified in Section Eight 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 are 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.

SEC. 10. Any Justice of the Peace within any said town. jurisdiction 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.

District Attorney to prosecute and defend suits, etc.

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.

Police.

pointment

for.

SEC. 12. The Board of County Commissioners, for the Chief of purpose of carrying out the provisions of this Act, may appoint from the residents thereof, for each said town or officers, apcity in their county, one Chief of Police and as many other provided 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 twothirds of them shall be named and appointed by a majority of the Board, and one-third by a minority. All fees and moneys 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 mited. 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.

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 fees 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.

Salaries

County

Treasurer's

liability and

duties.

County

Clerk's lia

bility and

duties.

Other

county

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 there- officers. from, 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 employés of any fire department or company, or peace officer thereunder authorized,

Board of Commissioners to hold meetings.

Special meetings.

Quorum.

Petition of residents.

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.

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.

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 that in the case of any disincorporated town or city, no such, nor any, petition need be filed, but all the proviSignatures. sions of this Act shall immediately apply thereto. When a petition is filed, the genuineness of its signatures and the qualifications of its subscribers shall be established by the affidavits of reliable taxpayers of said town or city filed with such petition.

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, 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 an 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.

CHAP. XLIX.-An Act to Disincorporate the City of Virginia, and to Repeal All Laws Touching Its Incorporation.

[Approved February 26, 1881.]

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

tion Acts of

City

SECTION 1. An Act entitled "An Act to Incorporate the Incorpora City of Virginia, provide for the government thereof and Virginis repeal all other laws in relation thereto," approved March repealed. 4, 1865; an Act entitled "An Act to amend an Act entitled 'An Act to Incorporate the City of Virginia, provide for the government thereof and repeal all other laws in relation thereto,' approved March 4, 1865, approved February 24, 1866; an Act entitled "An Act to amend an Act entitled 'An Act to amend an Act to Incorporate the City of Virginia, provide for the government thereof and repeal all other laws in relation thereto, approved March 4, 1875, approved February 24, 1866; and to repeal Section Eight of an Act entitled "An Act to regulate gaming, passed March 4, 1869," approved February 20, 1875; an Act entitled "An Act to Reincorporate the City of Virginia, and to provide for the government thereof, and to repeal all other laws in relation thereof" [thereto], approved March 2, 1877; an Act to amend an Act entitled "An Act to Reincorporate the City of Virginia, and to provide for the government thereof, and to repeal all other laws in relation thereto," approved March 2, 1877, approved March 6, 1879, are each and all hereby repealed. SEC. 2. All offices under any incorporation of the City of Offices Virginia are hereby abolished."

SEC. 3. This Act shall take effect on the second day of May, 1881.

CHAP. L.-An Act Supplemental to an Act entitled "An
Act to Prevent the Adulteration of Milk, and Prevent
Traffic in Impure and Unwholesome Milk," approved
February 17, 1879.

[Approved February 26, 1881.]

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

SECTION 1. There shall be appointed by the Board of County Commissioners of said county a Milk Inspector, whose duties shall be as provided in Section Two of this Act.

abolished.

County Comto appoint a sector.

missioners

Milk Inspector.

Duty of
Inspector.

Fines and penalties.

Compensa tion of Inspector.

SEC. 2. It shall be the duty of said Milk Inspector to inspect milk offered for sale by vendors in his county, and if found adulterated, unwholesome and impure, he shall cause the arrest of said vendor or vendors, and prosecute them in any Court of competent jurisdiction in this State.

SEC. 3. If said vendor or vendors are found guilty of the violation of this Act, and the Act to which this is supplemental, they shall be fined in any sum not less than twenty-five dollars, nor more than two hundred dollars, or be imprisoned in the County Jail for not less than fifty nor more than one hundred days. All fines under the provisions of this Act to be paid into the School Fund.

SEC. 4. The compensation for said Milk Inspector's services shall be regulated and ordered paid by the Board of County Commissioners of his county.

Persons not allowed to

testify when

other party to transac

tion is dead.

CHAP. LI.-An Act to Amend an Act entitled "An Act to Amend an Act entitled 'An Act to Regulate Proceedings in Civil Cases in the Courts of Justice of This State, and Repeal All Other Acts in Relation Thereto,'" approved March 8, 1869; approved March 5, 1877; approved February 26,

1879.

[Approved February 26, 1881.]

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

SECTION 1. Section One of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section One. Section Three Hundred and Seventy-nine of said Act is amended so as to read as follows:

Section Three Hundred and Seventy-nine. No person shall be allowed to testify under the provisions of Section Three Hundred and Seventy-seven when the other party to the transaction is dead, or when the opposite party to the action or the person for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proved Both parties transpired before the death of such deceased person; provided, that when such deceased person was represented in the transaction in question by any agent who is living, and who testifies as a witness in favor of the representative of such deceased person, in such case the other party may also testify in relation to such transaction, and nothing contained in said Section shall effect the laws in relation to attestation of any instrument required to be attested; provided further,

can testify

in certain

cases.