ing shall be such as the Board of Trustees may by ordinance prescribe.

Clerk.

SEC. 28. The clerk shall keep the corporate seal, books and Duties of papers belonging to the town and file all papers belonging to the town, in his office, under appropriate heads; attend all meetings of the Board of Trustees, and keep an accurate journal of their proceedings, including a record of all ordinances, by-laws, or resolutions passed or adopted by them, which journal shall, after approval at each meeting, be signed by the President of the Board. He shall also countersign and affix the corporate seal to all bonds or warrants issued in pursuance of the ordinances or resolutions of the Board. He shall number and countersign all licenses, which licenses shall be printed, showing on their face the class of license, with marginal stubs attached and stitched together in books, each book containing an equal number and of one class only. He shall be the custodian of the blank licenses, and shall deliver from time to time such number thereof to the person authorized to collect license as the Board may direct, charging him therewith at their face or representative value, and giving him credit at the same rate for so many thereof only as he may return at time of settlement of his account. The clerk shall also keep an accurate account of all bonds issued, and all warrants and orders drawn on the Treasurer, in such manner that the Board can at any time readily ascertain the actual outstanding indebtedness; and perform such other duties as may be required by the Board.

SEC. 29. Upon the passage of ordinances, or of any resolution appropriating money abolishing licenses, or increasing or reducing the rates of licenses, the yeas and nays shall be called, and entered in the journal.

ordinance.

SEC. 30. The style of all ordinances shall be: "The Board of Style of Trustees of Gold Hill do ordain." All ordinances shall be published for one week in a newspaper published in Storey County, prior to going into effect.

brought.

SEC. 31. Civil actions may be brought in the name of "The Town How actions of Gold Hill," in any court of competent jurisdiction, and actions magat for the violation of any ordinance of said town may be brought before any Justice of the Peace having jurisdiction within the corporate limits of said town, and fines imposed by such justice may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the town jail, at the rate of one day for each two dollars of such fine and costs, or said justice may, in his discretion, adjudge and enter up in his docket, an order that such offender shall work on the streets or public works, at the rate of one day for each two dollars of such fine and costs, until the same be so exhausted, or otherwise satisfied; provided, however, that appeals Proviso. may be taken from the judgment of such justice for the violation Appeal. of ordinances to the court of the First Judicial District, in the manner provided by law for appeals from Justice's Courts in criminal actions; and, provided further, that in the trial of venue. offenses for the violation of town ordinances, no change of venue to any Justice's Court beyond the limit of said town corporate shall be granted.

Justices'

fees.

Report.

Attorney's fees.

Vacancy in office.

Present officers to remain in

SEC. 32. Any Justice of the Peace within the corporate limits of said town shall be entitled to such fees in the trial of cases arising out of violations of ordinances passed by the Board of Trustees, as said Board may by ordinance determine. It shall be the duty of such justice to report to the Board at their first regular meeting in January, April, July and October, of each year, which report shall show in detail the number of cases tried, the names of the defendants, the amount of fine imposed, the sum of money received in payment of such fine, the amount paid out for fees in the case, and to whom paid, and the balance remaining on hand, which balance he shall pay over at the close of each quarter year to the Treasurer, taking his receipt therefor, which receipt shall accompany his report to the Board of Trustees, and his docket of such cases shall always be open to the examination of said Board, or a committee thereof.

SEC. 33. The attorney for the town, whenever one may be appointed, shall receive or be entitled to receive, such fees, either contingent or fixed, as the Board may determine; provided, in the prosecution of suits in Justice's Court for the collection of delinquent taxes the attorney's fee shall not exceed the sum of seven dollars and fifty cents in each case.

SEC. 34. If any officer of said town shall remove his residence therefrom, or absent himself for more than thirty days without leave from the Board of Trustees, his office shall be declared vacant, and the vacancy shall be filled as in this Act provided.

SEC. 35. The present officers of the town of Gold Hill shall remain in office until their successors shall be elected or appointed office, etc. and qualified as provided and required in this Act; and nothing in this Act contained shall be construed as repealing, or in any manner affecting the force or validity of any ordinance or resolution now in force, nor as affecting the validity of any debt, liability or contract now existing. All debts or liabilities contracted or incurred either by the present Board or any former Board of Trustees, for which the faith and credit of the town has been pledged, or bonds or warrants or other written evidences of indebtedness have been issued, are hereby by this Act legalized and made valid liabilities against said town.

Property,

jurisdiction

SEC. 36. All property, whether real or personal, acquired in etc., under the name of, and for the benefit of said town, by virtue of any of corporate former Act of the Legislature or by any act or ordinance of any body. Board of Trustees, shall be the property of the corporate body

Acts

repealed.

created by this Act and known as "The Town of Gold Hill. All streets, alleys or avenues within said corporate town, laid out and platted in an official map of said town, drawn by George Hunt, C. E., in the year one thousand eight hundred and sixtythree, or in the official map of said town drawn by John Ostrom, C. E., in the year one thousand eight hundred and sixty-four, are hereby declared to be open and public streets and exclusively under the control and jurisdiction of the Board of Trustees.

SEC. 37. An Act entitled "An Act to incorporate the Town of Gold Hill," approved December seventeenth, one thousand eight hundred and sixty-two; an Act entitled "An Act to amend an Act entitled an Act to incorporate the Town of Gold Hill, approved December the seventeenth," approved February eighteenth, one thousand eight hundred and sixty-four; an Act entitled "An Act

to incorporate the Town of Gold Hill," approved March seventh, one thousand eight hundred and sixty-five; an Act entitled “An Act to amend an Act entitled An Act to incorporate the Town of Gold Hill, approved March seventh, one thousand eight hundred and sixty-five," approved February twenty-fourth, one thousand eight hundred and sixty-six; also, an Act entitled "An Act to provide for the payment of outstanding indebtedness of the Town of Gold Hill, Storey County," approved March ninth, one thousand eight hundred and sixty-five; an Act entitled "An Act to provide for the outstanding indebtedness of the Town of Gold Hill," approved March third, one thousand eight hundred and sixty-six; an Act entitled "An Act to incorporate the Town of Gold Hill," approved February twenty-fifth, one thousand eight hundred and sixty-nine, and each and every preceding Act relating to the incorporation of the town of Gold Hill, are hereby repealed.

SEC. 38. This Act shall go into effect on the first day of May, Anno Domini eighteen hundred and seventy-one.

CHAP. LVIII.—An Act to secure Liens to Mechanics and others and to repeal all other Acts in relation thereto.

[Approved March 4, 1871.]

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

tled to lien on building

SECTION 1. All artisans, mechanics and others who shall per- who entiform work or labor, or furnish materials to the amount of twentyfive dollars or more, for the construction or repairing of any building or other superstructure, shall have and may claim and hold a lien upon such building or superstructure, for the amount and value of the work and labor so performed, or materials furnished, by each respectively.

to be tiled.

SEC. 2. Any person claiming a lien, as provided in section one Statement of this Act, and wishing to avail himself of the benefits thereof, shall file in the County Recorder's office of the county in which such building or superstructure is situated, within sixty days after such buildings or superstructure, work of construction, or any repairs, shall have been completed, a statement containing: First, a notice of intention to claim and hold a lien. Second, A description of the property to be charged therewith. Third, An abstract of indebtedness, showing the whole amount of debit, whole amount of credit, and the balance due to the claimant, which abstract of indebtedness shall be verified by the claimant, or by some other person in his behalf. And it shall be the duty of the County Recorder to file and record such statement in a separate book provided for that purpose; and from the time of such filing, all persons shall be deemed to have notice thereof. And provided that when such lien is claimed by a sub-contractor, journeyman, or any other person than a contractor, performing work or

Copy of,

labor, or furnishing materials, the statement aforesaid shall be filed within thirty days after the time when the last work or labor was performed, or the last materials were furnished by him. And to be served within ten days after the filing of the statement aforesaid, he shall serve a copy thereof on the owner or owners of such building or superstructure, or the agent of such owner or owners, by delivering the same personally, or by posting the same in a conspicuous place on the building or superstructure to be charged with said lien.

Liens to laborers on

etc.

Sub-con

SEC. 3. All mechanics, laborers, and others who shall perform railroads, work or labor, or furnish materials, to the amount of twenty-five dollars or more, for the construction or repairing of any railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, shall have and may, each respectively, claim and hold a lien upon such railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, for the amount and value of the work or Statement labor so performed, or material furnished, by filing in the County to be filed. Recorder's office of the county in which the property to be charged with such lien is situated, within sixty days after such railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, or repairs, shall have been completed, a statement as required by section two of this Act, or if such lien is claimed by a sub-contractor, etc. tractor, journeyman, or any other person than a contractor, performing work or labor or furnishing materials, then by filing such statement within thirty days after the time when the last work or labor was performed, or the last materials were furnished Statement. by him, and by serving a copy of such statement upon the owner or owners of such property, or the agent of such owners or owners within the time and in the manner, except as to posting, provided in said section. And in case personal service cannot be had, service may be made by depositing a copy of said statement, postage paid, in the postoffice, directed to such owners or owners, or such agent, at his or their last known place of residence. And any lien so claimed shall extend to and include all franchises, charter privileges, and rights of way that may in anywise pertain to any such railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir.

Service.

Lien to

extend to franchise, etc.

Liens to miners, etc.

Sub-contractor.

SEC. 4. All miners, laborers, and others who work or labor to the amount of twenty-five dollars or more, in or upon any mine, lode or deposit yielding metals or minerals of any kind, or upon any shaft, tunnel, adit, or other excavation designed or used for the purpose of draining or working any such mine, lode or deposit; and all persons who shall furnish any timber or other materials, to the amount of twenty-five dollars or more, to be used in or about any such mine, lode or deposit, shall have and may, each respectively, claim and hold a lien upon such mine, lode or deposit, for the amount and value of the work or labor so performed, or materials furnished, by filing in the County Recorder's office of the county in which such mine, lode or deposit is situated, within sixty days after the time when the last work or labor was performed, or the last materials were furnished by him, a statement as required by section two of this Act. Or if such lien is claimed by a sub-contractor, or any other person than a contractor, performing work or labor, or furnishing materials, then by filing such statement within thirty days after the time when the last

work or labor was performed, or the last materials were furnished by him, and by serving a copy of such statement upon the owner or owners of such mine, lode or deposit, or his or their agent, within the time and in the manner provided in section three (3) of this Act; and, provided, that when two or more such lodes or deposits, owned or claimed by the same person or persons, shall froviso. be worked through a common shaft, tunnel, incline or adit, then all the lodes or deposits so worked shall, for the purposes of this Act, be deemed one mine.

laborers and others

on lots.

SEC. 5. All laborers and other persons, who shall perform Liens to work or labor to the amount of twenty-five dollars or more upon any building lot or lots, in any city, town or village, or for the purpose of improving such lot or lots, by filling in or grading such lot or lots, shall have and may, each respectively, claim and hold a lien upon such lot or lots, for the amount and value of the work or labor so performed, by filing in the County Recorder's office of the county in which such lot or lots are situated, within sixty days after the time when the last work or labor was performed by him, a statement as required by section two of this Act. Or if such lien is claimed by a sub-contractor, or any other person than a contractor, performing work or labor, then by filing such statement within thirty days after the time when such work or labor was performed by him, and by serving a copy of such statement upon the owner or owners of such lot or lots, within the time and in the manner provided in said section.

Sub-con

tractor.

SEC. 6. Every sub-contractor, journeyman, laborer or other Sub-conperson performing work or labor, or furnishing materials, shall, tracters, etc. under the provisions of this Act, have a valid lien upon the valid lien. building or superstructure, or other property upon which a lien may be claimed, as hereinbefore provided, and upon which such work or labor was performed, or for which such materials were furnished, to the extent of the amount due from the owner or owners, to the contractor at the time of the service of the notice aforesaid, or the amount thereafter to become due regardless of any claims the contractor, at whose instance such work or labor was performed or materials were furnished, may have against the owner or owners of such building or superstructure, or other property; and if any money be due, or is to become due, under the contract from the owner or owners to such contractor, upon being served with a copy of the statement, as provided in section two of this Act, by a sub-contractor, journeyman or laborer as aforesaid, such owner or owners may withhold out of any moneys due, or to become due under the contract, a sufficient amount to satisfy the lien claimed by such sub-contractor, journeyman or laborer, until the validity thereof shall have been established by proper legal proceedings, if the same be contested; and if so established, the amount thereof shall be a valid set-off to that extent in favor of such owner or owners, and against the contractor. And after such copy of the statement shall have been properly served upon such owner or owners, in case of failure to comply May sue and with the provisions of this section, then such sub-contractor, journeyman or laborer, may sue and recover from such owner or owners, the amount of any damages he may have sustained by reason of such failure. And no payment of money, made fraudulently by such owner or owners to such contractor, for the pur

recover.