Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1877-06-13

moneys that have been derived, or
that may hereafter be derived from
the public sale of town lots in said
city, under the Act of the Legislature
of the State Of Nevada entitled "An
Act prescribing rules and regulations
for the execution of the trust arising
under the Act of Congress entitled
AN Act for the relief of the inhabi.
tants of cities aud towns upon the
public lands,approvcd March 2, 1857
approved February 20, 1862" and to
apply such money in part payment
for such water, water pipes, hydrants,
reservoirs, hose, apparatus, and build
ings.
Third-TO organize. regulate, es-
tablish and disband fire "r hose COM
panies within said city.
Fourth-To hold and preserve for
the use and benefit of the Inhabitants
of said city, all streets, alleys, and
public squares already established
and in use in said city.
Fifth-They shall annually levy a
tax of not exceeding one per cent.
upon the assessed value of all real
and personal property situate in the
city and made taxable by law for
State and county purposes.
Sixth-To institute and maintain
suit or suits In any court or courts
necessary, in their judgment, to en-.
force or maintain any right or rights
Of said city. All such suits shall be
instituted in the name of the Board
Of Trustees, tor tine use and benefit
of the inhabitants of said city, and
shalt be entitled accordingly, in all
pleadings and proceedings.
Seventh-To adopt all rules and
regulations, and do and perform all
other acts and things necessary for
the execution Of the powers and ju-
risdiction by this Act conferred, and
to audit and allow all claims proper
ly payable out Of the funds of the
city; provided, that the Board of
TRUSTEES shall draw NO warrants upon
the City Treasury unless there be in
the City Treasury sufficient amount
of money t" pay the same. Any
property, real or personal, necessary
for the public use Of the city, may
be condemned and appropriated in
the following manner: The Board of
Trustees shall appoint one referee,
and the cla' mant or claimants, owner
or owners of the property sought to
be condemned shall appoint one
referee, and in the event the two
referees So appointed shall not agree
III the Valuation OF the property to he
condemned, then the two referees so
appointed shall select third referee,
and the decision of Il majority Of
such three us to the valuation of the
property or interest therein by them
appraised. shall he reported to the
said Board of Trustees, and may by
them lie regarded as final and bind
ing, and upon the tender in gold coin
of the sum named by said appraisers
for such property to the claimant or
claimants, owner or owners thereof,
or his agent or attorneys, such prop
erty or the interest therein appraised
shall become the property of the city,
and said Bnard of Trustees may take
immediate possession of the same.
In case the claimant or claimants,
owner or owners of property sought
to be condemned as herein provided,
shall refuse or reject, when required
by the Board of Trustees, to appoint
u referee 10 value such property, the
said Beard of Trustees shall consti-
tute a Board Of Appraisers of such
property, and their valuation of the
same shall be final and binding; but
NO act of condemnation Of property or
OF aoyclaim or Interest therein, as here
in provided, snail be deemed or held
as an admission ON the part OF the
city of the legality of the asserted
claim thereto, or right therein; and
in condemnation OF property, as in
this Act provided, the referee, or
Board OF Trustees, rs the case may be,
shall consider whether the proposed
Improvements for which such prop
erty is condemned will be Of any
benefit to the persons owning or
claiming the said property, or some
interest therein, and if they find
that the same will be benefit to
such person or persons. they shall es.
innate the value of such benefit to
him or them, and deduct the amount
thereof from the estimated value Of
the property or interest therein con-
demned.
SEC. 10. The Treasurer of Lyon
county shall, in addition to the du-
ties now imposed upon him by law,
act rs the Treasurer Of the city, and
shall he ex-offi>io City Treasurer. 1t
shall he his duty to keep in separate
fund, to be known as the "Silver City
Fund.-" all moneys collected or on
account of said Silver City, under
and by virtue of this Act, and shall
pay the same out upon warrants duly
signed by majority of the Board of
Trustees and the City Clerk; pro-
vided, there be in said fund suffi-
cient amount of money to pay the
same; but If he has not such
money he shall indorse on said war
rant, Mot paid for want Of funds"