The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1910-07-02

And that the court mas JURISDICTION
of actions of this character, may be
seen by the Constitution of Nevada,
article III, section 6, as well as by the
Compiled Laws of Nevada. sections
$500 and 1907.
Upon many of the main propositions
involved in this case it may be useful
for counsel to refer to the following au.
thorities: 81 eye. SOC; Buckley VS..
Stewart, / Day Comm, 1870; 2 Am.
Dec. 81; 10 &C. Rep. 800. This last
case is n involving the duties of a
townsite trustee, and confirms the juris-
diction of the court in an action of
this character. It asserts that the
court may and ought to control the ac-
ton of the trustee during the tendency
of the trust, against acts %prejudicial TO
the rights of the cestui que trust, espe-
eially where those acts are backed by
the high hand of official power, aaginst
which the plaintiff is helpless.)
The ease of Hayward VS.. Board Of
Trustees of the town of Red Cliff, Colo.
RADIO, reported in Sc Pacific 795, seems
to be directly in point as to tne jurls.
diction of the court in cases of this
kind, and it declares that there is no
authority to pay unreasonable COM
pensation for attorneys fees in town
site matters, even if there is a contract
for the same.
A bill in equity may be maintained
to prevent an abuse of the trust which
affects the interest of the beneficiaries.
6 Fed. Stats. Ann, 345; Denver vs..
Kent, l Col. 1856; Georgetown VS.. Glaze,
3 Col. 234; Aspen VS.. Rucker, 10 Col.
1874.
AS to the matter of arbitrator fixing
the defendant Donovan's fees, it need
only be said, that no public official OF
the character of trustee can delegate
his authority to others. The RESPONSE
bjlity is on the trustee, and on him
alone. This is elementary. The allega-
tions of the complaint in that regard
are mere surplusage.
The statute governing the issuance Of
TOWNSHIP deeds and the fees to be
charged therefor, as relates to this case,
is as follows:
CATER the issuance of the patent for
such lands. it shall be the duty of the
corporate authorities or judge to whom
such patent shall issue, to make out,
execute, and deliver to each person,
company, association, or corporation,
who may be legally entitled to the
same, a deed in fee simple for such part
or parts, lot or lots, of land on payment
of his, her their, or its proper and due
proportion Of the purchase money for
such sums as may be necessary to pay
for streets, alleys, squares, and public
grounds, not to exceed fifty cents for
each lot, and also such further sums AS
shall be a reasonable compensation for
executing and acknowledging such deed,
not exceeding the sum of three dollars
for the first, and one dollar for. each
additional lot claimed by the sane
owner, for counsel fee, and for moneys
expended in the acquisition of the title
and the administration of the trust,
including reasonable charges for time
and services while employed in such
trust, not exceeding the SUM of one dol
lar for each lot; provided, that no esti-
mate shall be made for counsel fee, I'M
less the same shall have been actually
and necessary expended; and the fore
going charges shall be full payment for
all expenses attending the execution, ex
cept for revenue stamps:'
By this section it is plain to be seen
that the only fees and expenses at all
allowable are, first, fifty cents per lot
for the purchase money for the land
and to pay for streets, alleys, squares
and public grounds; second, such sum
as shall be reasonable compensation for
executing and acknowledging such deed,
not exceeding the sum of three dollars
for the first, and one dollar for each ad-
ditional lot claimed by the same own-
er; and third, one dollar per lot for
9 moneys expended in the acquisition OF
8 the title and the administration of the
= trust, including reasonable charges for
time and services while employed in
such trust. The statute further pro-
. vides that the foregoing charges shall
: be full payment for all expenses attend
ing the execution of the trust. except
, for revenue stamps. 1iere can be no
: further charge, and it certainly is I'M
lawful to demand or receive more than
is specified in the statute. So four dol
lars and fifty cents covers every pos