9 Nev. 360 | Nev. | 1874
By the Court,
The act providing for the government of the towns and cities of this State, approved February 21, 1873, provides that before any of the powers or jurisdiction conferred by the act can be exercised, “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 of such town or city, representing at least three-fifths of the taxable property. The genuineness of all sig
A petition signed by six hundred and eighty-two persons was filed in the clerk’s office of Eureka County, asking the board of county commissioners of said county to apply the provisions of said act to the town of Eureka, situate in said county. This petition was accompanied by the affidavits of J. D. Sullivan, T. J. Maupin, M. Borowsky and J. E. Eamsey. At a meeting held on the 2d day of December, 1873, the board passed an order declaring that the town of Eureka, from and after that date, was subject to the provisions of said act. Respondent claims that the affidavits are fatally defective and thereupon argues that in acting upon said petition and in passing said order the'board exceeded its jurisdiction. The affidavit of Sullivan states “ that he is a resident and tax-payer in Eureka County.” The law requires that the affidavits shall be made by a tax-payer of the town or city. In order to give the board jurisdiction the affidavit must show that the party making it was one of the persons made competent by the law. “It should affirmatively appear that he is such person and he should also swear to the fact.” State v. The Board of County Commissioners of Washoe County, 5 Nev, 320 and authorities there cited. In this respect the affidavit of Sullivan was fatally defective.
The other affidavits are not subject to this objection; but against them it is urged that they are defective; first, in failing to state that the signatures to the petition are genuine; second, that they are made upon information and belief. Each affiant states “that he has examined the signatures” upon the petition, “and the same represents three-fifths of the taxable property, as well as a majority of the actual residents of said town, to the best of his knowledge and belief.” This statement does not establish the fact that said petition
The judgment of the district court annulling the proceedings of the board is affirmed.